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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
digital advertising; content; children; penalty
Purpose
Requires, beginning January 1, 2026, a child-directed application to take appropriate measures to prevent the display of inappropriate and mature advertisements on the application.
Background
Statute outlines
trade and commerce practices and restrictions in general and for particular
industries and transactions, including practices and restrictions relating to
advertisement
(A.R.S. Title 44).
A person is guilty of a class 3 misdemeanor if the person: 1) knowingly makes false, fraudulent, deceptive, or misleading representations in advertisements related to property or services, with the intent to sell or induce acquisition; or 2) publishes, circulates or disseminates any statement or assertion of fact concerning real estate which is known to be untrue, and which is made or disseminated with the intention of misleading. A merchant is guilty of a class 3 misdemeanor if the person advertises or displays any brand of goods known to the general public and quotes prices in connection with the goods as an inducement to attract purchasers to the place of business so advertised and makes false statements regarding the quality or merits of the goods advertised (A.R.S. ยง 44-1481).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a child-directed application to take appropriate measures to prevent the display of inappropriate and mature advertisements on the child-directed application.
2. Requires, in determining whether an application is a child-directed application, all of the following to be considered:
a) the subject matter;
b) the visual content;
c) the use of animated characters or child-oriented activities;
d) the age of the models and the presence of child celebrities or celebrities who appeal to children;
e) any incentive; and
f) any music or other audio content.
3. Subjects a child-directed application that does not comply with the digital advertising directed to children-content restrictions to a civil penalty of up to $100,000 per violation.
4. Requires the Attorney General to enforce the digital advertising directed to children-content restrictions.
5. Defines application platform as a digital distribution service that offers for download an application.
6. Defines child-directed application as an application that is primarily intended for use or download by an individual who is 11 years of age or younger.
7. Defines inappropriate and mature advertisement as an advertisement that sells or promotes any of the following:
a) violence;
b) explicit language;
c) sexual content; and
d) alcohol or drugs.
8. Becomes effective on January 1, 2026.
House Action
COM 2/11/25 DPA 6-3-1-0
3rd Read 2/26/25 48-11-1
Prepared by Senate Research
March 17, 2025
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