Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.
The bill imposes civil penalties for violations, establishing a fine of $1,000 for the first offence and $5,000 for subsequent violations. By instituting these penalties, the legislation intends to encourage compliance from advertisers and businesses, fostering a more honest representation of AI-created content. This measure could potentially reshape advertising practices in New York, making entities liable for misleading representations involving synthetic performers. The inclusion of provisions that exclude expressive works, such as films and video games, from this disclosure requirement indicates a recognition of the artistic merit and context in which AI-generated content might be employed.
Bill S08420, introduced by Sen. Gianaris, seeks to amend the general business law to enhance transparency in advertising by requiring that any advertisement which includes the use of a synthetic performer must disclose this fact conspicuously. A synthetic performer, as defined in the bill, refers to a digitally created entity that utilizes generative artificial intelligence to simulate a performance that gives an impression of a human performer. This change aims to address the growing influence of AI in media and entertainment, ensuring that consumers are made aware of the nature of the performers in advertisements.
Discussions surrounding S08420 reveal notable points of contention, particularly in how the bill balances consumer protection with freedom of expression in creative fields. Advocates argue that the bill is necessary to protect consumers from deceptive practices in an industry that is rapidly incorporating advanced AI technologies. However, critics could raise concerns about overregulation, fearing that the requirement to disclose synthetic performers in certain creative contexts could stifle innovation or limit artistic expression. Furthermore, discussions might focus on the practical implications of enforcement, especially regarding the varied interpretations of what constitutes a 'synthetic performer' versus traditional human performances in advertising.