Summary#
Assembly Bill A.11683 would amend New York’s General Business Law and Election Law; it would not create a separate agency or program. Its stated goal, as reflected in the bill title, is to keep disclosures visible while synthetic performers or materially deceptive media appear in certain videos. The bill is introduced and is not law; if enacted, it would take effect 30 days later.
- Commercial advertisers who know an ad includes a synthetic performer would have to disclose that fact. In audiovisual ads, the notice must stay visible for as long as the performer is featured.
- The bill would broaden the definition of “synthetic performer” by removing the current exclusion for a digitally created performer who is recognizable as an identifiable person. The exception for digital replicas used with authorization from the rights holder or under law would remain.
- In covered video political communications, a disclosure that the media has been manipulated would have to stay visible for as long as the materially deceptive media is shown. Existing rules in the bill text require the notice to be legible and no smaller than other text in the visual media.
- The commercial-ad provision retains civil penalties of $1,000 for a first violation and $5,000 for later violations.
What it means for you#
- People who see commercial ads: If the advertiser has actual knowledge that an ad includes a synthetic performer, the disclosure must appear throughout the time the performer is featured. The bill does not require disclosure when the advertiser lacks actual knowledge.
- People who see video political communications: Where the Election Law disclosure rule applies, the notice must remain visible for the full time materially deceptive media is shown.
- Advertisers and people responsible for covered political communications: They would need to ensure the required notice remains visible for the specified portion of the video.
- Viewers and the public: The bill does not ban synthetic performers or materially deceptive media. It changes how long required disclosures must be shown.
Money#
No cost information is in the available material.
- The bill requires the disclosure duties described above, but gives no estimate of compliance or enforcement costs.
- The commercial-ad provision sets civil penalties of $1,000 for a first violation and $5,000 for a later violation. The materials do not say how many violations or penalties to expect.
What is unclear#
- The supplied material does not include the full current General Business Law or Election Law, so the bill’s changes could not be checked against all existing rules.
- The bill does not explain how “featured” will be applied to brief appearances or changing images.
- The supplied text does not include the full definition of “materially deceptive media” or explain which video political communications are covered.
- The bill does not specify in the provided text who determines or enforces violations, or what process applies.
- The bill would exempt authorized digital replicas, but the supplied text does not explain how authorization would be established.
Case for#
- A notice shown only briefly may be missed. Keeping it visible throughout the relevant part of a video could make the disclosure easier to see.
- Removing the exclusion for recognizable people could bring more synthetic performances within the disclosure rule, unless the use is authorized by the rights holder or law.
- The rule ties the notice to the time the relevant performer or media appears, rather than requiring it for the entire ad or communication.
Case against#
- A notice that must stay on screen could take up space or distract from the video, especially when the performer or deceptive media appears for a long time.
- The commercial-ad duty applies when the advertiser has actual knowledge. The bill does not explain how that knowledge would be assessed.
- The bill does not explain how key terms or enforcement procedures will work, leaving uncertainty for advertisers and people responsible for political videos.