Delaware Code Title 6. Commerce and Trade § 1204C. Prohibitions on online marketing or advertising to a child

(a) An operator of an internet website, online or cloud computing service, online application, or mobile application directed to children may not market or advertise a product or service described in subsection (f) of this section on that internet website, online or cloud computing service, online application, or mobile application.

(b) An operator of an internet website, online or cloud computing service, online application, or mobile application who has actual knowledge that a child is using its internet website, online or cloud computing service, online application, or mobile application, and which user is that child, may not market or advertise a product or service described in subsection (f) of this section to that child, if the marketing or advertising is directed to the child based upon information specific to that child, including the child's profile, activity, address, or location sufficient to establish contact with the child, and excluding internet protocol (IP) address and product identification numbers for the operation of a service.  The operator shall be deemed to be in compliance with this subsection if the operator takes reasonable actions in good faith designed to avoid marketing or advertising a product or service described in subsection (f) of this section.

(c) An operator of an internet website, online or cloud computing service, online application, or mobile application directed to children or an operator of an internet website, online or cloud computing service, online application, or mobile application who has actual knowledge that a child is using its internet website, online or cloud computing service, online application, or mobile application shall not knowingly use, disclose, or compile, or allow another person to use, disclose, or compile, the personal information of the child if that operator has actual knowledge that the child’s personally identifiable information will be used for the purpose of marketing or advertising to the child a product or service described in subsection (f) of this section.

(d) An operator of an internet website, online or cloud computing service, online application, or mobile application directed to children, in which marketing or advertising is provided by an advertising service, need not comply with subsection (a) of this section with respect to such marketing or advertising and instead shall notify the advertising service, in a manner directed by the advertising service, that the internet website, online or cloud computing service, online application, or mobile application is directed to children.

(e) An advertising service which provides marketing or advertising for an internet website, online or cloud computing service, online application, or mobile application directed to children, and which has received the notice required by subsection (d) of this section, may not market or advertise on the internet website, online or cloud computing service, online application, or mobile application a product or service described in subsection (f) of this section.

(f) The marketing or advertising prohibitions described in this section shall apply to the following products or services:

(1) Alcoholic liquor as defined in § 101 of Title 4 .

(2) Tobacco products, smokeless tobacco products, or moist snuff as defined in § 5301 of Title 30 .

(3) Tobacco substitutes as defined in § 1115 of Title 11 .

(4) Firearm as defined in § 222 of Title 11 , or ammunition for a firearm.

(5) Electronic control devices as defined in § 222 of Title 11 .

(6) Fireworks as defined in § 6901 of Title 16 .

(7) Tanning equipment or device or tanning facility as defined in § 3002D of Title 16 .

(8) Dietary supplement products containing ephedrine group alkaloids.

(9) Lottery, internet lottery, internet table games, internet ticket games, internet video lottery, sports lottery, table game, video lottery, or video lottery facility as defined in § 4803 of Title 29 .

(10) Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A as referenced in § 4714 of Title 16 .

(11) Body-piercing as defined in § 1114 of Title 11 .

(12) Branding as defined in § 1114 of Title 11 .

(13) Tattoos as defined in § 1114 of Title 11 .

(14) Drug paraphernalia as defined in § 4701 of Title 16 .

(15) Tongue-splitting as defined in § 1114A of Title 11 .

(16) Any material, including any book, article, magazine, publication, or written matter of any kind, drawing, etching, painting, photograph, video, film, motion picture, or sound recording, which is sexually-oriented, as defined in § 1602(18) of Title 24 , and predominately appeals to the prurient, shameful, or morbid interest of minors, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and taken as a whole lacks serious literary, artistic, political, social, or scientific value for minors.

(g) This section shall not be construed to require an operator of an internet website, online or cloud computing service, online application, or mobile application to collect age information about users.

(h) The marketing and advertising restrictions described in subsections (a) through (c) of this section shall not apply to the incidental placement of products or services embedded in content if the content is not distributed by or at the direction of the operator primarily for the purposes of marketing and advertising a product or service described in subsection (f) of this section.


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