New York State has passed, and Governor Hochul has signed, Senate Bill S8420A, which is an opening salvo in regulating at least one aspect of Artificial Intelligence (AI).

The crux of the legislation is identifying when a “synthetic performer” is presented in any advertising or messaging.

The cost of violation is $1,000 for the first offense and $5,000 for each and every subsequent violation or non-compliance.

So, what is a “synthetic performer”? A persona or animated image of an individual or individuals created by AI. As we are seeing the advance of various programs in their ability to create lifelike avatars it has blurred the lines of real and invented.

This regulation requires a disclaimer for those images. It is not clear what such text or imagery would be required. As the government wrestles with the burgeoning AI abilities and its desire to protect the public from being hoodwinked, it has not formulated specifics.

Professional actors, celebrities, and public figures can be convincingly cloned with a few simple prompts. Individuals can be recreated both in image and voice. The bastardization threatens not only for the reputation of the person imitated but also to the credibility of what they say.

It is not understood how the identification of “synthetic performer” would be accomplished in the audio-only, radio, or podcast universe. Visually, the addition of text disclaimers or some other labeling is more easily employed. Tiny fonts scrolling or static similar to pharmaceutical advertising are clearly one way for compliance. That, of course, impacts creative design and overall messaging. Agencies are also developing icons and QR codes that can be inconspicuous and less deleterious to the creative images.

It will take some time for AI regulations to be promulgated but surely the aforementioned NYS law is only the beginning.