The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7581--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 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
   vaccine 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; VACCINE MISINFORMATION PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "VACCINE MISINFORMATION" MEANS A PUBLIC EXPRESSION, EITHER VERBAL-
 LY, IN WRITING OR THROUGH  IMAGES,  WHICH  INTENTIONALLY  IS  MISLEADING
 ABOUT  VACCINES, VACCINE SIDE EFFECTS, VACCINE COMPONENTS, VACCINE EFFI-
 CACY, THE RELATIONSHIP  BETWEEN  ILLNESS  AND  VACCINES,  OR  ANY  OTHER
 SUBSTANTIVE INFORMATION AS IT RELATES TO VACCINES.
   (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 VACCINE 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 VACCINE MISINFORMATION INFORMING THEM  OF  HOW  THE
 MATTER IS BEING HANDLED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08384-04-1

 A. 7581--A                          2
 
   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 THE
 REPORTS OF INCIDENTS OF VACCINE 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 VACCINE 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.