Enacts the "CALM act" relating to commercial advertisement volume

2025 Regular Session

New York requires video streaming ads to match the loudness of the accompanying video content, following FCC CALM Act standards.

ORDERED TO THIRD READING RULES CAL.192

Overview

A 11351 proposes the CALM act, an amendment to the New York General Business Law establishing requirements for the volume of audio in commercial advertisements accompanying video content delivered via video streaming services. The bill aims to curb excessively loud ads by aligning streaming audio levels with federal standards for television-related loudness.

Purpose and intent

To regulate the loudness of audio in commercial advertisements on video streaming services operating in New York.

To ensure ad audio does not exceed the loudness of the accompanying video content, consistent with federal FCC rules implemented under the CALM Act for TV broadcast stations, cable operators, and multichannel video programming distributors.

To provide a clear state-level enforcement mechanism with penalties for violations.

Key provisions and changes

Enactment of new Section 392-m to the General Business Law, titled “Commercial advertisement volume.”

Definitions:

Video programming: as defined by 47 U.S.C. § 613(h).
Video streaming service: an entity that makes video programming or video content available to consumers via internet protocol, excluding broadcast TV stations, traditional cable operators, MVPDs, or entities that provide video without commercial advertisements.

Prohibition/requirement:

Video streaming services operating in New York must not transmit the audio of commercial advertisements louder than the accompanying video content.
Affected services must follow FCC regulations adopted under the CALM Act for loudness mitigation (i.e., standard loudness levels as mandated for TV-related services).

Penalties:

Civil penalties for violations: up to $250 for a first offense, up to $500 for each subsequent offense.

Effective date:

The act takes effect 90 days after it becomes law.

Who is affected

Primary: Operators of video streaming services delivering video programming or video content to consumers in New York.

Indirectly: Advertisers and ad-supported streaming platforms may need to adjust ad production and insertion practices to comply with loudness standards.

Enforcement: State authorities responsible for consumer protection and business regulation would oversee compliance and penalties.

Procedural and timeline aspects

Legislative path:

Introduced May 13, 2026; assigned to the Committee on Rules (at the request of Assembly Member Fall) and referred to the Committee on Consumer Affairs and Protection.
Subsequent action history shows passage through committees and scheduling for third reading in late May 2026.

Enactment timeline:

If enacted, the act becomes law 90 days after the date of enactment, with regulatory compliance to follow per FCC-aligned loudness standards.

Practical considerations

Compliance burden: Streaming services may need to implement or adjust loudness monitoring and normalization processes for ads to match the associated video content.

Enforcement: Civil penalties are relatively modest, potentially reflecting a focus on consumer protection and gradual compliance rather than punitive enforcement.

Interaction with federal rules: The bill ties to FCC-established standards, ensuring consistency with existing federal loudness mitigation practices.