How HB 2790 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill adds a new chapter to Pennsylvania law that regulates audio levels of advertisements in video streaming services.

• Title 12 of the Pennsylvania Consolidated Statutes

  CHAPTER 99 VIDEO STREAMING SERVICES § 9901. Commercial audio equalizing. (a) Prohibition.--A video streaming service may not transmit the audio of an advertisement at a decibel level exceeding the decibel level of the video programming that accompanies the advertisement, consistent with the guidelines established under 47 U.S.C. § 621 (relating to rulemaking on loud commercials required). (b) Complaints.--A consumer may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General alleging a violation of subsection (a). (c) Enforcement.--The Bureau of Consumer Protection in the Office of Attorney General shall investigate a complaint filed under subsection (b). If, after investigating a complaint, the Attorney General finds that a video streaming service has violated this section, the Attorney General may: (1) bring an action to impose a civil penalty up to $5,000 for each violation; and (2) seek injunctive relief, restitution, costs and other relief under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law. (d) Exclusive remedy.-- (1) The civil penalty under subsection (c) shall be the sole penalty for conduct in violation of this section. (2) Nothing in this subsection shall be construed to create or imply a private cause of action for a violation of this section. (e) Embedded advertisements.-- (1) A video streaming service shall take reasonable measures designed to prevent the audio level of an embedded advertisement from exceeding the audio level of the video programming that accompanies the embedded advertisement. (2) A video streaming service may demonstrate compliance with paragraph (1) by providing evidence that the video streaming service: (i) took reasonable measures designed to prevent a violation of this section; (ii) required third parties providing embedded advertisements to comply with this section; and (iii) did not cause the audio of the embedded advertisement to exceed the audio level of the video programming that accompanies the embedded advertisement. (f) Applicability.--This section shall not apply to an information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including: (1) a service or system that provides access to the Internet; or (2) a system operated or service offered by a library or educational institution. (g) Implementation.--The Attorney General may promulgate rules and regulations for the implementation, administration and enforcement of this section. (h) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Advertisement." A communication designed to create public interest in a product or service or to induce the public to purchase a product or service. "Consumer." An individual residing in this Commonwealth. "Embedded advertisement." An advertisement placed into video programming by a third party and passed through by a video streaming service to consumers. "Video programming." The term has the same meaning as defined in 47 U.S.C. § 613(h) (relating to video programming accessibility). "Video streaming service." An online platform that has the primary purpose of making video programming available directly to consumers through a distribution method that uses Internet protocol. The term does not include a: (1) television broadcast station, cable operator or other multichannel video programming distributor; (2) service that does not transmit advertisements; or (3) website or application that does not make video programming available to consumers as its primary purpose.

  This change establishes regulations for audio levels of advertisements on video streaming services and outlines enforcement mechanisms.