Forbidding Advertisement Through Child Exploitation Act of 2013 or the FACE Act of 2013 - Prohibits social media service providers from intentionally or knowingly using for a commercial purpose a self-image uploaded by a minor.
Defines "social media service" as any online service that allows an individual to upload, store, and manage personal content to share with other individuals.
Requires violations to be treated as an unfair or deceptive act or practice under the Federal Trade Commission Act.
Sets forth the enforcement authority of the Federal Trade Commission (FTC) and state attorneys general.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2645 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2645
To prohibit providers of social media services from using self-images
uploaded by minors for commercial purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2013
Mr. Duncan of Tennessee (for himself and Ms. Ros-Lehtinen) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To prohibit providers of social media services from using self-images
uploaded by minors for commercial purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forbidding Advertisement Through
Child Exploitation Act of 2013'', or the ``FACE Act of 2013''.
SEC. 2. PROHIBITION ON COMMERCIAL USE BY SOCIAL MEDIA SERVICES OF
UPLOADED SELF-IMAGES OF MINORS.
(a) In General.--A provider of a social media service may not
intentionally or knowingly use for a commercial purpose a self-image
uploaded to such service by a minor.
(b) Regulations.--The Federal Trade Commission may promulgate
regulations under section 553 of title 5, United States Code, to
implement this section.
SEC. 3. APPLICATION AND ENFORCEMENT.
(a) General Application.--The requirements of section 2 and the
regulations promulgated under such section apply, according to their
terms, to those persons, partnerships, and corporations over which the
Federal Trade Commission has authority pursuant to section 5(a)(2) of
the Federal Trade Commission Act (15 U.S.C. 45(a)(2)).
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2 or a regulation promulgated under such section shall
be treated as an unfair or deceptive act or practice in
violation of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce section 2 and the regulations promulgated under
such section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any person who violates section 2 or a
regulation promulgated under such section shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(c) Enforcement by State Attorneys General.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of section 2 or a regulation promulgated
under such section, the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in an
appropriate State court or an appropriate district court of the
United States to--
(A) enjoin such act or practice;
(B) enforce compliance with such section or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Federal Trade Commission a written notice
of such action and a copy of the complaint for such action. If
the attorney general, official, or agency determines that it is
not feasible to provide the notice described in this paragraph
before the filing of the action, the attorney general,
official, or agency shall provide written notice of the action
and a copy of the complaint to the Federal Trade Commission
immediately upon the filing of the action.
(3) Authority of federal trade commission.--On receiving
notice under paragraph (2) of an action under this subsection,
the Federal Trade Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 4. EFFECT ON STATE LAW.
Nothing in this Act preempts any provision of law of a State or a
political subdivision of a State that is more protective with respect
to commercial use of self-images uploaded by minors to social media
services.
SEC. 5. DEFINITIONS.
In this Act:
(1) Self-image.--The term ``self-image'' means, with
respect to an individual, an image that depicts the individual.
(2) Social media service.--The term ``social media
service'' means any online service that allows an individual to
upload, store, and manage personal content in order to share
the content with other individuals.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 6 months after the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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