By Jonathan Baker Is it irony? A logical progression? Or both? As artificial intelligence (AI) accelerates, so too does the number of regulations surrounding the way this technology is applied. The reality of this situation became evident this week. Rewind to December 2025 Late last year, New York Governor Kathy Hochul signed two laws which mandated transparency and consent whenever AI was used in content creation for film, television, and advertising. Specifically, the first law demands full disclosure when AI-generated ‘synthetic performers’ (digital humans) are used in advertisements. The second law was created to protect the likenesses and voices of deceased individuals that are replicated by AI and used in any creative content, requiring consent from descendants and/or rights holders for commercial use. (This gives those parties greater control.) These laws officially went into effect this past Tuesday, June 9th. Certain exemptions apply for entertainment content and audio-only advertisements. Straight to the point: The advertising industry must be especially careful… Advertising and AI Advances Findings reported in EMARKETER conclude that 74 percent of advertisers and marketers in the United States use AI to enhance creative assets used in branding materials. Another 38 percent create assets from scratch with the technology. Contributing to this increased application of AI are well-known tech giants like Meta, Google, and Amazon. These companies are forever innovating with rollouts of AI tools to accelerate all manner of content creation, ranging from image-to-video generation to agents geared to automating campaign production. This timing makes things complicated… A Discipline Test Advertisers and marketers are facing a true test of discipline. They have so many AI-powered tools at their fingertips to create branding assets with ‘the sky’s the limit’ quickness and efficiency. With the new laws in place, however, they must avoid becoming so ‘AI happy’ that they risk legal trouble if they fail to comply. Extra effort and attention will need to be paid to building disclosure, consent, and checking rights management in workflows before any AI-generated or modified content involving manufactured or deceased persons is released to the public. And similar laws are beginning to surface across markets… AI Regulation is Spreading As of the first quarter in 2026, over 250 bills related to AI regulation were proposed throughout the United States. The EU AI Act, first introduced in 2024, is expected to take effect at the beginning of August. Enacted by the European Union, this legislation regulates development, deployment, and use of AI. China, meanwhile, is heavily overseeing content, algorithms, and data usage of AI-created synthetic media and digital likenesses. And additional laws associated with AI will increase… Takeaway As AI continues to become more sophisticated, legislation surrounding its proper usage will become even more complex. Advertisers and marketers will need to find safeguards to ensure that every ‘i’ is dotted and every ‘t’ crossed when operating within the legal framework governing the use of artificial intelligence. Concerned about promoting your brand with effective, attention-grabbing content that is produced expertly but with care and responsibility? EGC Group can help.
