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Bill

Bill

HB 1116

prohibit a video streaming service from transmitting certain advertising during children's programming and provide a penalty therefor.

2026 Regular Session Introduced by Bobbi Andera and 14 co-sponsors

South Dakota would ban video streaming services from airing specific advertisements during children's programs, enforcing restrictions similar to traditional broadcast TV rules for digital platforms.

House of Representatives Deferred to another day , Passed, H.J. 259
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Bill Summary · HB 1116

Legislative bill overview

HB 1116 would prohibit video streaming services from broadcasting certain types of advertising during programming designated for children. The bill includes penalties for violations, though specific details about which advertisements are restricted and penalty amounts are not provided in the summary information available.

Why is this important

Children's exposure to advertising has documented effects on purchasing behavior, dietary habits, and consumer expectations. Streaming services have largely escaped the advertising restrictions that traditional broadcast television faces under FCC regulations, creating a regulatory gap that this bill attempts to address.

Potential points of contention

  • Definition and enforcement ambiguity: The bill language doesn't specify which advertisements are prohibited (e.g., junk food, toys, gambling, alcohol) or how "children's programming" is defined, creating implementation challenges
  • Competitive disadvantage concerns: Streaming services may argue this creates unequal regulation compared to cable/broadcast TV, or that it disadvantages South Dakota-based or smaller platforms more than major providers
  • First Amendment questions: Advertising restrictions may face constitutional challenges regarding commercial speech protections
  • Interstate commerce issues: States cannot regulate services operating across state lines, potentially limiting effectiveness and creating legal complications
  • Defining "certain advertising": The vague language suggests the specific restrictions were contentious (evidenced by the amendment that passed 7-5)

Compiled from official sources — confirm details with the bill’s official record.

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