Puerto Rico Senate Bill 1385, introduced by Sen. Ángel Toledo-López, would require advertisers to disclose when artificial intelligence is used to create fictional human figures or digital replicas of real people in ads targeting consumers in Puerto Rico. Called the Synthetic Representations and Automated Interactions in Commerce Act, the measure would also require businesses to disclose generative AI use in certain consumer interactions, especially those involving financial, legal, medical or mental health matters.
The bill's statement of motives notes that AI can create fictional people who appear to speak or endorse products, or replicate a real person's image, voice or gestures without their participation, potentially misleading consumers about authenticity. Anyone who produces, commissions or approves such ads would need clear, visible or audible disclosures noticeable to an ordinary consumer, in the language(s) used in the ad—both Spanish and English if both are substantively used. The bill would not prescribe exact wording.
It would also require businesses using AI to communicate with consumers to respond truthfully when a consumer directly asks if they're interacting with AI. The Department of Consumer Affairs (DACO) would be empowered to investigate violations, order corrections or withdrawal of ads, and impose fines up to $5,000. The bill has not yet been approved.