NY State Senate Bill 2021-S4531A

Senate Bill S4531A

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 17, 2022	advanced to third reading
May 16, 2022	2nd report cal.
May 11, 2022	1st report cal.1319
Jan 05, 2022	referred to internet and technology
Jun 02, 2021	print number 4531a
Jun 02, 2021	amend and recommit to internet and technology
Feb 05, 2021	referred to internet and technology

Votes

- May 11, 2022 - Internet And Technology Committee Vote
  S4531A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Internet And Technology Committee Vote: May 11, 2022
      
      aye (6)
      
      Mannion
      
      Oberacker
      
      Parker
      
      Ramos
      
      Savino
      
      Thomas
      
      aye wr (1)
      
      Borrello

Bill Amendments

Original

A (Active)

2021-S4531 - Details

See Assembly Version of this Bill:: A7864
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2021-S4531 - Summary

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

2021-S4531 - Sponsor Memo

                                
 
BILL NUMBER: S4531

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would require social media networks to provide and
maintain mechanisms for reporting election misinformation on their plat-
form

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the general business law. Specifically
this legislation defines election misinformation as a public expression,
either verbally, in writing or through images, which intentionally is
misleading about a federal, state, or local election.

This section also defines social media networks, and requires them to
maintain a mechanism for individual users to report and make complaints
of election misinformation. These mechanisms shall be clearly accessible
to users and must be easily accessed from both apps and websites
Further, Each social media network will have to create a clear and
concise policy which includes how a social media network will respond
and address incidents of election misinformation which have been
reported. Such policy shall include a mechanism to provide a direct
response to an individual who has reported possible election misinforma-
tion and how the matter is being handled.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation is part of a package aimed at addressing concerns about
misinformation that is spread on social media networks. New Yorkers are
all familiar with the expression "If you see something, say something,"
but unfortunately many virtual social media platforms make the process
of "saying something" confusing at best, and impossible at worst. This
legislation seeks to empower users of social media to keep virtual spac-
es safer for all by providing clear and consistent reporting mechanisms
for instances of election misinformation.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

2021-S4531 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4531
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 394-ccc to read as follows:
   § 394-CCC. SOCIAL MEDIA NETWORKS; ELECTION MISINFORMATION  PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A)  "ELECTION  MISINFORMATION"  MEANS  A  PUBLIC  EXPRESSION,  EITHER
 VERBALLY, IN WRITING OR THROUGH IMAGES, WHICH INTENTIONALLY IS  MISLEAD-
 ING ABOUT A FEDERAL, STATE OR LOCAL ELECTION.
   (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 SHALL PROVIDE AND MAINTAIN A CLEAR AND EASI-
 LY  ACCESSIBLE  MECHANISM  FOR  INDIVIDUAL  USERS  TO  REPORT  AND  MAKE
 COMPLAINTS  OF ELECTION MISINFORMATION.  SUCH MECHANISM SHALL BE CLEARLY
 ACCESSIBLE TO USERS OF SUCH NETWORK AND  EASILY  ACCESSED  FROM  BOTH  A
 SOCIAL MEDIA NETWORKS' APPLICATION AND WEBSITE.
   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 INCI-
 DENTS OF ELECTION MISINFORMATION WHICH HAVE BEEN REPORTED.  SUCH  POLICY
 SHALL  INCLUDE A MECHANISM TO ALLOW SUCH SOCIAL MEDIA NETWORK TO PROVIDE
 A DIRECT RESPONSE TO ANY INDIVIDUAL WHO HAS REPORTED  POSSIBLE  ELECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08342-02-1

 S. 4531                             2
 
 MISINFORMATION  AND  INFORM  SUCH  INDIVIDUAL  HOW  THE  MATTER IS BEING
 HANDLED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2021-S4531A (ACTIVE) - Details

See Assembly Version of this Bill:: A7864
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2021-S4531A (ACTIVE) - Summary

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

2021-S4531A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4531A

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would require social media networks to provide and
maintain mechanisms for reporting election misinformation on their plat-
form

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the general business law. Specifically
this legislation defines election misinformation as a public expression,
either verbally, in writing or through images, which intentionally is
misleading about a federal, state, or local election.

This section also defines social media networks that conduct business in
New York, and requires them to maintain a mechanism for individual users
to report incidents of election misinformation. These mechanisms shall
be clearly accessible to users and must be easily accessed from both
apps and websites and shall allow social media networks to provide a
direct response to any individual reporting an incident.Further, each
social media network will have to create a clear and concise policy
which includes how a social media network will respond and address inci-
dents of election misinformation which have been reported. This section
also clearly states that nothing in this section shall be construed to
adversely affects the rights and freedoms under the First Amendment.
Further this section also includes a $1,000 fine per day for a social
media network that does not meet the requirements of this section.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation is part of a package aimed at addressing concerns about
misinformation that is spread on social media networks. New Yorkers are
all familiar with the expression "If you see something, say something,"
but unfortunately many virtual social media platforms make the process
of "saying something" confusing at best, and impossible at worst. This
legislation seeks to empower users of social media to keep virtual spac-
es safer for all by providing clear and consistent reporting mechanisms
for instances of election misinformation.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

2021-S4531A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4531--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet 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:
 
   Section 1. The general business law is amended by adding a new section
 394-ccc to read as follows:
   §  394-CCC. SOCIAL MEDIA NETWORKS; ELECTION MISINFORMATION PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A)  "ELECTION  MISINFORMATION"  MEANS  A  PUBLIC  EXPRESSION,  EITHER
 VERBALLY,  IN WRITING OR THROUGH IMAGES, WHICH INTENTIONALLY IS MISLEAD-
 ING ABOUT A FEDERAL, STATE OR LOCAL ELECTION.
   (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  INDI-
 VIDUAL USERS TO REPORT INCIDENTS OF ELECTION MISINFORMATION.  SUCH MECH-
 ANISM  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 ELECTION MISINFORMATION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08342-04-1

 S. 4531--A                          2
 
 INCLUDES  HOW  SUCH  SOCIAL  MEDIA  NETWORK WILL RESPOND AND ADDRESS THE
 REPORTS OF INCIDENTS OF ELECTION MISINFORMATION 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 ELECTION MISINFORMA-
 TION 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  ADDI-
 TIONAL  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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