New Jersey-2024-S1183-Introduced

An Act providing for the disclosure of information on certain Internet websites and supplementing Title 56 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Commercial recording or audiovisual work" means a recording or audiovisual work that has been disseminated or is intended to be disseminated by its owner, assignee, authorized agent, or licensee. A recording or audiovisual work may be commercial regardless of whether its owner, assignee, authorized agent, or licensee seeks commercial advantage or private financial gain from its dissemination.

"Electronic dissemination" means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the Internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work.

"Internet website" means a set of related Internet web pages served from a single web domain. The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the Internet website upon which the user home page or channel page appears.

2. a. A person who owns or operates an Internet website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates the material to consumers in this State shall clearly and conspicuously disclose the person's correct name, physical address, telephone number, and email address in a location readily accessible to a consumer using or visiting the Internet website or online service.

b. The following locations are deemed readily accessible for purposes of satisfying the requirements of subsection a. of this section:

(1) a home Internet web page or screen;

(2) an "about" or "about us" Internet web page or screen;

(3) a "contact" or "contact us" Internet web page or screen;

(4) an information Internet web page or screen; or

(5) another place on the Internet website or online service commonly used to display information identifying the owner or operator of the Internet website or online service to consumers.

3. a. An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by an Internet website or online service in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) may bring a private cause of action against a person who violates this act to obtain:

(1) a declaratory judgment that an act or practice violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) permanent or temporary injunctive relief.

b. Before filing an action under this section, the aggrieved party shall make reasonable efforts to provide notice to the person alleged to be in violation of this act that states:

(1) the person may be in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) that failure to cure the violation within 14 days may result in an action being filed against the person under this section.

c. If the alleged violator has failed to cure the violation within 14 days of receiving notice, the aggrieved party may institute a civil action in the Superior Court for relief pursuant to the provisions of this section.

d. On motion of the party initiating the action, the court may make appropriate orders to compel compliance with this act.

e. The prevailing party is entitled to recover necessary expenses incurred in an action under this section, including reasonable attorneys' fees.

4. P.L. , c. (C. ) (pending before the Legislature as this bill) does not impose financial liability on providers of an interactive computer service, communications service, commercial mobile service, or information service, including an Internet access service provider, an advertising network or exchange, a domain name registration provider, and a hosting service provider, to the extent that they provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, a commercial mobile radio service, or an information service, for use by another person that violates this act.

5. A violation of P.L. , c. (C. ) (pending before the Legislature as this bill) constitutes an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).

6. This act shall take effect immediately.

STATEMENT

This bill requires Internet websites which deal in the electronic dissemination of music or audiovisual works to disclose certain information.

Under the provisions of this bill, a person who owns or operates an Internet website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates the material to consumers in this State is required to clearly and conspicuously disclose the person's correct name, physical address, telephone number, and email address in a location readily accessible to a consumer using or visiting the Internet website or online service.

The bill provides that an owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by an Internet website or online service in violation of the provisions of this bill may bring a private cause of action against a violator to obtain a declaratory judgment and injunctive relief. However, before filing an action under this section, the aggrieved party is required to make reasonable efforts to provide notice to the person alleged to be in violation of this bill in order to allow the alleged violator 14 days to cure the violation. If the alleged violator has failed to cure the violation within 14 days of receiving notice, the aggrieved party may institute a civil action in the Superior Court for relief pursuant to the provisions of this bill. The prevailing party is entitled to recover necessary expenses incurred in an action under this section, including reasonable attorney's fees.

A violation of the bill's provisions constitute an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.