Pennsylvania HB 2220: An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, providing for video streaming services.

Bill Text

PRIOR PRINTER'S NO. 2914 PRINTER'S NO. 3350
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2220
Session of
2026
INTRODUCED BY SHAFFER, FREEMAN, RIVERA, COOPER, CIRESI, MIHALEK,
WAXMAN AND PUGH, FEBRUARY 17, 2026
AS REPORTED FROM COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 5, 2026
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for video streaming
services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 99
VIDEO STREAMING SERVICES
Sec.
9901. Commercial audio equalizing.
§ 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 content PROGRAMMING that accompanies
the advertisement, consistent with the guidelines established
under 47 U.S.C. § 621 (relating to rulemaking on loud
commercials required).
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(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;
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(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.
(e) (G) Implementation.--The Attorney General may promulgate
rules and regulations for the implementation, administration and
enforcement of this section.
(f) (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 entity that makes available
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directly to a consumer, through a distribution method that uses
Internet protocol, either of the following:
(1) Video programming.
(2) Video content the entity makes available for users
to view.
"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.
Section 2.