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A07865 Summary:

COSPNSRWallace, Otis, Griffin, Sillitti, Lupardo, McDonald, Paulin, O'Donnell, Jacobson, Woerner, Abinanti, Stirpe, McMahon, Lunsford, Thiele, Zebrowski, Conrad, Burdick, Carroll, Glick, Solages, Rosenthal L, Stern, Ramos, Cymbrowitz, Cusick, Dinowitz, Walker, Fernandez, Lavine, Simon, Galef, Peoples-Stokes, Bichotte Hermelyn, Meeks, Darling
Add §394-ccc, Gen Bus L
Requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platform.
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A07865 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                      May 28, 2021
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Science and  Technology  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          social media networks to provide and maintain mechanisms for reporting
          hateful conduct on their platform
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  394-ccc to read as follows:
     3    §  394-ccc.  Social  media networks; hateful conduct prohibited. 1. As
     4  used in this section, the following terms shall have the following mean-
     5  ings:
     6    (a) "Hateful conduct" means the use of a social media network to vili-
     7  fy, humiliate, or incite violence against a group or a class of  persons
     8  on the basis of race, color, religion, ethnicity, national origin, disa-
     9  bility, sex, sexual orientation, gender identity or gender expression.
    10    (b)  "Social  media  network"  means  service  providers,  which,  for
    11  profit-making purposes, operate internet platforms that are designed  to
    12  enable  users  to  share  any  content  with other users or to make such
    13  content available to the public.
    14    2. A social media network that conducts business in the  state,  shall
    15  provide  and  maintain a clear and easily accessible mechanism for indi-
    16  vidual users to report incidents  of  hateful  conduct.  Such  mechanism
    17  shall be clearly accessible to users of such network and easily accessed
    18  from  both  a  social media networks' application and website, and shall
    19  allow the social media network to provide a direct response to any indi-
    20  vidual reporting hateful conduct informing them of  how  the  matter  is
    21  being handled.
    22    3.  Each  social  media  network shall have a clear and concise policy
    23  readily available and accessible on their website and application  which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7865--A                          2
     1  includes  how  such  social  media  network will respond and address the
     2  reports of incidents of hateful conduct on their platform.
     3    4.  Nothing  in  this  section shall be construed (a) as an obligation
     4  imposed on a social media network that adversely affects the  rights  or
     5  freedoms  of  any  persons,  such as exercising the right of free speech
     6  pursuant to the first amendment to the United  States  Constitution,  or
     7  (b)  to  add  to  or  increase  liability  of a social media network for
     8  anything other than the failure to provide a mechanism  for  a  user  to
     9  report  to  the social media network any incidents of hateful conduct on
    10  their platform and to receive a response on such report.
    11    5. Any social media platform that knowingly fails to comply  with  the
    12  requirements  of this section shall be assessed a civil penalty for such
    13  violation by the attorney general not to exceed  one  thousand  dollars.
    14  Each  day  such offense shall continue shall constitute a separate addi-
    15  tional violation. In determination of any such violation,  the  attorney
    16  general  shall  be  authorized to take proof and make a determination of
    17  the relevant facts and to issue subpoenas in accordance with  the  civil
    18  practice law and rules.
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.
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