New York’s synthetic-performer advertising disclosure rule
By Drizzle team
2 min read
New York’s General Business Law section 396-b contains a specific disclosure rule for synthetic performers. Its definition and exceptions matter when reviewing an advertisement.
Read the statutory definition
The current statute defines a synthetic performer around a digitally created human performance that is not recognizable as an identifiable natural performer. It requires a conspicuous disclosure in covered commercial advertisements when the producer or creator has actual knowledge.
The statute includes exceptions, including audio advertisements, AI used solely to translate a human performer, and specified promotion of expressive works. Those details should not be replaced with a blanket statement about all AI media.
Review the actual performer and placement
Keep the source assets, production method, intended geographic use, and final ad. Identify whether the visual character is fictional or depicts an identifiable real person. Those situations can raise different questions, including separate likeness rights.
Check that a disclosure remains conspicuous in the exported and published version. A tiny caption that disappears behind a platform control is a poor production choice.
Do not treat disclosure as complete clearance
The advertisement still needs truthful product claims, appropriate permissions, and compliance with other applicable rules. Ask qualified counsel to assess coverage and exceptions for a campaign rather than relying on a general article.
This guide was reviewed September 15, 2026. Read the testimonial guide for a separate issue: a disclosed fictional presenter cannot provide a real customer experience.