Law / United States / New York

Disclosure of materially deceptive AI-generated media in political communications

N.Y. Election Law § 14-106(5)

In force since .

An AI transparency rule binding public and private bodies.

Obligation class
Disclosure, Content labelling
Audit expectation
none
Setting the rule reaches
Elections

What it requires

  • Disclose, in the format this section specifies, when you distribute or publish a political communication produced by or including materially deceptive AI-generated or AI-altered media and you have actual knowledge that it is materially deceptive.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
NIST AI 600-1
OWASP Agentic Top 10
  • ASI09Human-Agent Trust Exploitation
MIT mitigations Draft
  • 2.4Content Safety Controls
  • 4.1System Documentation
  • 4.2Risk Disclosure
  • 4.6User Rights & Recourse
FINOS AIGF
ETSI EN 304 223
  • 5.1.3-2Threats developers cannot resolve are passed to operators and on to end-users.
  • 5.3.1-1Users told where and how their data is used, accessed and stored, with developers informing operators.
  • 5.3.1-2.1That guidance covers proper use, limits and likely failure modes.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

Section 14-126(4) makes it a misdemeanor to knowingly and willfully violate any provision of Article 14, which contains section 14-106; the text states no maximum sentence.

Who enforces it

Enforcement body

A candidate whose voice or likeness appears in the media, by an application for an order to show cause in the supreme court.

Settledness

As of
Open questions
  • Does the civil penalty in Election Law section 14-126(3) for knowingly failing to identify a political communication "as required in section 14-106" reach the manipulated-media disclosure in section 14-106(5)(b), or only the "Paid for by" statement in section 14-106(2)?
  • Does "fully or partially created or modified" in section 14-106(5)(a)(i) reach a communication that uses AI only to edit or enhance an authentic recording?
  • Does the exemption in section 14-106(5)(b)(iii)(3) for a broadcasting station or streaming service reach an online advertising platform that is neither?

What it makes you log

Logging duty

Subdivision 5 requires a person who distributes or publishes a political communication containing materially deceptive media, with actual knowledge of that fact, to disclose the manipulation in a specified format. It creates no duty to create, keep, or produce a log or record of the communication, the disclosure, or the actual-knowledge determination behind it.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

A person, firm, association, corporation, campaign, committee or organization that distributes or publishes a political communication produced by or including materially deceptive media, defined to include content created by software, machine learning, artificial intelligence or other computer-generated or technological means that is not distinguishable from reality to a reasonable person and depicts a scenario that did not occur, must disclose that use when it has actual knowledge the media is materially deceptive.

The disclosure must read "This (image, video, or audio) has been manipulated" in a specified legible format, subject to exemptions for satire, parody and bona fide news reporting. A depicted candidate may seek expedited injunctive relief, court costs and attorney's fees.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI, generates audio with AI or sends automated outreach.

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