California SB 1050: does an AI avatar count as synthetic?
SB 1050 requires a clear and conspicuous disclosure for ads that prominently include a synthetic performer. Read the definition next to avatar creation.
Possibly, if the avatar is made with generative AI, looks like a human performer, and is not recognizable as an identifiable real person. SB 1050 defines a "synthetic performer" as a digital figure, voice, or representation created in whole or in part using generative AI that "creates the realistic impression" of a human performance by someone "not recognizable as any identifiable natural person." An ad that prominently includes one needs a clear and conspicuous disclosure.
This reads the chaptered text on the leginfo page and the Governor's release, both read 2026-10-01. It is not legal advice or a coverage ruling. Sume facts are from the avatar and avatar video docs.
What does SB 1050 require?
The bill was approved September 16, 2026 as Chapter 246. Section 17610(b) makes it unlawful to create and cause to be published in an advertising medium an ad that prominently includes a synthetic performer without a clear and conspicuous disclosure. Subdivision (c) says the wording shall be substantially similar to "this performance features a synthetic performer" or "no human performer is depicted."
| Term | What the text says |
|---|---|
| Prominently | Foreground and demonstrating the product, giving the narration or message, or reacting to it |
| Synthetic performer | Generative-AI figure, voice or representation of a human performer not recognizable as an identifiable natural person |
| Exclusions in (d) | Does not apply to ads for expressive works where the use is consistent with the work, or to AI use solely for translation or accessibility features |
Where do Sume avatars fit the definition?
The avatar docs list three ways to create one: Prompt ("describe the avatar you want"), Profile, and Image ("use a reference image"). The definition turns on whether the figure is recognizable as an identifiable natural person, so an avatar built from a reference image of a real person needs separate thought from one described by prompt or traits.
Avatar video is "a script-driven talking video," so the avatar will typically voice the message, which is one of the three "prominently" tests.
How do I add a disclosure to an avatar video?
Optional captions on the talking-video request burn text into the clean final MP4. The captions use the spoken script, so to show the statutory-style wording you would add it to the visible text yourself, for example through authored cues on the standalone captions route. The next post covers the definition of clear and conspicuous.
What should I confirm with counsel?
Whether your ad is covered, whether an exclusion applies, and who counts as the advertising medium. The text excludes from "advertising medium" any entity not capable of removing or disabling an ad. Sume's docs do not describe SB 1050 handling, so nothing here claims the platform does it for you.
Sources
Related posts
More in Use cases
- Captions AI avatar looks vs one Sume avatar handle per look
Captions added Avatar Looks to save new looks per avatar. On Sume you create one avatar handle per look from a prompt, a profile or a reference image.
- Multilingual video captions: language is a hint, not a font
On Sume video captions, `language` only tells speech-to-text what to expect. Look and font come from `style`, `design` and `font`, never from the language.
- Coupang main image: white background, square, 95% fill
Coupang's main image should be square on white with the item near 95% of the frame. Request aspect_ratio 1:1 from Sume and check the fill yourself.
- ElevenLabs agent hold audio: 180 s, 40 MB; make it with Sume
ElevenLabs agent hold audio must be MP3 or WAV, up to 40 MB and 180 seconds. Steer a Sume track's length in the prompt, trim with Timeline audio, export mp3.
Written by Sume