Bill Text: NY A07864 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires social media networks to provide and maintain mechanisms for reporting election misinformation on their platform.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to science and technology [A07864 Detail]

Download: New_York-2021-A07864-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7864--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2021
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Science and  Technology  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  general  business law, in relation to requiring
          social media networks to provide and maintain mechanisms for reporting
          election misinformation on their platform

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  394-ccc to read as follows:
     3    §  394-ccc. Social media networks; election misinformation prohibited.
     4  1. As used in this section, the following terms shall have the following
     5  meanings:
     6    (a)  "Election  misinformation"  means  a  public  expression,  either
     7  verbally,  in writing or through images, which intentionally is mislead-
     8  ing about a federal, state or local election.
     9    (b)  "Social  media  network"  means  service  providers,  which,  for
    10  profit-making  purposes, operate internet platforms that are designed to
    11  enable users to share any content with  other  users  or  to  make  such
    12  content available to the public.
    13    2.  A  social  media network that conducts business in the state shall
    14  provide and maintain a clear and easily accessible mechanism  for  indi-
    15  vidual users to report incidents of election misinformation.  Such mech-
    16  anism  shall  be  clearly accessible to users of such network and easily
    17  accessed from both a social media networks' application and website, and
    18  shall allow the social media network to provide a direct response to any
    19  individual reporting election misinformation informing them of  how  the
    20  matter is being handled.
    21    3.  Each  social  media  network shall have a clear and concise policy
    22  readily available and accessible on their website and application  which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08342-05-1
        A. 7864--A                          2

     1  includes  how  such  social  media  network will respond and address the
     2  reports of incidents of election misinformation on their platform.
     3    4.  Nothing  in  this  section shall be construed (a) as an obligation
     4  imposed on a social media network that adversely affects the  rights  or
     5  freedoms  of  any  persons,  such as exercising the right of free speech
     6  pursuant to the first amendment to the United  States  Constitution,  or
     7  (b)  to  add  to  or  increase  liability  of a social media network for
     8  anything other than the failure to provide a mechanism  for  a  user  to
     9  report to the social media network any incidents of election misinforma-
    10  tion on their platform and to receive a response on such report.
    11    5.  Any  social media platform that knowingly fails to comply with the
    12  requirements of this section shall be assessed a civil penalty for  such
    13  violation  by  the  attorney general not to exceed one thousand dollars.
    14  Each day such offense shall continue shall constitute a  separate  addi-
    15  tional  violation.  In determination of any such violation, the attorney
    16  general shall be authorized to take proof and make  a  determination  of
    17  the  relevant  facts and to issue subpoenas in accordance with the civil
    18  practice law and rules.
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.