Governor Hochul signs new legislation aimed at strengthening consumer protection and increasing AI transparency across the film industry

New York – New York took a major step into the future of media regulation this week as Governor Kathy Hochul signed a pair of groundbreaking bills designed to confront the fast-evolving influence of artificial intelligence on the film industry, advertising, and public trust. With the stroke of a pen, New York became the first state in the nation to require clear disclosure when advertisers use AI-generated synthetic performers, while also reinforcing protections over the name and likeness of individuals after their death.

The two pieces of legislation—S.8420-A/A.8887-B and S.8391/A.8882—arrive at a time when rapid advances in digital media have made it increasingly difficult for the average viewer to distinguish between real human performance and computer-generated imitation. As AI tools become more sophisticated, lawmakers and creative workers have raised concerns about transparency, exploitation, and the ability of technology to manipulate the public without their knowledge.

Governor Hochul underscored those concerns as she officially enacted the bills. “By signing these bills today, we are enacting common sense laws that will ensure we are fully transparent when using images generated by artificial intelligence and also prevent the unauthorized commercial use of a deceased individual’s name or likeness,” Governor Hochul said. “In New York State, we are setting a clear standard that keeps pace with technology, while protecting artists and consumers long after the credits roll.”

A Response to the Rise of Synthetic Performers

Synthetic performers—digital avatars or AI-generated characters designed to look and behave like real people—are already being used in everything from product ads to promotional videos on social media. These images or animations can mimic human speech, movements, and facial expressions with astonishing realism, giving them powerful persuasive potential.

What makes this development unsettling for many lawmakers, union leaders, and performers is the ease with which these digital creations can be produced, altered, and distributed. Without mandatory disclosure, viewers might never realize they are watching an artificially generated spokesperson instead of a real human being. This lack of transparency raises concerns about manipulation, misinformation, and the erosion of creative workers’ livelihoods.

The newly signed legislation addresses this gap head-on by requiring advertisers and content creators to clearly identify when AI-generated performers are used. Supporters say this requirement will help rebuild trust between consumers and the media they consume while shining a light on technology that, until now, has often operated behind the scenes.

Protecting the Right to Be Remembered

The second bill signed by Governor Hochul ensures that an individual’s likeness cannot be commercially exploited after their death without consent from the person’s heirs or executors. The measure aims to prevent the unauthorized revival of deceased actors, public figures, or ordinary individuals who may never have agreed to participate in a digital performance—particularly one created long after their passing.

Read also: Bronx man found guilty after federal jury confirms kidnapping and child exploitation offenses

The bill reflects ongoing debates in the entertainment industry regarding the ethics of resurrecting performers through digital reconstruction. These discussions have grown increasingly urgent in recent years, as studios experiment with digitally recreating actors in new films or advertisements. Critics warn that such practices can distort a performer’s legacy or misrepresent their values.

By requiring clear permission, New York hopes to set a standard that other states may soon follow.

Lawmakers Highlight the Stakes for Workers and Audiences

State Senator Michael Gianaris, who sponsored the synthetic performers disclosure bill, emphasized the importance of defending workers in a rapidly changing industry. “Film and television production remains an integral part of New York’s economy, and that is why New York will continue to lead in protecting the workers who power this industry. I want to thank Governor Hochul for signing my legislation that will protect workers from having their likenesses deceptively replaced by artificial intelligence, and will hold companies accountable for improperly using these tools.”

Gianaris’s comments highlight a central fear among actors and performers: that AI could be used to replace or replicate them without warning. Whether through deepfake-style recreations or realistic digital stand-ins, AI has the potential to cut human performers out of projects entirely.

Assemblymember Linda B. Rosenthal, who has been working on the issue since 2021, echoed those concerns, focusing on the blurred line between the digital world and reality. “The proliferation of deepfakes and other artificial intelligence has blurred the lines between the digital world and reality, costing jobs and harming consumers in the process. Under my new law, New Yorkers will finally have the information they need to decipher fact from fiction. Since 2021, I have worked to curb the use of synthetic performers in advertisements and am proud that New York State is now leading the nation. Consumers have a right to know if the product or service being advertised to them is by a real person or a computer-generated avatar. The reduced production costs for companies using AI is not worth the hefty price of obscuring reality. I thank the Governor for signing this bill into law and SAG-AFTRA for their continued advocacy.”

Support From the Creative Community

The new laws received strong support from SAG-AFTRA, the union representing film and television performers nationwide. In recent years, the organization has played a leading role in pushing for comprehensive AI protections during labor negotiations and legislative sessions.

Assemblymember Tony Simone, whose district includes many SAG-AFTRA members, highlighted the partnership that made the legislation possible. “The West Side is home to many amazing SAG-AFTRA members and I was proud to partner with the union, Senator Gianaris and Governor Hochul to expand protections around our right to publicity laws. Thanks to Governor Hochul and all of our amazing partners, New York has made great progress to protect the rights of working actors. These updates will protect deceased people’s voice or likeness in expressive audiovisual works and require prior consent or the permission for the deceased person’s heirs.”

Duncan Crabtree-Ireland, the union’s National Executive Director and Chief Negotiator, said the legislation brings long-needed clarity at a critical moment. “These protections are the direct result of artists, lawmakers and advocates coming together to confront the very real and immediate risks posed by unchecked A.I. use. By mandating transparency and securing consent, New York has drawn a bright line that puts human creativity, integrity and trust first. This is smart, forward-looking legislation that will have national impact.”

Read also: New research led by the University of Rochester shows that who scientists are strongly shapes public confidence and the direction of science-based policymaking

Local SAG-AFTRA leaders called the signing a symbolic victory for their members. Ezra Knight, President of the New York Local, remarked, “The fact that Governor Hochul chose our New York Local office for this signing speaks volumes. It shows that SAG-AFTRA is leading, not just participating, in the movement to protect workers from the dangers of using AI for bad purposes. New York has always been a home for artists, and today it stands as a model for how to safeguard not only our members, but the broader public.”

Rebecca Damon, the union’s Chief Labor Policy Officer, added that the legislation reinforces the dignity and humanity of performers. “Today’s signing is a milestone for every performer whose work, likeness and voice deserve respect and protection. These bills recognize that technology must serve humanity, not replace it or exploit it. New York has set a powerful example for the nation, and SAG-AFTRA is proud to have helped lead the way.”