Bill Analyses and Ratings

S1111

Rating: –1

Bill Summary:

Senate Bill 1111 adds Section 48-603H to the Idaho Consumer Protection Act to establish new legal requirements for digital advertising sales. Under this law, any purchaser of a digital advertisement may request third-party verification of performance metrics such as geo-targeted impressions, click-through rates, or engagement rates—provided those metrics were agreed to in the original contract. Publishers are required to respond to such requests within 30 days, and must maintain a method to receive and fulfill these requests for up to three months after the campaign ends. Failure to comply allows the purchaser to sue for actual damages or request a full refund of fees paid. The law applies to all publishers doing business in Idaho and includes an emergency clause making it effective July 1, 2025.

Reason for Rating:
S1111 introduces unnecessary state regulation into private advertising contracts, creating a new legal burden on publishers that undermines the Idaho Republican Party Platform’s commitment to free markets, limited government, and contractual freedom. The law allows state-imposed metrics enforcement and enables lawsuits over disputes that should be resolved through mutually agreed contract terms, not statutory mandates. By mandating compliance and enforcement mechanisms without a demonstrated pattern of harm, the bill expands government oversight where none is needed, encouraging regulation and litigation in a sector best governed by private agreement and free enterprise.