The push for AI transparency in advertising is moving from theory to enforcement.
Davis+Gilbert Partner Samantha Rothaus recently spoke with Bloomberg Law about New York’s synthetic performer disclosure law, which requires advertisers to disclose when AI-generated performers are used in advertising.
While the law aims to address concerns around deception and misinformation, Samantha notes that several compliance questions remain unanswered, pointing to potential gaps in the law, including exemptions for audio and AI-generated voices, as well as a lack of clarity around when a disclosure is required. As Samantha notes, these gaps result in frequent questions from clients about how the new requirements should be applied in practice.
Reflecting on the broader purpose of the law, she suggests that disclosure requirements may become increasingly relevant as AI-generated influencers gain traction online. As Samantha explains, “If you’re an influencer and you’re not even a real person, that’s even more material. When the whole thing is fictional, and you’re not aware that it’s fictional, that’s where people really can get misled and taken down the wrong path.”
As New York begins implementing the law and other jurisdictions pursue similar measures, advertisers should closely monitor evolving disclosure requirements and how regulators approach AI-generated content and influencer marketing.