N.Y. General Business Law § 1100: Definitions

§ 1100. Definitions. For purposes of this article, the following

definitions apply:

1. "Actioned" means a social media company, that due to a suspected or

confirmed violation of the terms of service, has taken some form of

action, including, but not limited to, removal, demonetization,

deprioritization, or banning, against the relevant user or relevant item

of content.

2. "Content" means statements or comments made by users and media that

are created, posted, livestreamed, shared, or otherwise interacted with

by users on an internet-based service or application. "Content" does not

include media put on a service or application exclusively for the

purpose of cloud storage, transmitting files, or file collaboration.

3. "Public or semipublic internet-based service or application"

excludes a service or application used to facilitate communication

within a business or enterprise among employees or affiliates of the

business or enterprise, provided that access to the service or

application is restricted to employees or affiliates of the business or

enterprise using the service or application.

4. "Social media company" means a person or entity that owns or

operates one or more social media platforms.

5. "Social media platform" means a public or semipublic internet-based

service or application that has users in New York and that meets both of

the following criteria:

(a) A substantial function of the service or application is to connect

users in order to allow users to interact socially with each other

within the service or application. A service or application that

provides email or direct messaging services shall not be considered to

meet this criterion on the basis of that function alone.

(b) The service or application allows users to do all of the

following:

(i) construct a public or semipublic profile for purposes of signing

into and using the service or application;

(ii) populate a list of other users with whom an individual shares a

social connection within the system; and

(iii) create or post content viewable or audible by other users,

including, but not limited to, livestreams, on message boards, in chat

rooms, or through a landing page or main feed that presents the user

with content generated by other users.

6. "Terms of service" means a policy or set of policies adopted by a

social media company that specifies, at least, the user behavior and

activities that are permitted on the internet-based service owned or

operated by the social media company, and the user behavior and

activities that may subject the user or an item of content to being

actioned.