New York Makes History: First State to Mandate AI Actor Transparency, Ushering in New Era for Entertainment and Advertising

New York State has officially enacted groundbreaking legislation, becoming the first in the nation to mandate transparency for the use of AI-generated actors while simultaneously bolstering legal protections for the commercial exploitation of deceased individuals' names, images, and likenesses.

Governor Kathy Hochul signed two pivotal bills into law on December 11, 2025, directly addressing the controversies and risks stemming from the rapid expansion of generative AI within the entertainment and advertising sectors. This move positions New York at the national vanguard of AI regulation.

One of the new laws mandates that advertisers using AI-generated actors in commercial advertisements must clearly disclose this fact, preventing consumers from being unknowingly misled. State Assemblymember Linda B. Rosenthal emphasized that the widespread adoption of deepfake technology and artificial intelligence is increasingly blurring the lines between the real and digital worlds, impacting not only employment opportunities but also significantly eroding consumer trust.

The second bill addresses the critical issue of posthumous right of publicity, requiring consent from heirs or estate administrators for any commercial use of a deceased individual's name, image, or likeness. This regulation directly responds to the entertainment industry's controversial trend of digitally "resurrecting" deceased celebrities, a practice long considered susceptible to abuse due to the lack of a clear legal framework.

In explaining the legislative intent, Governor Hochul underscored that these are common-sense laws designed not to impede technological advancement, but to ensure transparency and ethical boundaries in AI applications, thereby safeguarding artists and consumers amidst rapid technological evolution. State Senator Michael Gianaris echoed this sentiment, noting that film and television production is vital to New York's economy, making the protection of creators' and industry workers' rights an undeniable responsibility of the state government.

The American actors' union SAG-AFTRA fully endorsed the new legislation, hailing it as the culmination of collaborative efforts by artists, lawmakers, and advocacy groups. They believe it will effectively address the immediate threats posed by uncontrolled AI usage. The timing of these bills is particularly significant, arriving amidst heated discussions surrounding AI-generated holiday advertisements from major brands like Coca-Cola and McDonald's, underscoring that the industry has reached a pivotal moment where clear ethical boundaries must be established alongside innovation.

via: IGN