New York AI laws for political campaigns

Citation

N.Y. Election Law 14-106(5)

Enacted

April 20, 2024

Effective

April 20, 2024

When it applies

anytime (no pre-election window)

Media covered

any image, video, audio, text, or technological representation of speech or conduct created or modified by software, machine learning, AI or other technological means that looks or sounds indistinguishable from reality to a reasonable person and depicts a scenario that did not occur or was significantly altered

Who it covers

any person, firm, association, corporation, campaign, committee, or organization that distributes or publishes a political communication

Rule

disclosure required

Intent required

actual knowledge that the media is materially deceptive (the injunction remedy reaches those who knew or should have known)

Disclaimer format

Visual media: printed or typed in a legible font easily readable by the average viewer, no smaller than other text in the media, in the same language as the communication. Audio (the statute names radio and automated telephone calls): clearly spoken at the beginning and the end, and if longer than two minutes, interspersed at intervals of no more than two minutes, in the same language and at a pitch the average listener can easily hear.

Exemptions

• satire or parody
• bona fide news reporting that clearly acknowledges questions about authenticity
• radio, TV, cable, satellite and streaming outlets paid to carry the ad, if they have consistent disclaimer requirements and gave them to the buyer
• initial dissemination by a platform, website, newspaper or magazine of content provided by another information content provider

Who can sue

A candidate whose voice or likeness appears may seek injunctive relief plus reasonable court costs and attorney fees against anyone who disseminated it without consent and knew or should have known it was materially deceptive. The action is filed by order to show cause in supreme court, gets automatic calendar preference and expedited proceedings; preliminary relief is granted if the plaintiff is more likely than not to succeed and a remedy can be implemented before the election; the plaintiff must prove use of materially deceptive media by clear and convincing evidence.

Injunction available

Yes

Notes

Wording confirmed against the current statute text (FindLaw copy of Election Law 14-106, updated January 1, 2026; the official NY Senate page blocks automated access). Subdivisions 6 and 7 preserve Section 230 protections and do not require entities to insert labels where inconsistent with federal law. One of the few state laws that names automated telephone calls in its audio disclosure rule.

Read the official text

Citation

N.Y. Election Law 14-106(5)(b)(ii)(2)

Enacted

April 20, 2024

Effective

April 20, 2024

When it applies

anytime

Media covered

auditory political communications, expressly including radio and automated telephone calls

Who it covers

any person, firm, association, corporation, campaign, committee, or organization distributing the political communication

Rule

disclosure required

Intent required

actual knowledge the media is materially deceptive

Disclaimer format

For auditory communications such as radio or automated telephone calls, clearly speak the statement at the beginning and end and, if longer than two minutes, at intervals of not more than two minutes, in the same language as the rest of the audio and at a pitch the average listener can easily hear.

Exemptions

• satire or parody
• bona fide news reporting that clearly acknowledges questions about authenticity
• paid broadcasters and streaming services with consistent disclaimer requirements given to the buyer
• initial dissemination by a platform of content provided by another information content provider

Who can sue

Depicted candidate may seek an injunction, costs and attorney fees

Injunction available

Yes

Read the official text

Citation

N.Y. Election Law 14-106(2)

When it applies

anytime

Media covered

political communications by political committees, including automated telephone calls

Who it covers

political committees that make an expenditure for a political communication

Rule

disclosure required

Disclaimer format

For communications that are not visual, such as radio or automated telephone calls, clearly speaking the statement satisfies the requirement.

Exemptions

• promotional items of nominal value
• small digital ads that link to a page with the statement

Notes

Subdivision 1 also requires committees to file copies of scripts and of messages sent by electronic means to 500 or more people with post-election statements.

Read the official text

Citation

N.Y. General Business Law 399-p

When it applies

anytime

Media covered

calls placed with automatic dialing-announcing devices (prerecorded or synthesized messages)

Who it covers

callers using automatic dialing-announcing devices

Rule

disclosure required

Disclaimer format

State the nature of the call and the name of the person on whose behalf the message is sent at the beginning, and the address and telephone number at the end; disconnect when the call ends; no calls to emergency lines, hospitals or nursing homes; no caller ID blocking.

Exemptions

• government emergency and warning systems

Civil penalty

Civil penalties up to $2,000 per call (cap $20,000 within 72 hours); consumers may recover actual damages or $50, trebled up to $1,000 for willful violations

Who can sue

Call recipients may sue for actual damages or $50, whichever is greater

Notes

Subdivision 3 (identification at the start and address and phone number at the end, disconnect on hang-up) applies whenever calls are placed through an automatic dialing-announcing device, and 'person' includes not-for-profit organizations, so on its face it reaches political prerecorded calls; the consumer-call definitions govern other parts of the section. Recipients of calls violating subdivisions 3, 4 or 5 may sue.

Read the official text