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Have you ever seen an ad with a person who looked a bit too perfect? Maybe their skin was flawless, or they never blinked? You might have been looking at a "synthetic performer"—a human that doesn't actually exist, created entirely by a computer. Up until now, it was the "Wild West" for these digital actors. But a massive change just happened in New York that is going to ripple across the entire world of business. If you use AI to create people for your ads, the rules of the game just changed forever, and ignoring them could cost you everything.
Key Takeaways
The Disclosure Rule: Starting June 2026, any ad shown in New York using an AI-generated human must clearly state that the person isn't real.
What is a Synthetic Performer?: It is a digital human made by AI that looks and acts real but is not based on a specific living person.
Who is Safe?: Cartoons, AI-edited real people, and digital animals do not need these labels.
Location Matters: Even if your business is in Florida or California, if a New Yorker sees your ad on their phone, this law applies to you.
The Big Goal: The law aims to stop "misleading realism" so customers know exactly who—or what—is selling to them.
The End of the "Secret" AI Spokesperson
Meet James. James owns a small vitamins company. To save money on expensive camera crews and actors, he used a cool new AI tool to create "Aiden," a digital spokesperson who looks like a friendly doctor. Aiden tells everyone on TikTok how great the vitamins are. James is happy because he didn't have to pay a real actor.
But under New York's new law (enacted December 11, 2025), James is now in a gray area that turns black-and-white in June 2026. Because "Aiden" looks like a real human but doesn't exist, James must put a clear label on the screen saying this is a synthetic performer. If he doesn't, he could face heavy fines.
What exactly is a "Synthetic Performer"?
To the average person, it just looks like a video. But legally, a synthetic performer is:
Entirely Digital: They were born in a computer, not in a hospital.
Human-Like: They talk, move, and have expressions just like you and me.
Not a Specific Real Person: They aren't a "Deepfake" of a celebrity; they are a brand-new "person" created by math and data.
Is My Marketing Illegal? (The "Yes" and "No" List)
Marketing should be about building trust, not tricking people. Here is how to know if you need to change your strategy:
You are SAFE (No Disclosure Needed) if:
You use a cartoon character or a talking dog.
You use AI to fix the lighting on a video of your real staff.
The AI person is in a movie or video game (this is called "expressive work").
You used AI to resize your photos or clean up background noise.
You MUST DISCLOSE if:
You use an AI human to review a product.
The AI person looks realistic enough to fool a grandparent.
The ad is shown to New York audiences on social media or TV.
“The sky is not falling on AI; the veil is simply being lifted on what is real and what is rendered.” — Anonymous Marketing Expert
Why This Law Matters to You Right Now
You might think, "I'm not in New York, why do I care?" Statistics show that where New York goes, the rest of the country follows. Currently, over 30 states are looking at similar AI transparency laws.
Additionally, the FTC (Federal Trade Commission)—the government group that watches over all ads in the US—is already watching how people use AI. If your AI human "endorses" a product (like saying "I love this soap!"), and that human doesn't have skin or a pulse, the government sees that as a lie.
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How to Stay Ahead of the AI Search Engines
Google and other AI engines like ChatGPT love honesty. This is part of what we call E-E-A-T (Experience, Expertise, Authoritativeness, and Trustworthiness). When you are honest about using AI, you actually build more trust with the search engines.
To make sure your website shows up when people ask about AI laws or marketing, you should use FAQ Schema. This is just a fancy way of telling Google, "Hey, I have the answer to this specific question!"
For example, if someone searches "Does my AI ad need a label?", and your website has a clear, 50-word answer, Google might put your business at the very top of the page in a "Featured Snippet."
Action Steps for Business Owners
Audit Your Content: Check your current videos. Are any "fake humans" being used?
Update Your Contracts: If you hire an agency, make sure they disclose if they use synthetic performers.
Focus on Real Stories: Use real customer testimonials. According to recent studies, 92% of consumers trust organic, user-generated content more than traditional ads.
Stay Local: Use Local SEO strategies to ensure your real, human presence is felt in your community.
People Also Ask (FAQs)
What happens if I don't disclose an AI human in my ad? If your ad is seen in New York after June 2026, you could face legal action or fines. It is considered a deceptive trade practice. Being honest with your audience is always the safer and more profitable path.
Does this law apply to AI voiceovers? The current New York law focuses on "synthetic performers" who appear to be humans in a performance. However, transparency is a best practice. If a voice sounds real but is AI, adding a small note helps maintain trust.
How do I disclose a synthetic performer? You should include a clear and conspicuous notice. For video, this usually means text on the screen that stays long enough for a person to read, such as "This video features a computer-generated performer."
Will this hurt my sales? Actually, transparency can help! When people feel a brand is being honest with them, they are more likely to stay loyal. You can learn more about building this bond in our guide on Brand Voice Strategy.
Step Into the Future with Confidence
The world of marketing is changing fast, but change brings opportunity. You don't have to be afraid of new laws or AI updates. By being transparent and focusing on high-quality, action-driven content, you can turn these new rules into your greatest competitive advantage. Your customers want to know who you are and what you stand for. Give them the truth, and they will give you their "YES."
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