IMDb sues State of California over law requiring website to remove an actor's age if asked  in 'free speech' battle

By Dailymail.com Reporter

Published: 21:51 EST, 10 November 2016 | Updated: 00:44 EST, 11 November 2016

A major entertainment industry website is suing the State of California over the right to post the birth dates and ages of actors.

IMDb filed a complaint Thursday in California federal court seeking to overturn Assembly Bill 1687 that requires IMDb.com to remove that information upon request, The Hollywood Reporter said.

The website asserts that it is unconstitutional and a restriction of free speech to legislate about what facts may or may not be included in their database of information about those working in the movie and television industries.

Lawsuit: IMDb is suing the State of California over the right to post the birth dates and ages of actors working in movies and television following the passing of a bill in September requiring the website to remove that information if asked

The law had been passed in September as a way to try an dprevent age discrimination in Hollywood, and it had been championed by former Beverly Hills 90210 actress Gabrielle Carteris who is currently the president of the SAG-AFTRA union.

Carteris said in August the legislation, if passed, would help prevent 'the rampant misuse of personal information and ensure legal, fair hiring practices when employers use online casting and data services.

In an Op-Ed for THR.com, she explained: 'My role on Beverly Hills, 90210 could not have happened for me today, plain and simple. I would never have been called to audition for the part of 16-year-old Andrea Zuckerman if they had known I was 29.'

In favor: Gabrielle Carteris, who starred on Beverly Hills 90210 and now serves as president of the SAG-AFTRA union, had supported the new law as a way of mitigating age discrimination

Age issue: Carteris was 29 when she was cast as 16-year-old Andrea Zuckerman on the popular TV series and says if her age had been known at the time, she wouldn't have been asked to audition

In the website's complaint, the website agrees that preventing age discrimination is 'a worthy goal' but instead of tackling that issue head on, 'the State of California has chosen to chill free speech and undermine public access to factual information.'

'IMDb routinely and gladly updates information on IMDb.com in order to correct verified inaccuracies,' wrote attorney John C. Hueston.

'But it has always been IMDb’s policy not to alter or delete any accurate factual information on the public website. Being compelled to do so not only violates basic free speech principles, but undermines the accuracy and reliability of the IMDb.com database on which millions of users rely.'  

Sued: California Attorney General Kamala Harris, pictured at a Hollywood event in 2012, has yet to comment on IMDb's civil suit

IMDb is asking the court to declare the bill unconstitutional and unenforceable and enter a permanent injunction banning the state and its agencies from enforcing it.

In April 2013, an actress Huong Hoang unsuccessfully sued IMDb for revealing her age.

She had claimed during the two-day civil trial that by posting the information on its website, IMDb had been damaging to her career.

A jury in Seattle ultimately rejected the 42-year-old Hoang's claim, THR.com reported. 

Lost: Back in April 2013, actress Huong Hoang unsuccessfully sued IMDb for revealing her age, claiming that by revealing she was 42, the website had damaged her career. She's pictured in January 2013 in Hollywood

 

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