Pennsylvania recently joined the group of states regulating AI in advertising when Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act (SB 806) into law. The law takes effect December 21, 2026, so companies have less than two months to prepare.<\/p>\n
Here\u2019s an overview of what the law requires and how it can be enforced:<\/p>\n
Trigger: An advertiser may not run an ad that uses \u200b\u201csynthetic content\u201d in a way that creates a false consumer perception about the nature, origin, or authenticity of what is being sold, unless the ad carries a clear and conspicuous disclosure. \u200b\u201cSynthetic content\u201d means any image, video, audio, or text that AI has significantly modified or generated.\u00a0Who is covered: The law applies to advertisers who create and disseminate the ad or cause it to be created and disseminated. Earlier drafts limited the law to knowing, reckless, or willful conduct, but that language was removed.\u00a0Wording:\u00a0The disclosure must convey that the ad \u200b\u201ccontains content that was modified or generated using artificial intelligence,\u201d but the law does not require specific words.Format: The disclosure must be easy to notice and understand, given its size, contrast, duration, and volume, and it must be in the consumer\u2019s language. It must appear the first time the content is shown and in the same medium as the content. Where technically feasible, it must also be permanent or extremely hard to remove.\u00a0Exceptions: The law does not apply to content that is evidently fictional; to parody, satire, commentary, or criticism; or to text-only content.\u00a0Enforcement: The Attorney General or a district attorney can seek an injunction or sue. Courts may award damages, a fine of up to $3,000, and attorney fees and costs. There is no private right of action.\u00a0<\/p>\n
Unlike the California and New York laws we\u2019ve posted<\/a> about\u2014which focus on synthetic performers and appear designed to protect actors and models\u2014the Pennsylvania law seems to have more of a consumer protection angle. (See this press release<\/a> from the bill\u2019s sponsor, for example.)<\/p>\n What now? Companies will need to decide when to include a disclosure. Based on a strict reading of the law, a disclosure shouldn\u2019t be required if the use of AI doesn\u2019t create a false consumer perception about the nature, origin, or authenticity of what is being sold. We don\u2019t yet know how regulators will enforce that, though, so some companies may decide to take a conservative approach and include a disclosure. One thing is for certain: we\u2019re likely to see more of these laws.<\/p>\n","protected":false},"excerpt":{"rendered":"Pennsylvania recently joined the group of states regulating AI in advertising when Governor Josh Shapiro signed the Artificial…\n","protected":false},"author":2,"featured_media":316196,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[128907,2272,111165,128909,5939,10222,4752,28,30,29,13336,128908],"class_list":["post-316195","post","type-post","status-publish","format-standard","has-post-thumbnail","category-pennsylvania","tag-advertising-law","tag-business-law","tag-data-privacy","tag-employment-law","tag-environmental-law","tag-international-trade","tag-litigation","tag-pennsylvania","tag-pennsylvania-headlines","tag-pennsylvania-news","tag-regulatory-compliance","tag-trade-law"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/316195","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=316195"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/316195\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/316196"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=316195"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=316195"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=316195"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}