Slashdot Mirror
California Enacts Law Requiring IMDb To Remove Actor Ages On Request (hollywoodreporter.com)
California Gov. Jerry Brown on Saturday signed legislation that requires certain entertainment sites, such as IMDb, to remove -- or not post in the first place -- an actor's age or birthday upon request, reports Hollywood Reporter. From the report: The law, which becomes effective Jan. 1, 2017, applies to entertainment database sites that allow paid subscribers to post resumes, headshots or other information for prospective employers. Only a paying subscriber can make a removal or nonpublication request. Although the legislation may be most critical for actors, it applies to all entertainment job categories. "Even though it is against both federal and state law, age discrimination persists in the entertainment industry," Majority Leader Ian Calderon, D-Whittier, said in a statement. "AB 1687 provides the necessary tools to remove age information from online profiles on employment referral websites to help prevent this type of discrimination."Bloomberg columnist, Shira Ovide said, "Congratulations, IMDB. You have now become the subject of California law." Slate writer Will Oremus added, "Sometimes I start to think California is not such a bad place and then they go and do something like this."
This law is a violation of 1st Amendment. Pure and simple. If I were IMDB, I wouldn't comply.
Note the law only applies if the person has a paid subscription to the site. That means the site has entered into a commercial contract with the person, and the rules then change somewhat. If IMDB wants to post ages or birthdates, the law doesn't stop them, as long as they don't accept money from the party in question. As soon as they accept money, their rights fall under contract law and are subject to other laws as set forth by statute. No one is forcing them to accept the person's money.
Think of it like a person rents an apartment. Before they rent, there is a big political sign on the apartment's windows, which the renter doesn't want on HIS window. Having a law saying the tenant can decide what, if any, information is posted on the window isn't a violation of the building owner's first amendment rights, since the contract has shifted aspects of control of the property. Having a law that says if you CHOOSE to offer a certain service, like the ability to modify information about you on a website, then other requirements also come into play, such as the ability to decide whether an age/birthdate are included, is permitted and isn't a violation of the First Amendment.