Influencers & Creator Economy

New York State has enacted a seminal piece of legislation that fundamentally alters the landscape of digital advertising and influencer marketing. Effective June 9, 2026, the Synthetic Performer Law mandates that any commercial advertisement featuring AI-generated human-like figures must prominently disclose their artificial nature.

The Compliance Mandate

Under this new regulatory framework, a "synthetic performer" is defined as any digitally created or modified asset that simulates a human presence, including AI avatars, synthesized voices, and virtual presenters. If a business knowingly deploys such technology in a commercial context, the disclosure must be conspicuous, ensuring that the average consumer can immediately discern the performer's non-human origin.

"The compliance test is not whether the creative team regards the figure as an avatar, but whether consumers see a person-like figure without a clear label."

Financial Penalties and Exemptions

Non-compliance carries stringent financial consequences, with civil penalties starting at $1,000 for an initial violation and escalating to $5,000 for subsequent breaches. However, the legislation provides pragmatic exemptions for audio-only advertisements, AI utilized strictly for language translation, and expressive works such as films, television programs, and video games where synthetic performers are integral to the narrative.

Official Source

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