Designing AI‑Advertising Workflows for New York and Beyond

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December 20, 2025

New York’s new synthetic‑performer disclosure law makes AI‑advertising compliance a workflow problem, not just a legal memo. Beginning June 9, 2026, any visual or audiovisual ad distributed to New York audiences that features a synthetic performer — a digitally created human‑like figure who does not depict a real person — must clearly disclose that fact, with civil penalties for non‑compliance. Build the right workflow once, and you can use it as a template for other states and federal expectations on AI, endorsements, and deception.

What Happened.

On December 11, 2025, Governor Kathy Hochul signed S.8420‑A/A.8887‑B into law, amending New York General Business Law § 396‑b. Effective June 9, 2026, any person “engaged in the business of dealing in any property or service” who produces or creates a commercial advertisement must conspicuously disclose when the ad includes a synthetic performer, if they have actual knowledge.

A synthetic performer is defined as a digitally created asset produced, reproduced, or modified by computer (using generative AI or any software algorithm) that is intended to create the impression of a human performance by someone who is not recognizable as any identifiable natural person. The law:

Applies to visual and audiovisual ads in any medium reaching New York audiences (TV, digital, social, out‑of‑home), regardless of where the advertiser is based.
Exempts audio‑only ads, ads where AI is used solely to translate a human performer’s language, and ads for expressive works (films, TV, streaming, games) when the synthetic performer’s use in the ad matches its use in the underlying work.
Imposes civil penalties of $1,000 for a first violation and $5,000 for subsequent violations.
Expressly excludes publishers and platforms that merely disseminate ads; the duty sits with brands and agencies that produce or create the ads.

Who’s Affected.

This law reaches:

Brands and agencies that use AI or other digital tools to create human‑like performers that aren’t real people.
Production houses and creative vendors delivering synthetic‑performer assets for campaigns.
Global advertisers whose creative is distributed nationally and may reach New York audiences, even if the campaign isn’t “New York‑”

It does not regulate AI use generally — it targets a specific category of human‑like digital performers. But the classification and disclosure workflow you build for New York can support broader AI‑advertising governance across jurisdictions.

Building the Workflow.

1. Start with a simple decision tree. Embed three questions in briefs and kickoff forms:

Does the ad feature a human‑seeming digital performer who is not a real, identifiable person? (Potential synthetic performer.)
Is the asset instead a cartoon, animal, clearly fantastical character, or only lightly edited footage of a real person? (Likely outside the statute.)
Will this creative be aired, streamed, displayed, or otherwise distributed in New York or to New York audiences? (Triggers geographic relevance.)

If the answers to the first and third questions are yes, the brief should automatically flag the campaign for legal review and disclosure planning.

2. Build checkpoints into the creative process. Once campaigns are flagged, add structured checkpoints:

Concept stage – Require a short description of any AI‑generated or heavily AI‑modified human‑like figures envisioned.
Production stage – Document which tools are used and categorize the resulting asset: synthetic performer, modified real performer, or non‑human character.
Pre‑launch review – Run a quick classification: synthetic performer in advertising vs character in an expressive work vs routine editing only.

Standardize these checkpoints in internal playbooks and agency SOWs so everyone knows when New York’s disclosure rules come into play.

3. Standardize disclosure language and placement. The statute requires “conspicuous” disclosure but doesn’t prescribe exact wording or format. Your workflow should:

Create preferred disclosure variants for video, static, and interactive formats, with space for channel‑specific constraints.
Define minimum placement/duration standards (e.g., visible on‑screen while the synthetic performer is delivering the message, readable on mobile).
Include a step to confirm that synthetic‑performer disclosure fits alongside other required notices, such as FTC endorsement/testimonial disclosures.

Centralizing these rules in guidance lets designers and editors implement them without re‑negotiating every campaign.

4. Align contracts and vendor expectations. Because many campaigns rely on agencies, production houses, and AI vendors, contracts must mirror internal workflows:

Require vendors to disclose when AI or other software algorithms are used to generate or materially modify human‑like performers.
Include representations about whether deliverables contain synthetic performers as defined by New York law.
Add approval and revision rights so brands can adjust or add disclosures before distribution into New York.

Integrate these expectations into MSAs and SOW templates, not just project‑by‑project negotiations.

5. Create records and prepare for expansion beyond New York. Good records make it easier to defend past decisions and adapt to new rules:

Maintain a log of campaigns that used synthetic performers, including where they ran and what disclosure was used.
Keep copies of internal classifications (synthetic performer vs digital replica vs routine editing).
Monitor emerging state and federal AI initiatives so the New York‑driven workflow can evolve into a general AI‑advertising compliance framework.

CLIClaw Compliance Tip: Synthetic‑Performer Quick Audit.

Before your next major campaign goes live, run this short audit:

Asset classification. For each human‑like digital performer in your creative, mark whether they are:

A real, identifiable person (live action or digital replica), or
A synthetic performer (appears human but is not any identifiable person).

Geography check. Identify which placements will reach New York audiences (national buys, streaming platforms, social campaigns with no geo‑exclusion).
Disclosure presence. For any ad that includes a synthetic performer and reaches New York, confirm there is a clear, conspicuous on‑ad disclosure — not just language in a landing page or privacy notice.
Vendor verification. Confirm your agencies and production vendors have represented whether synthetic performers are present and have agreed to notify you if their tools change.
Evidence file. Save screenshots or clips showing how the synthetic‑performer disclosure appears on each major format (TV, digital video, social, display) plus your internal classification notes.

