California Targets Undisclosed Synthetic Performers
Senate Bill 1050 (Ashby), enacted on September 16, 2026, adds Section 17610 to the California Business and Professions Code. The legislation responds to concerns that realistic AI-generated performances in commercial advertising may mislead consumers about whether a human performer appears in or voices an advertisement. The law does not generally prohibit synthetic content; it requires disclosure in commercial advertising contexts.
Which Advertisements and Performers Are Covered?
The statute covers advertisements for goods or services disseminated in California, including audio, video, audiovisual, and digital communications distributed through online platforms. A “synthetic performer” is a digital figure, voice, or representation created—in whole or in part—using generative AI that creates the realistic impression of a human audio, audiovisual, or visual performance, but is not recognizable as an identifiable natural person. Identifiable natural persons are separately protected under California’s right of publicity laws.
Section 17610 requires disclosure when the synthetic performer appears “prominently.” The statute defines a prominent performance as one that (1) appears in the foreground demonstrating or illustrating a product or service; (2) provides narration or the commercial message; or (3) illustrates or reacts to any narration or message.
What Must the Disclosure Say?
Published advertisements falling within Section 17610 will require a “clear and conspicuous disclosure.” A clear and conspicuous disclosure must meet two requirements: it must (1) be difficult to miss and easily understandable, in a format that a reasonable consumer would notice, read, and comprehend in context, and (2) use wording substantially similar to “this performance features a synthetic performer” or “no human performer is depicted.”
The law does not prescribe specific placement, duration, or formatting requirements for disclosures. Pending further legal guidance, advertisers should ensure that disclosures are readily noticeable, legible, and understandable across all distribution channels. Advertisers should also incorporate one of the statute’s expressly identified disclosures into covered advertisements to minimize uncertainty regarding compliance with statutory wording requirement.
Exceptions and Limits
The disclosure requirement does not apply to advertisements for expressive works, such as films, television programs, streaming content, documentaries, or video games. However, promotional material for such expressive works must be consistent with the synthetic performer’s use in the underlying work.
The law also does not apply when generative AI is used solely to translate a human performer’s language or provide other accessibility features. These exceptions should be assessed against the particular advertisement rather than assumed to exempt an entire campaign.
Enforcement and Advertising-Medium Obligations
Section 17610 does not expressly establish a new, stand-alone private cause of action or private damages remedy, but instead preserves rights and remedies available under existing law. A violation of Section 17610 constitutes a violation of California’s false advertising law (Section 17500) and may be enforced under California’s existing unfair competition framework (beginning at Section 17200), potentially exposing violators to applicable civil and criminal penalties and equitable remedies.
The statute separately addresses requirements for an “advertising medium”—broadcasters, online platforms, streaming services, advertising networks, and publishers capable of removing or stopping an advertisement. If a court issues an order finding a violation or enjoining publication, and the disseminating medium is served with that order and information reasonably sufficient to identify the advertisement, the medium must, as soon as commercially reasonable and technically feasible, stop dissemination or disable access in California and cease accepting payment for further dissemination. This obligation is triggered by a court order, not a general statutory duty to pre-screen every advertisement.
Practical Steps for Advertisers and Platforms
- Inventory current and planned campaigns for realistic, AI-generated human performances, including voiceovers and digital spokespersons.
- Build a disclosure review into creative approvals and vendor agreements, and retain documentation of the AI tools used, disclosure decisions, and final creative assets, including whether AI-generated performances are recognizable as identifiable persons.
- Test whether disclosures remain clear and conspicuous in each distribution format, particularly short-form, mobile, streaming, and audio placements.
- Evaluate exceptions on a campaign-by-campaign basis, including whether any AI usage falls within an explicit exception.
- For advertising media, establish a process to receive, verify, route, and implement qualifying court orders, including procedures to identify content and stop further paid distribution in California.
With the law scheduled to take effect January 1, 2027, companies should use the next few months to assess their advertising workflows and allocate responsibility among brands, agencies, production vendors, and distribution partners.
How We Can Help
Our lawyers can assist in evaluating advertising campaigns under Section 17610, developing best practices for AI content disclosures and vendor-review processes, and responding to regulatory inquiries or litigation involving AI-generated commercial content.
Morgan Lewis is closely tracking the legal, regulatory, and practical issues surrounding the use of AI. Our cross-practice AI team includes lawyers across disciplines—including technology, data privacy and cybersecurity, litigation, labor and employment, intellectual property, corporate transactions, regulatory matters, and other areas—to help clients address AI governance, adoption, risk management, and compliance.
