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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 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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.
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