On Thursday, Pennsylvania Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act into law, establishing requirements for transparency regarding artificially generated or significantly modified advertising content. The legislation applies to advertisements in all formats, including still images, video, audio, and text materials that have been substantially altered or created using artificial intelligence technology.
The law’s disclosure requirements extend to all types of advertisers, from large corporations with multi-billion-dollar budgets to small businesses such as restaurants promoting their offerings. Labels must be presented in the same format as the advertisement itself, ensuring visibility to consumers. Pennsylvania joins a limited number of states implementing such regulatory measures, and the disclosure requirements apply regardless of where advertisements originate, potentially affecting commercials broadcast in other states if they are intended for Pennsylvania audiences.
The legislation includes several provisions that create potential ambiguities in enforcement and application. The definition of “significantly modified” remains subjective, and the law contains exceptions for content classified as parody, satire, commentary, criticism, or material that is “evidently fictional.” Additionally, disclosure obligations appear limited to synthetic content that creates “false consumer perception” regarding products or services, though the determination of what constitutes a false perception and the authority responsible for making such determinations remains unclear.
The office of State Senator Nick Pisciottano, who introduced the legislation, did not provide immediate comment regarding the law’s implementation or interpretation of its provisions.
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