Source: The National Law Review

The National Law Review provides a comprehensive overview of New York’s newly enacted AI disclosure law (S. 8420-A/A. 8887-B), signed by Governor Kathy Hochul on December 11, 2025. The law mandates that any commercial advertisement distributed in New York which features a "synthetic performer"—defined as an AI-generated likeness of a human being—must include a clear and conspicuous disclosure. This requirement applies across all media formats, including digital, social, video, and display advertising. The primary intent of the legislation is to prevent consumer deception by ensuring that viewers can distinguish between real human actors and digitally synthesized representations, particularly as AI technology becomes increasingly indistinguishable from reality.

In addition to the transparency requirements, the legislative package significantly expands posthumous right of publicity protections. It now requires explicit consent from heirs or executors to use a deceased person’s name, voice, or image in commercial contexts, specifically addressing the rise of "digital replicas." While the transparency provisions take effect on June 9, 2026, the right of publicity expansions became effective immediately upon signing. For marketers and brands, this means a rigorous update to disclosure workflows and contractual terms with AI vendors. Failure to comply with the labeling mandate can result in substantial civil penalties, making New York a leader in the state-level regulation of commercial synthetic media.