NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7865A
SPONSOR: Fahy TITLE OF BILL:
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
PURPOSE:
This legislation would require social media networks to provide and
maintain mechanisms for reporting hateful conduct on their platform
SUMMARY OF PROVISIONS:
Section 1 adds a new section to the general business law. Specifically
this legislation defines hateful conduct to mean the use of a social
media network to vilify, humiliate, or incite violence against a group,
or a class of persons on the basis of race, color, religion, ethnicity,
national origin, disability, sex, sexual orientation, gender identity or
gender expression.
This section also defines social media networks, and requires a social
media network that conducts business in New York to provide and maintain
a clear and easily accessible mechanism for individual users to report
and make complaints of hateful conduct. These mechanisms shall be clear-
ly accessible to users, must be easily accessed from both apps and
websites, and shall allow the social media network to provide a direct
response to any individual reporting hateful conduct. Further, each
social media network will have to create a clear and concise policy that
includes how a social media network will respond and address incidents
of hateful conduct which have been reported. This section also makes it
clear that nothing in this section shall be construed as adversely
affecting the rights and freedoms of any person to exercise their First
Amendment right. Any social media platform that knowingly fails to
comply with these requirements shall be assessed a civil penalty of not
more than $1,000 per day.
Section 2 is the effective date.
JUSTIFICATION:
This legislation is part of a package aimed at addressing concerns about
misinformation that is spread on social media networks. New Yorkers are
all familiar with the expression "If you see something, say something,"
but unfortunately many virtual social media platforms make the process
of "saying something" confusing at best, and impossible at worst. This
legislation seeks to empower users of social media to keep virtual spac-
es safer for all by providing clear and consistent reporting mechanisms
for instances of hateful conduct.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.
