SB 96 amends Chapter 27.3 of the California Business and Professions Code to expand an existing state prohibition on excessively loud commercial advertisements. The law — which previously targeted video streaming services — now covers social media video services, music streaming services, and podcast streaming services that serve consumers residing in California.
The bill ties compliance to the Federal Communications Commission’s regulations under the Commercial Advertisement Loudness Mitigation (CALM) Act and takes effect July 1, 2026.
Practically, the measure forces platforms and advertisers to adopt loudness control practices for internet-delivered ads similar to those broadcasters use for television. That touches content owners, ad-tech vendors that insert or normalize ads, and platforms that host or dynamically insert commercials.
SB 96 also makes a non-substantive technical edit to the Military and Veterans Code related to solicitation misuse, and it renames the chapter heading to “Video Streaming Services.”
At a Glance
What It Does
SB 96 prohibits a covered streaming or social service from transmitting commercial advertisement audio louder than the audio of the content the ads accompany, and it requires consistency with FCC CALM Act regulations. It adds a four-part statutory definition of "social media video service" and clarifies which entities are not "video streaming services."
Who It Affects
The rule applies to video streaming providers, social media video platforms, music streaming services, and podcast streaming services that serve consumers in California — including out-of-state companies that make ads available to California residents. Advertisers, ad networks, dynamic ad-insertion vendors, and independent creators who insert ads will need to change audio mastering and delivery practices.
Why It Matters
This is California’s attempt to extend a TV-era loudness standard to internet audio advertising, aiming for a uniform listening experience but raising new technical and jurisdictional questions around dynamic ad insertion, personalized ads, and how to measure loudness on streaming systems.
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What This Bill Actually Does
SB 96 rewrites Chapter 27.3 of the Business and Professions Code to cover more than traditional “video streaming services.” It inserts a statutory definition for "social media video service" — an open-to-the-public website that allows account creation, consists primarily of user-generated content rather than provider-preselected programming, and offers a landing page, main feed, or search function presenting videos made by other users. The bill keeps the existing definition of "video programming" by reference to federal law and clarifies that the term "video streaming service" excludes traditional broadcast/cable multichannel distributors and entities that serve video without commercial advertisements.
Substantively, the bill bars, as of July 1, 2026, any covered service from transmitting commercial advertisement audio that is louder than the audio of the content the ad accompanies. Rather than inventing a new metric, the statute expressly requires consistency with the FCC’s CALM Act regulations — effectively using the FCC’s loudness measurement and tolerance framework as the compliance benchmark for internet services.
That link to federal regs is directional: the bill does not import FCC enforcement mechanisms nor delegate enforcement to the FCC; it simply uses the FCC’s technical standards as the state’s yardstick.Because the internet environment differs from linear television, implementation will rely on platforms and ad-tech vendors to apply loudness normalization across ad assets, dynamically inserted ads, and personalized ad streams. The bill’s scope — “services that serve consumers residing in the state” — means companies headquartered outside California but delivering ads to California users will fall within the rule’s ambit.
Finally, SB 96 renames the chapter heading to "Video Streaming Services" and makes a clerical, non-substantive change to a Military and Veterans Code provision criminalizing misuse of solicited veteran funds.
The Five Things You Need to Know
The statute adds a four-part definition of "social media video service": (1) open to the public, (2) allows account creation, (3) consists primarily of user-generated content not preselected by the provider, and (4) provides a landing page, main feed, or search that presents video content generated by other users.
SB 96 goes into effect July 1, 2026 — from that date covered services may not transmit commercial ad audio louder than the accompanying content.
The bill requires covered services to be consistent with the FCC’s CALM Act regulations for measuring and limiting ad loudness rather than establishing an independent state measurement protocol.
The definition of "video streaming service" explicitly excludes television broadcast stations, cable operators, other multichannel video programming distributors, and any entity that serves video content without commercial advertisements, creating a carve-out for ad-free services.
The bill renames Chapter 27.3 to “Video Streaming Services” and makes a technical, non-substantive amendment to Military and Veterans Code Section 1802 concerning misuse of solicited veteran funds.
Section-by-Section Breakdown
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Rename chapter heading to 'Video Streaming Services'
This provision changes the chapter title in Division 8 to "Video Streaming Services." It does not alter substantive law but signals the legislature’s intent to treat internet-delivered video and related services as the chapter’s focus going forward. Practically, the renaming helps align statutory language with the expanded scope of covered providers introduced elsewhere in the bill.
