§ 396-B — Advertisements

* § 396-b. Advertisements. Any person, firm, corporation or\nassociation, or agent or employee thereof, hereinafter called person,\nwho, being engaged in the business of dealing in any property, makes,\npublishes, disseminates, circulates or places before the public or\ncauses, directly or indirectly, to be made, published, disseminated,\ncirculated or placed before the public, in this state, any advertisement\nrespecting any such property, in any newspaper, magazine, or other\npublication, or over any radio station or television station, unless it\nis stated in any such advertisement that the advertiser is a dealer in\nsuch property or from the context of any such advertisement, it plainly\nappears that such person is a dealer in such property so offered for\nsale in any such advertisement; or when placing or causing any such\nadvertisement to appear in any newspaper, magazine or other publication\nor radio or television station as described in this section, if\nrequested by the publisher of any such newspaper, magazine or other\npublication or owner or operator of such radio or television station or\nany agent or representative thereof to file with such owner or operator,\npublisher, agent or representative thereof his true name, or where he is\ntransacting business under a name other than the true name pursuant to\nlaw, then the name under which such business is transacted, and each\nbusiness address wherein any business is transacted by him, in the class\nof property advertised or to be advertised for sale in such\nadvertisement, shall make any false statement in relation to any of such\nitems; or if requested by the publisher of any such newspaper, magazine\nor other publication or owner or operator of such radio or television\nstation or any agent or representative thereof to file with such owner,\noperator, publisher, agent or representative thereof a statement showing\nwhether he is causing such advertisement to appear or is offering to\nmake such sale or disposition or transaction, as herein set forth, as\nprincipal or agent, and if as agent, to set forth such information as is\nspecified in this section, in relation to his principal as well as in\nrelation to himself, shall make any false statement in relation to any\nof such items; is guilty of a misdemeanor.\n * NB Effective until June 9, 2026\n * § 396-b. Advertisements. 1. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Artificial intelligence", "artificial intelligence technology",\nor "AI" means a machine-based system that can, for a given set of\nhuman-defined objectives, make predictions, recommendations, or\ndecisions influencing real or virtual environments, and that uses\nmachine- and human-based inputs to perceive real and virtual\nenvironments, abstract such perceptions into models through analysis in\nan automated manner, and use model inference to formulate options for\ninformation or action. This definition includes but is not limited to\nsystems that use machine learning, large language model, natural\nlanguage processing, and computer vision technologies, including\ngenerative artificial intelligence.\n (b) "Generative artificial intelligence" means a class of artificial\nintelligence models that are self-supervised and emulate the structure\nand characteristics of input data to generate derived synthetic content,\nincluding, but not limited to, images, videos, audio, text, and other\ndigital content.\n (c) "Synthetic performer" means a digitally created asset created,\nreproduced, or modified by computer, using generative artificial\nintelligence or a software algorithm, that is intended to create the\nimpression that the asset is engaging in an audiovisual and/or visual\nperformance of a human performer who is not recognizable as any\nidentifiable natural performer.\n 2. Any person, firm, corporation or association, or agent or employee\nthereof, hereinafter called person, who, being engaged in the business\nof dealing in any property, makes, publishes, disseminates, circulates\nor places before the public or causes, directly or indirectly, to be\nmade, published, disseminated, circulated or placed before the public,\nin this state, any advertisement respecting any such property, in any\nnewspaper, magazine, or other publication, or over any radio station or\ntelevision station, unless it is stated in any such advertisement that\nthe advertiser is a dealer in such property or from the context of any\nsuch advertisement, it plainly appears that such person is a dealer in\nsuch property so offered for sale in any such advertisement; or when\nplacing or causing any such advertisement to appear in any newspaper,\nmagazine or other publication or radio or television station as\ndescribed in this section, if requested by the publisher of any such\nnewspaper, magazine or other publication or owner or operator of such\nradio or television station or any agent or representative thereof to\nfile with such owner or operator, publisher, agent or representative\nthereof such person's true name, or where such person is transacting\nbusiness under a name other than the true name pursuant to law, then the\nname under which such business is transacted, and each business address\nwherein any business is transacted by such person, in the class of\nproperty advertised or to be advertised for sale in such advertisement,\nshall make any false statement in relation to any of such items; or if\nrequested by the publisher of any such newspaper, magazine or other\npublication or owner or operator of such radio or television station or\nany agent or representative thereof to file with such owner, operator,\npublisher, agent or representative thereof a statement showing whether\nsuch person is causing such advertisement to appear or is offering to\nmake such sale or disposition or transaction, as herein set forth, as\nprincipal or agent, and if as agent, to set forth such information as is\nspecified in this section, in relation to such person's principal as\nwell as in relation to such person, shall make any false statement in\nrelation to any of such items; is guilty of a misdemeanor.\n 3. Any person engaged in the business of dealing in any property or\nservice who for any commercial purpose produces or creates an\nadvertisement respecting any such property or service, in any medium or\nmedia in which such advertisement appears, shall conspicuously disclose\nin such advertisement that a synthetic performer is in such\nadvertisement, where such person has actual knowledge. A violation of\nthis subdivision shall result in a civil penalty of one thousand dollars\nfor a first violation, and five thousand dollars for any subsequent\nviolation.\n 4. This section shall not apply to advertisements and promotional\nmaterials for expressive works, including but not limited to, motion\npictures, television programs, streaming content, documentaries, video\ngames, or other similar audiovisual works, provided that the use of a\nsynthetic performer in the advertisement or promotional material is\nconsistent with its use in the expressive work.\n 5. Nothing in this section shall limit, reduce, or enlarge any rights\nany person may have under section fifty, fifty-f, or fifty-one of the\ncivil rights law or under any other law.\n 6. Nothing in this section shall be construed to limit, or to enlarge,\nthe protections that 47 U.S.C. section 230 confers on an interactive\ncomputer service for content provided by another information content\nprovider, as such terms are defined in 47 U.S.C. section 230.\n 7. This section shall not apply to advertisements and promotional\nmaterials in any of the following circumstances:\n (a) Audio advertisements; or\n (b) Where the use of artificial intelligence solely involves the\nlanguage translation of a human performer.\n 8. Nothing in this section shall apply to any medium used for\nadvertising, including, but not limited to, newspapers, magazines, and\ntelevision networks and stations, streaming services, cable television\nsystems, billboards, and transit advertisements, by whom any\nadvertisement or solicitation in violation of this section is published\nor disseminated.\n * NB Effective June 9, 2026\n