What's happening
This bill requires AI system operators to prevent unauthorized realistic depictions of public officials upon request, with penalties for noncompliance.
Why it matters
Empowers public officials and candidates to control their AI-generated likenesses. By allowing them to request removal and prevention of realistic depictions, the bill gives these individuals a direct tool to protect their image and reputation from misuse or misrepresentation in AI-generated media.
Creates new compliance obligations for AI system operators. Owners and operators of visual or audio generative AI accessible in New York must implement and maintain industry-standard, cost-effective, and up-to-date methods for blocking unauthorized depictions—adding technical and administrative overhead for companies deploying such technology.
Balances enforcement with practical limitations. The law establishes monetary penalties for noncompliance (up to $100,000 per covered person) but also limits liability if operators have taken reasonable, industry-standard steps—even if some depictions slip through, or if they occur in unforeseeable ways.
Clarifies scope and exceptions. The regulation applies only to AI systems directly generating content, not to third parties who merely process outputs without controlling the underlying AI, and it allows for reasonable exceptions (such as authorized use by the officials themselves or their agents).
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Who cares
Public officials and candidates for public office
They could notify covered AI systems to block unauthorized realistic depictions of themselves and seek $100 per depiction, up to $100,000 total, if operators fail to implement reasonable protections within 60 days.
Owners, licensees and operators of visual or audio generative AI systems
Those whose systems are accessible to New York residents would have to provide accessible notice procedures, timely request updates and reasonable methods to prevent unauthorized depictions after notice.
Campaign staff and public officials’ representatives
They could submit notices at an official’s or candidate’s direction, and system operators could establish reasonable safeguards allowing them to generate authorized depictions.
Headline styles
Limit AI Images of Politicians
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
235
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. VANEL -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to unauthorized depictions of public officials generated by artificial intelligence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 390-f to read as follows:
§ 390-f. Unauthorized depictions of public officials generated by artificial intelligence. 1. As used in this section, the following terms shall have the following meanings:
(a) "Visual or audio generative artificial intelligence system" or "covered system" shall mean any artificial intelligence system that is accessible to New York residents whose primary function is to generate visual or auditory media.
(b) "Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language models, natural language processing, and computer vision technologies, including generative artificial intelligence.
(c) "Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01919-01-5
2. The owner, licensee or operator of a visual or audio generative artificial intelligence system shall implement a reasonable method to prohibit its users from creating unauthorized realistic depictions of a covered person within sixty days of being notified by such covered person that such covered person does not want a realistic depiction of themselves to be generated by the owner, licensee or operator's system. An implemented method to prevent the unauthorized creation of realistic depictions of a covered person shall be considered reasonable when the owner, licensee or operator of the covered system has implemented a method that, in relation to the method of user inputs used by the covered system, is consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and is up to date.
3. The owner, licensee or operator of a covered system shall implement a reasonable method for covered persons to send notice to them under this section provided that such method is easy to access, understand, complete and send and that such method provides clear updates to the sender on the status of their request in a timely manner. The owner, licensee or operator of a covered system may request a reasonable means of identification to process such requests.
4. Nothing in this section shall prohibit the owner, licensee or operator of a covered system from implementing reasonable safeguards to permit the covered person, their agent, employee or representative to use such covered system to generate realistic depictions of such covered person, provided however that such owner, licensee or operator of such covered system shall be liable in the same manner as if they had violated subdivision two of this section where such safeguards are not reasonable. A safeguard is considered reasonable for purposes of this subdivision where the owner, licensee or operator of a covered system implements measures that are consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and are up to date.
5. The owner, licensee or operator of a covered system shall be liable to a covered person in an amount of one hundred dollars per depiction, but not more than one hundred thousand dollars in the aggregate, generated on their system by a user other than the covered person or their agent, employee, representative, or another at the direction of them created outside of the period prescribed by this section where such owner, licensee or operator of such covered system fails to implement a reasonable method to prevent the unauthorized creation of realistic depictions of a covered person within the periods prescribed in this section. The owner, licensee or operator of a covered system shall not be liable to a covered person where such owner, licensee or operator is unable to prevent the unauthorized depictions of such covered person after implementing a reasonable method, nor shall they be liable for any unauthorized realistic depictions that are incidental or were created in an unforeseeable way.
6. This section shall not apply to the owner, licensee or operator of a visual or audio generative artificial intelligence system where the visual or audio outputs of the system are processed by a third party that has no ownership or control over the underlying generative model.
§ 2. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.