N.Y. Penal Law § 250.70: Unlawful dissemination of a personal image; definitions, application

§ 250.70 Unlawful dissemination of a personal image; definitions,

application.

1. The following definitions shall apply to section 250.71 of this

article:

(a) "broadcast" means electronically transmitting a visual image with

the intent that it be viewed by a person;

(b) "disseminate" means to give, provide, lend, deliver, mail, send,

forward, transfer or transmit, electronically or otherwise to another

person;

(c) "publish" means to: (i) disseminate, as defined in paragraph (b)

of this subdivision, with the intent that such image or images be

disseminated to ten or more persons; (ii) disseminate with the intent

that such images be sold by another person; (iii) post, present,

display, exhibit, circulate, advertise or allows access, electronically

or otherwise, so as to make an image or images available to the public;

or (iv) disseminate with the intent that an image or images be posted,

presented, displayed, exhibited, circulated, advertised or made

accessible, electronically or otherwise and to make such image or images

available to the public;

(d) "family" means a parent or guardian, sibling, spouse, or child of

a person depicted in an image disseminated in violation of section

250.71 of this article.

(e) "social media platform" means a website, online or mobile

application, or online service that is designed primarily to enable a

user to generate or share content that can be viewed by other users on

the platform or to interact with other user-generated content on such

platform. "Social media platform" does not include a website, online or

mobile application, or online service that is designed primarily to

enable a user to access content on the platform that is not

user-generated and is preselected or organized by the provider; or a

website, online or mobile application, or online service that includes

any chat, comment, or other interactive functionality that is incidental

to the provision of such website, application, or service.

2. The following provisions shall apply to section 250.71 of this

article:

(a) The provisions of section 270.71 of this article shall not apply

to the following:

(i) the reporting of suspected unlawful conduct to law enforcement;

(ii) the dissemination or publication of an image made in the course

of official law enforcement duties, legal proceedings or criminal

prosecution, or medical treatment; or

(iii) the dissemination or publication of an image made for a

legitimate public discourse concerning local, national, or worldwide

events or other matters of public concern or public interest or

affecting the public welfare; any work of public interest, educational

or newsworthy value, including comment, criticism, parody or satire, and

works of entertainment, regardless of the degree of fictionalization; or

an advertisement or commercial announcement for any of the foregoing

works.

(b) Nothing in these sections shall be construed to limit, or to

enlarge, the protections that 47 U.S.C. § 230 confers on an interactive

computer service for content provided by another information content

provider, as such terms are defined in 47 U.S.C. § 230.

3. With respect to section 250.71 of this article, the provisions of

subdivision two of section 235.15 and subdivisions one and two of

section 235.24 of this part shall apply.