AI Ad Disclosure Laws in 2026: What Brands Must Know
Through 2025–2026 a wave of law has begun governing how AI-generated people and synthetic media can be used in advertising. The rules cluster around two ideas: consent (you need permission to use a real person's AI likeness) and disclosure (in some contexts you must tell the audience that a depiction is synthetic). The exact obligations vary by state and by what's being shown.
Notable examples: New York's law addressing AI 'synthetic performers' and consent took effect in mid-2026; Tennessee's ELVIS Act protects voice and likeness from AI cloning; California has expanded transparency and likeness rules; and the EU AI Act adds transparency expectations for AI-generated content shown to consumers. The picture is a moving, state-by-state (and country-by-country) patchwork — not one single rule.
Brands don't need to track every statute to stay safe — they need a process that satisfies the common denominator: only feature people who have consented, license the likeness in writing, and keep the production auditable. Unreal's campaigns are built that way, which makes disclosure-and-consent compliance straightforward as the rules evolve. (General information, not legal advice — confirm specifics with your counsel.)
- Two themes dominate: consent to use a likeness, and disclosure of synthetic media.
- It's a state-by-state (and EU) patchwork — e.g., NY synthetic-performer rules, TN ELVIS Act, EU AI Act.
- Documented consent + written licensing is the reliable safe harbor.
- Unreal keeps every campaign consented, licensed, and auditable.
- Do I have to label an AI-generated ad?
- It depends on the jurisdiction and what's depicted — some laws require disclosure when synthetic media could mislead, especially involving a real person. Because requirements vary, the safe approach is consent + licensing plus disclosure where applicable. This isn't legal advice.
- Which laws apply to my campaign?
- It depends on where the ad runs and who's in it — U.S. rules are largely state-level (e.g., New York, Tennessee, California) and the EU AI Act applies in Europe. A consent-first, licensed production satisfies the common requirements across them.
- How does Unreal help with compliance?
- We only produce with real, consenting talent under a written license and keep an auditable approval trail, so your campaign rests on the consent foundation these laws require. Confirm specifics with your own legal counsel.
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