If you can’t quickly answer “Does this ad include a synthetic performer?” and “How is that fact disclosed on‑screen?”, treat the campaign as a priority for workflow and governance improvements before June 2026 — and use that work as the foundation for your broader AI‑advertising program.

For operational guidance and structured compliance documentation tools, visit the CLIClaw Compliance Library.

This article is for information purposes only. It is not intended to be and should not be relied on as legal advice for any particular matter.

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Designing AI‑Advertising Workflows for New York and Beyond

What Happened.

Applies to visual and audiovisual ads in any medium reaching New York audiences (TV, digital, social, out‑of‑home), regardless of where the advertiser is based.

Exempts audio‑only ads, ads where AI is used solely to translate a human performer’s language, and ads for expressive works (films, TV, streaming, games) when the synthetic performer’s use in the ad matches its use in the underlying work.

Imposes civil penalties of $1,000 for a first violation and $5,000 for subsequent violations.

Expressly excludes publishers and platforms that merely disseminate ads; the duty sits with brands and agencies that produce or create the ads.

Who’s Affected.

This law reaches:

Brands and agencies that use AI or other digital tools to create human‑like performers that aren’t real people.

Production houses and creative vendors delivering synthetic‑performer assets for campaigns.

Global advertisers whose creative is distributed nationally and may reach New York audiences, even if the campaign isn’t “New York‑”

It does not regulate AI use generally — it targets a specific category of human‑like digital performers. But the classification and disclosure workflow you build for New York can support broader AI‑advertising governance across jurisdictions.

Building the Workflow.

1. Start with a simple decision tree. Embed three questions in briefs and kickoff forms:

Does the ad feature a human‑seeming digital performer who is not a real, identifiable person? (Potential synthetic performer.)

Is the asset instead a cartoon, animal, clearly fantastical character, or only lightly edited footage of a real person? (Likely outside the statute.)

Will this creative be aired, streamed, displayed, or otherwise distributed in New York or to New York audiences? (Triggers geographic relevance.)

If the answers to the first and third questions are yes, the brief should automatically flag the campaign for legal review and disclosure planning.

2. Build checkpoints into the creative process. Once campaigns are flagged, add structured checkpoints:

Concept stage – Require a short description of any AI‑generated or heavily AI‑modified human‑like figures envisioned.

Production stage – Document which tools are used and categorize the resulting asset: synthetic performer, modified real performer, or non‑human character.

Pre‑launch review – Run a quick classification: synthetic performer in advertising vs character in an expressive work vs routine editing only.

Standardize these checkpoints in internal playbooks and agency SOWs so everyone knows when New York’s disclosure rules come into play.

3. Standardize disclosure language and placement. The statute requires “conspicuous” disclosure but doesn’t prescribe exact wording or format. Your workflow should:

Create preferred disclosure variants for video, static, and interactive formats, with space for channel‑specific constraints.

Define minimum placement/duration standards (e.g., visible on‑screen while the synthetic performer is delivering the message, readable on mobile).

Include a step to confirm that synthetic‑performer disclosure fits alongside other required notices, such as FTC endorsement/testimonial disclosures.

Centralizing these rules in guidance lets designers and editors implement them without re‑negotiating every campaign.

4. Align contracts and vendor expectations. Because many campaigns rely on agencies, production houses, and AI vendors, contracts must mirror internal workflows:

Require vendors to disclose when AI or other software algorithms are used to generate or materially modify human‑like performers.

Include representations about whether deliverables contain synthetic performers as defined by New York law.

Add approval and revision rights so brands can adjust or add disclosures before distribution into New York.

Integrate these expectations into MSAs and SOW templates, not just project‑by‑project negotiations.

5. Create records and prepare for expansion beyond New York. Good records make it easier to defend past decisions and adapt to new rules:

Maintain a log of campaigns that used synthetic performers, including where they ran and what disclosure was used.

Keep copies of internal classifications (synthetic performer vs digital replica vs routine editing).

Monitor emerging state and federal AI initiatives so the New York‑driven workflow can evolve into a general AI‑advertising compliance framework.

CLIClaw Compliance Tip: Synthetic‑Performer Quick Audit.

Before your next major campaign goes live, run this short audit:

Asset classification. For each human‑like digital performer in your creative, mark whether they are:

A real, identifiable person (live action or digital replica), or

A synthetic performer (appears human but is not any identifiable person).

Geography check. Identify which placements will reach New York audiences (national buys, streaming platforms, social campaigns with no geo‑exclusion).

Disclosure presence. For any ad that includes a synthetic performer and reaches New York, confirm there is a clear, conspicuous on‑ad disclosure — not just language in a landing page or privacy notice.

Vendor verification. Confirm your agencies and production vendors have represented whether synthetic performers are present and have agreed to notify you if their tools change.

Evidence file. Save screenshots or clips showing how the synthetic‑performer disclosure appears on each major format (TV, digital video, social, display) plus your internal classification notes.

For operational guidance and structured compliance documentation tools, visit the CLIClaw Compliance Library.

Stay Ahead of What's Coming Next