A complaint filed Thursday in California federal court aims to overturn Assembly Bill 1687, which requires IMDb.com to remove the ages or birth dates of public figures in the entertainment industry on its site upon request.
Friday, November 11, 2016
IMDb Sues to Invalidate California's Actor Age Censorship Law
A complaint filed Thursday in California federal court aims to overturn Assembly Bill 1687, which requires IMDb.com to remove the ages or birth dates of public figures in the entertainment industry on its site upon request.
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I remember when the first article came out about how the state was trying to pass a law about the age because of Hollywood discrimination. It is interesting to see the other side of coin. IMdB explains that is the person’s own choice to put their age on the site so making the law is taking away free speech from users and people who put their information on the app. I like that I get to see this side of conflict because we don’t get that very often. I don’t understand a lot of legal jargon but it seems that IMdB has a good case against that law. People have their own choice on whether to put ages on that app and if they don’t want to they don’t have to. It’s hard to choose a side because I personally like to know stars ages at random points in time but then I don’t like that they could be discriminated for how old they are and not get a job because of it.
Regardless of if age discrimination is a real issue worth fixing, or if stating people age is actually a use free speech, free speech and the internet is a tricky question. I am 100% behind free speech, it is an inalienable right that people can say whatever they want where and whenever they want, but none of us are garneted to be free of the consequences of what we say. It would be unreasonable to think that people will always treat you the same as everyone else, regardless of what you say, what you do or who you are, you might be an asshole, or a really nice person, and that will effect how people interact with you. Back to IMBD though, how could age discrimination be any different than discrimination based on race or gender? Are casting decisions based on race, gender and age discrimination. How could the industry of people pretending to be other people be anything but discriminatory in that case. If I am trying to tell the story of 10th century native Americans, I would not cast any black, white or Asian people in it, because it wouldn’t fit the story, is that discrimination?
There are quite a few noteworthy arguments this article addresses. The decision to legally require IMDB to remove an actors age upon request hits on a lot of issues. Personally, I don't quite see why IMDB takes this issue so personally, because is it really too much to ask to take down one number from a slew of information? I understand their argument about the integrity of their website, but it really doesn't seem like a big deal. IMDB has a better chance of using their other arguments about a state law affecting a national website. They also make a really strong case about how they are implicated and accountable for another party lawfully posting something that is public knowledge. As for age discrimination, it's a very real thing, and if IMDB actually contributes to the problem then they should be addressed. But I have a suspicion that this problem goes much deeper and bigger than that, so I hope California is doing more than this to address it.
This seems like a very heated debate to have over a number on a website. I personally side with the ever-flawless Kamala Harris (who won't be Attorney General for too much longer, as she's on her way to the senate.) Actors, for whom youth is a crucial part of their overall marketability, thanks to a slew of youth-obsessed beauty standards, may find IMDb's publication of their age a real threat to their job prospects.
While IMDb does make a very valid argument, that there is something to be said about the website's integrity and the status of free speech in this fight, I feel like something must be done about actor age discrimination. IMDb certainly has a point about the dubious constitutionality of this law, but framing their lawsuit as a single-handed crusade against draconian policy-making is simply false.
In summary, something must be done about actor age discrimination. Whether this law is the right first step has yet to be tested, but tested it will most certainly be.
I agree with the fact that IMDb should have the right to not allow ages on their website. They are a private company and if they feel the need to not have the ages on their website, than that should be it. However calming that this will cause age discrimination if the ages are kept up i don't believe that too much. In 2016 you can easily find out an actor's age with a click of a button. So for IMDb to think that this will stop age discrimination does not seem very realistic. Hopefully in the future actors will get work because of talent and not age.
I have to say that I agree with IMDb on this one. Targeting IMDb is frankly a waste of time because of the IMDbPro service, as well as the availability of this information on other websites. If an actor is unhappy with their age on their profile they can simply take it off, which eliminates the need for this law. However, if someone really wanted to find this information they could simply go to Wikipedia, which is usually the first or second result when you google someone's name. Ageism in casting is a very issue in the entertainment business so I applaud California for trying to fight it, but they are going about it in completely the wrong way. Why not just target casting agencies directly and not allow them to view people's ages while they're auditioning for them? It may be harder to enforce, but at least it gets right to the root of the issue and doesn't infringe as much on free speech.
I do not believe that AB 1687 would even be an effective method of deterring age discrimination. It's too easy to find out simply find out someone's age. I also agree with the claims of IMDb's suit: The law does seem unconstitutional to freedom of speech and press. It's not defamation and the information isn't "toxic" to their career. Asking IMDb to not display the age of an actor because they could potentially be discriminated against by their age is like asking them to not show pictures because they could potentially be discriminated by their race. California isn't solving the root of the problem of age discrimination by just hiding information--they need to stop it all together if they really consider it to be an issue. I certainly can see this law getting overturned, but probably not by California courts. I think it is unconstitutional to attempt to restrict what someone can or can not post if they aren't spreading false or defaming information. I also think IMDb could compromise and give all users, even without a Pro subscription, to remove their age and Date of Birth if they would like to.
I’m really at a loss here as to what the state of California is trying to accomplish with this act. I wish I had some idea of where they could have been coming from but I really don’t. I think IMDb is very much in the right here and I think their warning to the rest of the world is important to take into consideration since it is incredibly accurate. The state of California does not have any real president to enact this upon IMDb except to try to remove the members of IMDb’s audience who utilize the website for that purpose. Also, no matter whether IMDb has the birthdate or age of a performer or not, any casting director will be able to find it one way or another given the interconnectedness of today’s worlds. Also, resumes are a thing. This all being said, IMDb points out that if one really cares it can be removed in preferences.
This is an interesting issue. I’m ignoring the First Amendment issue because it is old news – there have been and will continue to be First Amendment issues. What I find interesting is the age discrimination issue. When I first heard about this issue, I thought that the issue with posting ages would be one of actors not wanting the public to know how old they are. This isn’t the case at all, it is all about how knowing an actor’s age might impact their ability to get roles or the roles they are cast in. I would argue that there is some merit to this point – to a degree. I think this applies more to “unknown” actors than the A-list celebrities who are public figures. If anyone reads my comment, it may land me this may land me in some hot water, but sometimes I think the issue of age discrimination is, well – bullshit. If you are looking to cast someone as a corporate executive, you aren’t going to cast an 16-year old man or a 98-year old woman (most likely). Is that ageism? I don’t think so. You’re going to put someone in the role who can best perform the role – and one characteristic of that might be age. But this isn’t the point of the article. IMDB shouldn’t be forced to take down accurate factual information in general. If an individual sued IMDB for publishing their age, that might be a different story.
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