Bill Text: NY A00216 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-06-06 - reported referred to rules [A00216 Detail]

Download: New_York-2023-A00216-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           216

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general  business  law,  in  relation  to  requiring
          advertisements to disclose the use of synthetic media

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 396-b of the general  business  law,  as  added  by
     2  chapter 1031 of the laws of 1965, is amended to read as follows:
     3    § 396-b. Advertisements. 1.  For purposes of this section, the follow-
     4  ing terms shall have the following meanings:
     5    (a)  "Synthetic  media"  means a computer-generated voice, photograph,
     6  image, or likeness created or modified through  the  use  of  artificial
     7  intelligence  and intended to produce or reproduce a human voice, photo-
     8  graph, image, or likeness, or a video created  or  modified  through  an
     9  artificial   intelligence  algorithm  that  is  created  to  produce  or
    10  reproduce a human likeness.
    11    2. Any person, firm, corporation or association, or agent or  employee
    12  thereof,  hereinafter  called person, who, being engaged in the business
    13  of dealing in any property, makes, publishes,  disseminates,  circulates
    14  or  places  before  the  public or causes, directly or indirectly, to be
    15  made, published, disseminated, circulated or placed before  the  public,
    16  in  this  state,  any advertisement respecting any such property, in any
    17  newspaper, magazine, or other publication, or over any radio station  or
    18  television  station,  unless it is stated in any such advertisement that
    19  the advertiser is a dealer in such property or from the context  of  any
    20  such  advertisement,  it plainly appears that such person is a dealer in
    21  such property so offered for sale in any  such  advertisement;  or  when
    22  placing  or  causing  any such advertisement to appear in any newspaper,
    23  magazine  or  other  publication  or  radio  or  television  station  as
    24  described  in  this  section,  if requested by the publisher of any such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01400-01-3
        A. 216                              2

     1  newspaper, magazine or other publication or owner or  operator  of  such
     2  radio  or  television  station or any agent or representative thereof to
     3  file with such owner or operator,  publisher,  agent  or  representative
     4  thereof  his true name, or where he is transacting business under a name
     5  other than the true name pursuant to law, then the name under which such
     6  business is transacted, and each business address wherein  any  business
     7  is  transacted  by  him,  in  the  class of property advertised or to be
     8  advertised for sale in such advertisement, shall make any  false  state-
     9  ment  in relation to any of such items; or if requested by the publisher
    10  of any such newspaper, magazine or other publication or owner or  opera-
    11  tor  of  such radio or television station or any agent or representative
    12  thereof to file with such owner, operator, publisher, agent or represen-
    13  tative thereof a statement showing whether he is causing such advertise-
    14  ment to appear or is offering to make such sale or disposition or trans-
    15  action, as herein set forth, as principal or agent, and if as agent,  to
    16  set  forth such information as is specified in this section, in relation
    17  to his principal as well as in relation to himself, shall make any false
    18  statement in relation to any of such items; is guilty of a misdemeanor.
    19    3. Any person engaged in the business of dealing in  any  property  or
    20  service  who makes, publishes, disseminates, circulates or places before
    21  the public or causes, directly or indirectly,  to  be  made,  published,
    22  disseminated,  circulated  or placed before the public any advertisement
    23  respecting any such property or service, in any medium or media in which
    24  such advertisement appears, shall  disclose  in  such  advertisement  if
    25  synthetic media is in such advertisement.
    26    (a)  If  synthetic media has been used in any advertisement under this
    27  section to create a model that appears to depict a natural person,  such
    28  advertisement  shall include a disclaimer which clearly states that such
    29  models featured in such advertisement are synthetic,  do  not  depict  a
    30  natural person, and are generated to create a human likeness.
    31    (b) It shall not be a defense to an action under this or any other law
    32  that the disclaimer required under paragraph (a) of this subdivision has
    33  been  included  if  the synthetic media depicts a natural person without
    34  such natural person's consent.
    35    (c) A violation of this subdivision shall result in a civil penalty of
    36  one thousand dollars for a first violation, and  five  thousand  dollars
    37  for any subsequent violation.
    38    4. Nothing in this section shall limit or reduce any rights any person
    39  may  have under section fifty, fifty-f, or fifty-one of the civil rights
    40  law or under any other law.
    41    5. Nothing in this section shall be construed to limit, or to enlarge,
    42  the protections that 47 U.S.C. section 230  confers  on  an  interactive
    43  computer  service  for  content  provided by another information content
    44  provider, as such terms are defined in 47 U.S.C. section 230.
    45    § 2. This act shall take effect immediately.