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Bill

A 5089

"AI Image Disclosure Act"; concerns disclosure of certain AI-generated content.

2026-2027 Regular Session

New Jersey requires clear manifest and latent disclosures for AI-generated content, labels on platforms, and penalties for noncompliance to ensure AI provenance is transparent.

Introduced, Referred to Assembly Science, Innovation and Technology Committee
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WeVote Research Nonpartisan
Bill Summary · A 5089

Overview

A 5089, the AI Image Disclosure Act, is New Jersey legislation aimed at increasing transparency around content created or altered by generative artificial intelligence (GenAI). The bill imposes disclosure requirements on covered providers and licensing arrangements, sets labeling requirements for social media platforms, and establishes penalties for noncompliance. It would take effect February 1 of the year after enactment, with some licensing provisions applying to agreements entered into on or after that date.

Main purpose and intent

  • Ensure that AI-generated or AI-altered images, videos, or audio are clearly identified to viewers.
  • Promote transparency about the origin and technical details of AI-created content.
  • Prevent manipulation or obscuring of AI provenance, and protect user-facing disclosures across platforms and licensing relationships.
  • Create enforcement mechanisms and penalties to deter noncompliance.

Key provisions and changes

  • Definitions:
    • AI-generated content: content created or altered by a GenAI system.
    • Covered provider: entities that create or license GenAI systems accessible in New Jersey (excluding purely non-user-generated gaming/series content).
    • Covered social media company: platforms with at least five million global account holders.
    • Latent disclosure: non-visible data embedded in content that includes provider name, GenAI system name/version, creation/alteration date, and is accessible and standards-compliant.
    • Manifest disclosure: visible, permanent or hard-to-remove notice identifying AI-generated content.
  • Content disclosures (Section 3):
    • Manifest disclosures must be clear, medium-appropriate, and permanent or nearly permanent.
    • Latent disclosures must be embedded in content, including provider name, GenAI system details, timestamp; must be permanent and easily accessible via provider websites or tools.
    • Licensing requirements: providers must ensure licensees maintain latent disclosure capability; licensees cannot disable latent disclosures. If a licensee blocks latent disclosures, the provider must revoke the license within 96 hours, and the licensee must stop using the GenAI system immediately.
    • Optional user data: providers may offer users the option to include personal data in the latent disclosure only with explicit informed consent, noting the data would be permanently accessible and non-retractable.
  • Penalties (Section 3, subsection e):
    • Civil penalty of $5,000 per violation for covered providers.
    • AG can seek injunctive relief against licensees; daily violations count separately; prevailing plaintiffs recover costs and fees.
  • Prohibited tools (Section 4):
    • Unlawful to offer tools designed to remove latent disclosures or add latent disclosures to content not created/altered by GenAI.
    • Civil penalty of $5,000 per violation.
  • Social media provenance (Section 5):
    • Platforms must label content with machine-readable provenance data indicating AI origin.
    • Platforms may not delete provenance data or retain personal data obtained through provenance data.
    • Civil penalties of $5,000 per violation for noncompliance.
  • Administration and effective date (Sections 6–7):
    • AG can adopt rules to implement the act.
    • Effective date set; Section 3 licensing provisions apply to agreements entered into after the effective date.

Who would be affected

  • Covered providers that develop or license GenAI systems used within New Jersey.
  • Licensees who license GenAI systems from covered providers.
  • Covered social media companies operating platforms with at least five million users.
  • Content creators and publishers distributing AI-generated content in-state.
  • Consumers/viewers of AI-generated content, who would encounter manifest and latent disclosures.

Procedural and timeline notes

  • The act would take effect on February 1 of the calendar year following enactment.
  • Licensing-related provisions apply to agreements entered into on or after the effective date.
  • The Attorney General enforces penalties and may seek injunctive relief; penalties are aligned with the state’s Penalty Enforcement Law.

This summary highlights the bill’s core aims, disclosure mechanisms, enforcement tools, and who is impacted, providing a clear basis for evaluating its potential effects on AI-enabled content and online platforms in New Jersey.

Compiled from official sources — confirm details with the bill’s official record.

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