Video streaming services: commercial advertisements., the official text

An act to add Chapter 27.3 (commencing with Section 22775) to Division 8 of the Business and Professions Code, relating to video streaming.

LEGISLATIVE COUNSEL'S DIGEST

Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.
Existing federal law requires the Federal Communications Commission to develop regulations that require commercials to have the same average volume as the programs they accompany. The federal regulations apply to television broadcast stations, cable operators, and other multichannel video programming distributors.
This bill would prohibit, on and after July 1, 2026, a video streaming service, as defined, that serves consumers in the state from transmitting the audio of commercial advertisements louder than the video content the advertisements accompany, as specified. The bill would state that it does not create a private right of action.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 27.3 (commencing with Section 22775) is added to Division 8 of the Business and Professions Code, to read:
27.3.
Video Streaming Services22775.
For purposes of this chapter, the following definitions apply:
(a) “Video programming” has the same meaning as defined in Section 613(h) of Title 47 of the United States Code.
(b) (1) “Video streaming service” means an entity that makes available directly to the consumer, through a distribution method that uses internet protocol, either of the following:
(A) Video programming.
(B) Video content the entity makes available for users to view.
(2) “Video streaming service” does not include a television broadcast station, cable operator, or other multichannel video programing distributor, or an entity that serves video programming or video content without commercial advertisements.

22776.
On and after July 1, 2026, a video streaming service that serves consumers residing in the state shall not transmit the audio of commercial advertisements louder than the video content the advertisements accompany, consistent with the regulations adopted by the Federal Communications Commission pursuant to the Commercial Advertisement Loudness Mitigation (CALM) Act (Public Law 111-311) for television broadcast stations, cable operators, and other multichannel video programming distributors.

22777.
This chapter does not create a private right of action.