ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: COM DPA 6-3-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2195: digital advertising; content; children; penalty

Sponsor: Representative Willoughby, LD 13

Caucus & COW

Overview

Provides restrictions relating to advertisements displayed on child-directed applications.

History

Individuals who, with knowledge of the character of the item involved, intentionally or knowingly transmit or send to a minor by means of electronic mail, personal messaging or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item are guilty of a class 4 felony (A.R.S. § 13-3506.01).

Provisions

1.   Proclaims, for application platforms that display advertisements on child-directed applications, that:

a)   the platform cannot display inappropriate and mature advertisements;

b)   the advertisement must be suitable for individuals who are 12 years of age or younger; and

c) the platform must implement monitoring systems to ensure compliance. (Sec. 1)

2.   Instructs the Attorney General to enforce statutory restrictions relating to advertisements displayed on child-directed applications. (Sec. 1)

3.   Subjects a civil penalty of up to $10,000 per violation for noncompliance. (Sec. 1)

4.   Defines an application platform, child-directed application and inappropriate and mature advertisement. (Sec. 1)

5.   Contains a delayed effective date. (Sec. 1)

Amendments

Committee on Commerce

1.   Clarifies a child-directed application may not display inappropriate and mature advertisements rather than an application platform.

2.   Removes references of application platforms.

3.   Deletes language relating to the suitability of advertisements and implementation of monitoring systems.

4.   Adds factors in determining whether an application is a child-directed application for compliance purposes.

5.   Modifies the definition of inappropriate and mature advertisement.

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9.                     HB 2195

10.  Initials PB           Page 0 Caucus & COW

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