New York aims to become the first US state to require news organisations and media outlets to disclose AI-generated content to audiences via public disclaimers.
The disclosure requirement is the central provision of the NY FAIR News Act (New York Fundamental Artificial Intelligence Requirements in News Act), which has passed both chambers of the state legislature.
The bill has now been forwarded to state governor Kathy Hochul for her signature before becoming state law.
In practice, the NY FAIR News Act would require news organisations operating in New York to provide clear disclosures on articles, reports, videos and other content that has been generated “substantially or wholly” through the use of generative AI.
The legislation passed with bipartisan support, with lawmakers arguing that greater transparency is needed as artificial intelligence becomes increasingly integrated into news production.
The disclosure requirement would apply to a broad range of news media entities, including newspapers, digital news publishers, broadcasters, radio stations, wire services and other organisations engaged in professional journalism.
AI-generated content refers to material that has been substantially authored, created or produced through generative AI systems, including written news articles, scripts, images, audio content and video productions.
Under the legislation: “Publishers must provide a clear and conspicuous disclosure to consumers whenever news content has been substantially or entirely generated using generative AI.”
The measures were developed by New York Senator Patricia Fahy and Assemblymember Nily Rozic, with support from a coalition of media organisations, labour unions and trade bodies representing journalists and newsroom workers.
AI disclosure a civic protection
The legislation has been endorsed by the Writers Guild of America East (WGAE), the NewsGuild of New York, SAG-AFTRA, the Directors Guild of America and the New York State AFL-CIO.
Supporting the bill, Fahy and Rozic highlighted the importance of New York becoming a state front-runner in establishing transparency standards for journalism amid the rapid disruption and distortion of AI technologies.
According to the lawmakers, 76% of Americans are concerned about AI stealing, reproducing or mimicking journalism and local news content.
“Perhaps one of the industries at most risk from the use of artificial intelligence is journalism, and as a result, the public’s trust and confidence in accurate news reporting,” said Fahy.
“AI is reshaping our economy at a pace faster than the Industrial Revolution. To protect the public’s trust in reporting at a time when trust in media and reporting is at an all-time low due to attacks on the press, I’m proud that we were able to pass my NY FAIR News Act with Assemblymember Rozic to break the national mold on this issue, and I look forward to working with my colleagues in the State Senate to continue enacting common sense guidelines that protect New Yorkers from the unintended consequences of AI.”
Supporters of the legislation argue that the US media sector faces growing challenges in maintaining public trust and combating concerns over AI-generated news and misinformation.
Trade organisations including the WGAE and the NewsGuild of New York have also backed the bill as a workforce protection measure, arguing that journalism should remain centred on human reporting, editorial judgement and accountability.
New York is home to an estimated 875 media production and publishing organisations, alongside more than 200 newspapers and approximately 350 consumer magazines. Amongst its economy, New York hosts some of the world’s largest media groups, including The New York Times Company, News Corp, Fox Corporation and Bloomberg International.
Importantly, the legislation does not restrict how newsrooms use AI as a technology or workplace tool. No disclosure would be required where AI is used for research, copy editing, transcription, translation or other support functions that do not substantially generate the published journalism itself.
“The passage of the NY FAIR News Act is a major victory for journalism and for the communities that depend on trusted news,” said Rozic.
“As artificial intelligence continues to reshape how news is produced and distributed, we have a responsibility to ensure transparency, protect workers and preserve the value of original reporting. I am proud to have partnered with Senator Fahy to advance this effort and strengthen protections for both journalists and consumers.”