New and clarified definitions, including 'social media video service'
Section 22775 adds and modifies key definitions. The bill inserts a detailed definition of "social media video service" that requires public access, account creation, primarily user-generated content, and a feed or search function that surfaces other users' videos. It also keeps the federal definition of "video programming" and modifies "video streaming service" to include entities that make programming or video content available via internet protocol while excluding traditional broadcasters and any services that deliver video without commercial ads. These definitions determine which platforms must comply and which platforms are exempt — the work of compliance teams will be mapping product features to these four statutory criteria.
Loudness prohibition for commercial advertisements and adoption of CALM standards
Section 22776 imposes the core substantive rule: as of July 1, 2026, covered social media video services, music streaming services, podcast streaming services, and video streaming services serving California residents may not transmit advertisement audio louder than the content the advertisements accompany. The provision explicitly ties compliance to the FCC’s regulations implementing the CALM Act, making federal loudness measurement and mitigation concepts the state's compliance baseline. However, the statute does not specify an enforcement agency, administrative process, or private right of action within the text provided, leaving open how violations will be investigated or penalized under state law.
Technical, non-substantive edit to veterans solicitation statute
The bill makes a technical amendment to Section 1802 of the Military and Veterans Code, which criminalizes using funds solicited for veterans for other purposes. The change is labeled nonsubstantive in the digest; it does not change the underlying offense or penalties but appears intended to clarify statutory language or conform to drafting standards.
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Explore Technology in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- California consumers and listeners — they will experience fewer sudden audio level jumps between content and ads, reducing annoyance and potential hearing discomfort during streaming, social video, music, and podcast playback.
- Hearing-impaired users and consumer advocates — standardized loudness across ads and content improves accessibility and predictability of audio experiences for listeners with sensitivity to volume changes.
- Broadcasters and multichannel video operators — by aligning internet services with broadcast loudness standards, the bill narrows competitive differences that previously allowed louder internet ads to stand out against broadcast programming.
- Ad-technology vendors that provide compliance and normalization tools — vendors that can measure and adjust loudness at scale stand to gain new demand from platforms and publishers seeking to demonstrate CALM-consistency.
Who Bears the Cost
- Streaming platforms and social media companies that insert or host ads — they must implement loudness measurement and normalization workflows across ad inventories, which requires engineering, re-processing of assets, and monitoring.
- Advertisers and creative agencies — they may need to remaster existing ad spots or change production practices to meet loudness standards, increasing production costs, especially for high-volume creative operations.
- Independent podcasters, small music platforms, and creators using dynamic ad insertion — smaller operators will face compliance burdens obtaining tools and expertise to measure and normalize ad loudness across distributed and dynamically assembled streams.
- Out-of-state services that deliver ads to California users — companies without a local presence must adapt to California’s standard or risk exposure, creating potential legal and operational costs tied to California’s extraterritorial reach.
- Ad-insertion and personalization technology vendors — those systems will need updates to measure and enforce loudness in real time for personalized ad streams, which is technically harder than applying a single-level master for linear programming.
Key Issues
The Core Tension
The central tension is between consumer protection — eliminating jarringly loud ads to improve the listening experience — and the operational complexity and compliance costs of applying broadcast-calibrated loudness rules to a fragmented, dynamic streaming ecosystem; achieving uniform standards risks imposing heavy burdens on small publishers, ad-tech vendors, and out-of-state services while leaving enforcement and measurement questions unresolved.
SB 96 imports a television-era technical standard into a streaming environment without resolving several practical gaps. The CALM Act and the FCC’s implementing rules were written for linear, scheduled broadcast where a single master stream contains both program and ad material; streaming platforms commonly use dynamic ad insertion, personalized ad selection, adaptive bitrate streaming, and a wide variety of codecs and container formats.
Translating the FCC’s loudness measurement procedures to that environment requires engineering specifications the statute does not provide — for example, where to measure loudness in a dynamically assembled stream, how to handle client-side normalization features, and how to treat ads that are mixed with music or user-generated audio.
The bill’s scope also creates jurisdictional and definitional friction. It applies to services "that serve consumers residing in the state," which can capture out-of-state companies and raise questions about enforcement, conflicts with federal authority, and comity.
The statute expands covered categories (music and podcast streaming services) but does not define those terms in the text provided, leaving ambiguity about services sitting between categories (e.g., audio-centric social platforms). Finally, the statutory reliance on FCC regulations is practical as a technical benchmark but leaves unanswered whether federal preemption arguments could arise if California attempts to police internet advertising practices beyond FCC jurisdiction.
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