Source: Debevoise & Plimpton LLP

Debevoise & Plimpton LLP reports that New York Governor Kathy Hochul has signed historic legislation requiring the disclosure of AI-generated content in political and commercial contexts. Effective June 2026, the law mandates that any advertisement or promotional material featuring "synthetic performers"—AI-generated human likenesses—must clearly and conspicuously disclose this fact to the public. Additionally, a new posthumous right of publicity law, effective immediately as of December 2025, requires prior consent for the commercial use of a deceased individual's name, voice, or image through AI technologies.

These measures aim to protect the integrity of elections and prevent the spread of deceptive deepfakes during political campaigns. Violations of the disclosure requirements can result in significant civil penalties and statutory damages. The law is part of a broader push by New York to lead on AI ethics, addressing the rise of misleading campaign videos and robocalls that utilize synthetic voices. While the federal government has signaled interest in preempting such state-level regulations, New York’s laws currently stand as a benchmark for protecting individual likenesses and voter awareness in a rapidly evolving digital environment.