Senate Bill S4531A

                            
 
                     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.