Relates to privacy rights involving digitization; provides that such right of privacy and action for injunction and damages shall include a portrait, picture, likeness or voice created or altered by digitization.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3924 Revised 4/29/2025
SPONSOR: Bores TITLE OF BILL:
An act to amend the civil rights law, in relation to privacy rights
involving digitization
PURPOSE OR GENERAL IDEA OF BILL:
To provide a legal remedy for individuals whose name, portrait, picture,
likeness, or voice is digitally created or altered and used for adver-
tising purposes without authorization.
SUMMARY OF PROVISIONS:
Section one: Amends the Civil Rights Law to update the right to privacy
to include digitally altered media
Section two: Amends the Civil Rights Law to create a cause of action for
injunction and damages
Section three: Establishes the effective date
JUSTIFICATION:
This bill extends the same protection of image and likeness that exists
already in law to cover Al-generated copies of someone's image or voice.
As digital manipulation of photos, videos, voices, and other forms of
media becomes increasingly sophisticated, it is essential to safeguard
individuals' right to privacy in the face of new and emerging technolo-
gies. By extending the right to privacy to include these technologies,
the bill ensures that individuals have legal recourse against digital
manipulations that infringe upon their personal dignity and reputation.
Development of Al tools has continued at a staggering rate, and things
that were impossible just a few years ago are routine for the current
generation of Al tools. In recent months, a number of high-profile
people have seen their voices abused to perpetuate scams, defame others,
or simply to speak in ways the real person would not. We recognize the
right to image and likeness with broad protections in New York, but the
law as written is simply behind the times. By failing to account for
emerging technologies, New York State is doing a disservice to every-
one's reasonable expectation of privacy and dignity.
The bill also creates a cause of action for anyone whose privacy rights
are violated through the unauthorized use of altered or Al-generated
content. This will allow individuals to seek an injunction or claim
damages in cases where their likeness, voice, or name is misused in
advertising. The bill not only empowers individuals to protect their
privacy but also sets a clear standard for legal accountability in an
era where digital media manipulation is increasingly prevalent.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
