Senate Bill S7275

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7275
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   social media hate speech accountability act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be  cited  as  the  "social
 media hate speech accountability act".
   §  2. The general business law is amended by adding a new section 394-
 ccc to read as follows:
   § 394-CCC. SOCIAL MEDIA NETWORKS; HATE SPEECH PROHIBITED. 1.  AS  USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "HATE SPEECH" MEANS A PUBLIC EXPRESSION, EITHER VERBALLY, IN WRIT-
 ING  OR THROUGH IMAGES, WHICH INTENTIONALLY MAKES AN INSULTING STATEMENT
 ABOUT A GROUP OF PERSONS BECAUSE OF RACE, ETHNICITY, NATIONALITY,  RELI-
 GION OR BELIEFS, SEXUAL ORIENTATION, GENDER IDENTITY OR PHYSICAL, MENTAL
 OR INTELLECTUAL DISABILITY.
   (B)  "INTERNET  SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS OR ORGAN-
 IZATION QUALIFIED TO DO BUSINESS IN THIS STATE  THAT  PROVIDES  INDIVID-
 UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
 INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN THIS STATE.
   (C) "TELEMEDIA SERVICE PROVIDERS" OR "PROVIDERS" MEANS SERVICE PROVID-
 ERS,  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 THROUGH SOCIAL MEDIA NETWORKS,
 INCLUDING, BUT NOT LIMITED TO  FACEBOOK,  YOUTUBE,  TWITTER,  INSTAGRAM,
 SNAPCHAT, TUMBLR AND FLICKR.
   2.  INTERNET PLATFORMS OFFERING JOURNALISTIC OR EDITORIAL CONTENT, THE
 RESPONSIBILITY FOR WHICH LIES WITH THE SERVICE PROVIDER ITSELF, AND SUCH
 INTERNET PLATFORMS THAT ARE DESIGNED TO ENABLE INDIVIDUAL  COMMUNICATION
 OR  THE  DISSEMINATION  OF  SPECIFIC CONTENT SHALL NOT CONSTITUTE SOCIAL
 MEDIA NETWORKS AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION  ONE  OF  THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14712-03-0

 S. 7275                             2
 
   3. (A) THE PROVIDER OF A SOCIAL MEDIA NETWORK SHALL MAINTAIN AN EFFEC-
 TIVE AND TRANSPARENT PROCEDURE FOR HANDLING COMPLAINTS ABOUT HATE SPEECH
 CONTENT  IN  ACCORDANCE WITH THIS SUBDIVISION. THE PROVIDER SHALL SUPPLY
 USERS WITH AN EASILY RECOGNIZABLE, DIRECTLY ACCESSIBLE, AND  PERMANENTLY
 AVAILABLE PROCEDURE FOR SUBMITTING COMPLAINTS ABOUT HATE SPEECH.
   (B)  SUCH PROCEDURE SHALL ENSURE THAT THE PROVIDER OF THE SOCIAL MEDIA
 NETWORK:
   (I) TAKES IMMEDIATE NOTE OF  THE  COMPLAINT  AND  CHECKS  WHETHER  THE
 CONTENT  REPORTED IN THE COMPLAINT IS HATE SPEECH AND SUBJECT TO REMOVAL
 OR WHETHER ACCESS TO THE CONTENT MUST BE BLOCKED;
   (II) REMOVES OR BLOCKS ACCESS TO CONTENT THAT IS  HATE  SPEECH  WITHIN
 TWENTY-FOUR  HOURS  OF  RECEIVING THE COMPLAINT; THIS SHALL NOT APPLY IF
 THE SOCIAL MEDIA NETWORK HAS REACHED AGREEMENT WITH  THE  COMPETENT  LAW
 ENFORCEMENT  AUTHORITY  ON  A LONGER PERIOD FOR DELETING OR BLOCKING ANY
 HATE SPEECH CONTENT;
   (III) REMOVES OR BLOCKS ACCESS TO ALL HATE SPEECH CONTENT IMMEDIATELY,
 THIS GENERALLY BEING WITHIN SEVEN DAYS OF RECEIVING THE  COMPLAINT;  THE
 SEVEN DAY TIME LIMIT MAY BE EXCEEDED IF THE DECISION REGARDING THE HATE-
 FULNESS  OF THE CONTENT IS DEPENDENT ON THE FALSITY OF A FACTUAL ALLEGA-
 TION OR IS CLEARLY DEPENDENT ON OTHER  FACTUAL  CIRCUMSTANCES;  IN  SUCH
 CASES,  THE  SOCIAL  MEDIA  NETWORK  CAN GIVE THE USER AN OPPORTUNITY TO
 RESPOND TO THE COMPLAINT BEFORE THE DECISION IS RENDERED; AND
   (IV) IMMEDIATELY NOTIFIES THE PERSON SUBMITTING THE COMPLAINT AND  THE
 USER ABOUT ANY DECISION, WHILE ALSO PROVIDING REASONS FOR ITS DECISION.
   4.  AN  OFFENSE SHALL BE DEEMED TO HAVE BEEN COMMITTED BY ANY PROVIDER
 WHO, INTENTIONALLY OR NEGLIGENTLY FAILS TO:
   (A) PROVIDE, TO PROVIDE CORRECTLY OR TO PROVIDE COMPLETELY,  A  PROCE-
 DURE  MENTIONED  THEREIN  FOR DEALING WITH COMPLAINTS SUBMITTED BY USERS
 WHOSE PLACE OF RESIDENCE IS LOCATED IN NEW YORK STATE;
   (B) SUPPLY A PROCEDURE MENTIONED THEREIN OR TO SUPPLY  SUCH  PROCEDURE
 CORRECTLY; OR
   (C)  MONITOR THE HANDLING OF COMPLAINTS OR TO MONITOR SUCH HANDLING OF
 COMPLAINTS CORRECTLY.
   5.  (A) THE ATTORNEY GENERAL MAY BRING AN ACTION  AGAINST  A  PROVIDER
 THAT VIOLATES THE PROVISIONS OF THIS SECTION:
   (I) TO ENJOIN FURTHER VIOLATION OF THE PROVISIONS OF THIS SECTION; AND
   (II)  TO  RECOVER  UP TO ONE MILLION DOLLARS FOR ANY VIOLATION OF THIS
 SECTION, INCLUDING ANY OFFENSE NOT COMMITTED IN THIS STATE.
   (B) IN AN ACTION UNDER SUBPARAGRAPH (II)  OF  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  A  COURT  MAY  INCREASE  THE DAMAGES UP TO THREE TIMES THE
 DAMAGES ALLOWED BY SUCH PARAGRAPH WHERE THE DEFENDANT HAS BEEN FOUND  TO
 HAVE  ENGAGED  IN  A PATTERN AND PRACTICE OF VIOLATING THE PROVISIONS OF
 THIS SECTION.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT  ANY  RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR COMMON LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.