(The Center Square) – A bill that would make it illegal to make stealthy use of artificial intelligence to create misleading advertising has passed the General Assembly and is awaiting the signature of Gov. Josh Shapiro.
The state already has laws about unfair advertising on the books, said prime sponsor Sen. Nick Pisciottano, an Allegheny County Democrat. The new law will be an extension of that concept, tailored to the developing new burst of technology that is AI.
Pisciottano said in an interview the governor planned to sign the bill.
It requires “clear and conspicuous disclosure” to be made in advertising in which AI-generated content is used “in a manner that creates a false consumer perception about the nature, origin, or authenticity of the goods or services being advertised.”
Pisciottano said the bill’s structure does not place the onus on a small business to insert AI disclosures in digital advertising purchased from a tech company. Rather, Pisciottano said, “It is the responsibility of the tech company to add these disclosures.”
A violation could result in a civil fine of up to $3,000. Pisciottano said the figure came about in consultation with the office of Attorney General Dave Sunday, whose staff believed it was in line with existing consumer protection penalties.
A legislative analysis said it was unclear how much revenue the bill might generate because the number of potential violations was unknown.
However, the attorney general’s office indicated enforcement would require the hiring of a deputy attorney general, a technologist, and an administrative assistant, according to the analysis. The cost to the state during a full year would be $498,000.
The bill took 16 months to wind its way through the Legislature.
It was introduced in early June, 2025. The final vote took place late Wednesday afternoon.
In the that 163-40 House vote, 60 Republicans joined all 103 Democrats in sending the bill to the governor. Among those voting “no” was Blair County Republican Rep. Scott Barger, who in an interview cited several reasons.
One was what Barger called “vague” language in the bill.
A central phrase in it is “synthetic content.” The definition of that is “Information, including an image, video, audio clip or text, that has been significantly modified or generated by artificial intelligence.” Barger asked, “What does it mean to be ‘significantly modified,’ for example?”
He also wondered why the words “knowingly, recklessly, or willfully” were deleted from an earlier version of the bill.
Members of the House and Senate will not return to Harrisburg until Oct. 19, when they hold the first of the five remaining, scheduled session days in the 2025-26 session.
