If your marketing strategy includes AI-generated content, New York’s new synthetic performer law deserves your attention.
In a recent article from the Performance Marketing Association, Davis+Gilbert partner Gary Kibel explained why affiliate marketers, influencers, publishers and brands should take notice of the law, which took effect on June 9, 2026.
As Gary notes, the law requires advertisers to conspicuously disclose when an advertisement features an AI-generated performer that does not depict a real, identifiable person. And the requirement extends well beyond traditional advertising. Social media content, influencer campaigns, affiliate marketing, and video content targeting New York consumers may all fall within its scope.
A few key takeaways:
- AI-generated performers in ads generally require disclosure.
- The law can apply to affiliate and influencer marketing content directed at New York consumers.
- Publishers and platforms may face liability if they receive notice of non-compliant content and fail to take action.
- Civil penalties start at $1,000 for a first violation and increase to $5,000 for subsequent violations.
As Gary succinctly put it, “the practical takeaway for affiliate marketers, publishers, and creators is simple: build a clear, visible AI-disclosure step into your content workflow now, rather than waiting for a regulator to come knocking on your door.”