N.Y. General Business Law § 394-ccc: Social media networks; hateful conduct prohibited

§ 394-ccc. Social media networks; hateful conduct prohibited. 1. As

used in this section, the following terms shall have the following

meanings:

(a) "Hateful conduct" means 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.

(b) "Social media network" means service providers, which, for

profit-making purposes, operate internet platforms that are designed to

enable users to share any content with other users or to make such

content available to the public.

2. A social media network that conducts business in the state, shall

provide and maintain a clear and easily accessible mechanism for

individual users to report incidents of hateful conduct. Such mechanism

shall be clearly accessible to users of such network and easily accessed

from both a social media networks' application and website, and shall

allow the social media network to provide a direct response to any

individual reporting hateful conduct informing them of how the matter is

being handled.

3. Each social media network shall have a clear and concise policy

readily available and accessible on their website and application which

includes how such social media network will respond and address the

reports of incidents of hateful conduct on their platform.

4. Nothing in this section shall be construed (a) as an obligation

imposed on a social media network that adversely affects the rights or

freedoms of any persons, such as exercising the right of free speech

pursuant to the first amendment to the United States Constitution, or

(b) to add to or increase liability of a social media network for

anything other than the failure to provide a mechanism for a user to

report to the social media network any incidents of hateful conduct on

their platform and to receive a response on such report.

5. Any social media platform that knowingly fails to comply with the

requirements of this section shall be assessed a civil penalty for such

violation by the attorney general not to exceed one thousand dollars.

Each day such offense shall continue shall constitute a separate

additional violation. In determination of any such violation, the

attorney general shall be authorized to take proof and make a

determination of the relevant facts and to issue subpoenas in accordance

with the civil practice law and rules.