Enacts the "CALM act" relating to prohibiting a person, firm, partnership, association or corporation providing a video streaming service that operates in the state of New York from transmitting the audio of commercial advertisements louder than the video content the advertisements accompany; provides penalties for violations.
S T A T E O F N E W Y O R K
________________________________________________________________________
11351
I N A S S E M B L Y
May 13, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fall) --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to enacting the
"CALM act" relating to commercial advertisement volume
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "CALM act".
§ 2. The general business law is amended by adding a new section 392-m
to read as follows:
§ 392-M. COMMERCIAL ADVERTISEMENT VOLUME. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "VIDEO PROGRAMMING" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION 613(H) OF TITLE 47 OF THE UNITED STATES CODE.
(B) (I) "VIDEO STREAMING SERVICE" SHALL MEAN AN ENTITY THAT MAKES
AVAILABLE DIRECTLY TO THE CONSUMER, THROUGH A DISTRIBUTION METHOD THAT
USES INTERNET PROTOCOL, EITHER OF THE FOLLOWING:
(1) VIDEO PROGRAMMING; OR
(2) VIDEO CONTENT SUCH ENTITY MAKES AVAILABLE FOR USERS TO VIEW.
(II) "VIDEO STREAMING SERVICE" SHALL NOT INCLUDE A TELEVISION BROAD-
CAST STATION, CABLE OPERATOR, OR OTHER MULTICHANNEL VIDEO PROGRAMMING
DISTRIBUTOR, OR AN ENTITY THAT SERVICES VIDEO PROGRAMMING OR VIDEO
CONTENT WITHOUT COMMERCIAL ADVERTISEMENTS.
2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION PROVIDING
A VIDEO STREAMING SERVICE THAT OPERATES IN THIS STATE SHALL 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 ADVERTISE-
MENT LOUDNESS MITIGATION ACT FOR TELEVISION BROADCAST STATIONS, CABLE
OPERATORS, AND OTHER MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
3. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION THAT
VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15869-01-6
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.