False advertising: synthetic performers.

A new definition of 'prominently' was added with three specific criteria: (A) the synthetic performer is in the foreground demonstrating or illustrating the product or service, (B) providing or voicing the narration or commercial message, or (C) illustrating or reacting to the narration or commercial message. This narrows when the disclosure requirement is triggered by specifying what counts as a 'prominent' inclusion.

The exemption for language translation was expanded from covering only 'the language translation of a human performer' to also cover 'other accessibility features.' This means advertisements where generative AI is used solely for accessibility purposes (such as sign language interpretation or audio descriptions) are now explicitly exempt from the disclosure requirement.

The entire conditional cross-reference to Senate Bill 1146 of the 2025-26 Regular Session and Section 651.4 was removed. This provision had created an exemption for advertisements covered by SB 1146's synthetic performer disclosure law, but only if that bill was enacted by January 1, 2027. Its removal eliminates the dependency on another bill and simplifies the statutory framework.

A coauthor (Senator Weber Pierson) was added to the bill header, and page numbers were corrected from 96 to 95 throughout the document.

Audio-only advertisements are now covered. The previous version explicitly excluded them from the definition of 'advertisement'; that exclusion has been removed, meaning ads using synthetic voices in audio-only formats now require disclosure.

The definition of 'synthetic performer' was narrowed to require creation using 'generative artificial intelligence' specifically, rather than the broader prior language covering 'artificial intelligence, machine learning, or computational techniques.' The qualifier 'human-like' was also removed from the definition.

The term 'synthetic digital performer' was changed to 'synthetic performer' throughout the bill, including in the required disclosure language.

Disclosure requirements were simplified. The previous version required the disclosure to (1) appear in close proximity to the synthetic performer, (2) be presented for a sufficient duration and manner for a reasonable consumer to understand, and (3) use specific wording. The new version only requires the specific wording ('this performance features a synthetic performer' or 'no human performer is depicted'), removing the proximity and duration rules.

Garbled drafting language in the synthetic performer definition was cleaned up (the old version had overlapping and contradictory phrasing). Section numbering was corrected to eliminate a duplicate subdivision number. A minor numbering error appears in the new version where the severability clause is labeled (g) instead of (h).

The core unlawful act in subdivision (b) was narrowed: it now applies only when an advertisement 'prominently includes' a synthetic performer, rather than any use or cause to be used of a synthetic performer. This significantly reduces the number of ads subject to the disclosure requirement.

A new subdivision (g) was added creating a cross-reference with SB 1146 of the 2025-26 Regular Session. If SB 1146 is enacted and effective by January 1, 2027, the disclosure requirement in subdivision (b) will not apply to persons who create ads subject to Section 651.4, but the advertising medium takedown obligation in subdivision (e) will still apply.

A new definition for 'generative artificial intelligence' was added: an AI system that can generate synthetic content (text, images, video, audio) emulating the structure and characteristics of its training data. This term is then incorporated into the 'synthetic performer' definition.

The 'synthetic performer' definition was revised to include 'generative artificial intelligence' as a creation method, change 'impression' to 'realistic impression,' add 'audio' to the types of performance covered, and remove the prior cross-reference to Section 3344 of the Civil Code.

The definition of 'advertisement' was expanded to include 'audio' alongside video and audiovisual messages, though the exclusion for audio-only advertisements was retained. The 'advertising medium' definition was also updated to reference 'audio or audiovisual advertisement.'

A new exclusion was added to the 'advertising medium' definition: it does not include a person or entity that is not capable of removing, disabling access to, or ceasing further dissemination of an advertisement. This exempts platforms without technical removal capability from the takedown obligations in subdivision (e).

The disclosure requirements in subdivision (c) appear to have been restructured, with a new introductory requirement added about using wording substantially similar to 'this performance features a synthetic performer' or 'no human performer is depicted,' alongside the existing proximity and duration requirements.

The definition of 'advertisement' was narrowed to cover only video or audiovisual content and now explicitly excludes audio-only advertisements, removing voice-only synthetic performer ads from the bill's reach.

A new exemption was added in subdivision (d)(5) for advertisements where AI is used solely for language translation of a human performer, meaning translated ads with synthetic voices do not trigger the disclosure requirement.

A new definition for 'advertising medium' was added, covering broadcast stations, cable operators, multichannel video programming distributors, online platforms, streaming services, digital advertising networks, publishers, and other entities that distribute audiovisual advertisements to consumers in California.

The definition of 'synthetic performer' was expanded to require that the content creates the impression of an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer, further narrowing what qualifies.

The unlawful act in subdivision (b) was reworded to focus on a person creating and causing to be published in an advertising medium an advertisement that includes a synthetic performer without disclosure, shifting emphasis toward the publishing step through a medium.

A new subdivision (e) requires advertising mediums to remove, disable access to, or cease dissemination of an advertisement containing a synthetic performer if a court has issued an order finding the ad violates the chapter or enjoining the creator, and the medium is served with that order. The medium must also cease accepting payment for further dissemination.