Video streaming services: commercial advertisements.

Senator Umberg, with coauthor Senator Niello, advances a California measure to require that the audio level of commercial advertisements on video streaming services delivered to California residents not exceed the volume of the accompanying video content, aligning state practice with federal CALM Act standards. The proposal would add a new chapter to the Business and Professions Code establishing a prohibition that takes effect on July 1, 2026, and it states that the chapter does not create a private right of action. It also specifies that certain traditional video distributors and ad-free services are not subject to the rule.

Key provisions define who falls under the new regime and how the standard is to be interpreted. A “video streaming service” is an entity that makes video programming or viewable video content available directly to consumers via internet protocol, but excludes television broadcast stations, cable operators, other multichannel video programming distributors, and entities that serve video programming or video content without commercial advertisements. The bill references the Federal Communications Commission’s CALM Act regulations as the basis for the loudness standard, requiring that the audio of commercials not be louder than the accompanying video content, in line with the federal framework applicable to TV stations, cable operators, and MVPDs. The statute does not set numeric decibel targets or a distinct California measurement method within its text.

The measure emphasizes scope and implementation considerations. It applies to streaming services serving California consumers and to ads that accompany video content, while excluding non-commercial content and ad-free offerings, as well as traditional broadcast and MVPD entities. The text does not authorize enforcement by a specific state agency, does not provide penalties or civil remedies, and does not include an appropriation or local-program requirement, signaling reliance on potential future rulemaking or existing authorities outside the bill for oversight. Because compliance hinges on CALM Act standards rather than California-specific metrics, changes to federal loudness rules could affect how the statute is implemented over time.

Viewed in policy context, the proposal mirrors federal loudness objectives by importing CALM Act-aligned requirements into state law for a defined subset of streaming services and in-state audiences. The narrow scope—targeting ad-supported streaming content while excluding ad-free services and traditional distributors—defines the potential regulatory footprint and leaves several practical questions open, including how compliance will be measured in practice, which entity would oversee enforcement, and how residency determinations for California audiences will be handled for cross-jurisdictional streaming. The overall framework thus sets a California-specific parallel to federal regulation, contingent on future regulatory actions and updates to federal standards.