NY State Senate Bill S4511

Archive: Last Bill Status Via A7865 - Signed by Governor

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

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2022	signed chap.204
Jun 03, 2022	delivered to governor
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1318 substituted for s4511a
Jun 02, 2022	substituted by a7865a
May 17, 2022	advanced to third reading
May 16, 2022	2nd report cal.
May 11, 2022	1st report cal.1318
Jan 05, 2022	referred to internet and technology
Jun 02, 2021	print number 4511a
Jun 02, 2021	amend (t) and recommit to internet and technology
Feb 05, 2021	referred to internet and technology

Votes

view votes

Jun 2, 2022 - floor Vote

A7865A

floor

Aye

Nay

Absent

Excused

Abstained

May 11, 2022 - Internet and Technology committee Vote

S4511A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: May 11, 2022

aye (6)

aye wr (1)

Borrello

Bill Amendments

Original

A (Active)

Original

A (Active)

S4511 - Details

See Assembly Version of this Bill:: A7865
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

S4511 - Summary

Requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platform.

S4511 - Sponsor Memo

 
BILL NUMBER: S4511

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
hate speech on their platform

 
PURPOSE:

This legislation would require social media networks to provide and
maintain mechanisms for reporting hate speech on their platform

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the general business law. Specifically
this legislation defines hate speech as a public expression, either
verbally, in writing or through images, which intentionally makes a
statement about a group of persons because of race, ethnicity, national-
ity, religion or beliefs, sexual orientation, gender identity or phys-

ical, mental or intellectual disability.

This section also defines social media networks, and requires them to
maintain a mechanism for individual users to report and make complaints
of hate speech. 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 inci-
dents of hate speech which have been reported. Such policy shall include
a mechanism to provide a direct response to an individual who has
reported possible hate speech 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 hate speech

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

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

S4511 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4511
 
                        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
   hate speech 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; 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 A STATEMENT ABOUT A
 GROUP OF PERSONS BECAUSE OF RACE, ETHNICITY,  NATIONALITY,  RELIGION  OR
 BELIEFS,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR PHYSICAL, MENTAL OR
 INTELLECTUAL DISABILITY.
   (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 HATE SPEECH. 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 HATE SPEECH WHICH HAVE BEEN REPORTED. SUCH POLICY SHALL INCLUDE
 A MECHANISM TO ALLOW SUCH SOCIAL  MEDIA  NETWORK  TO  PROVIDE  A  DIRECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05900-03-1

 S. 4511                             2
 
 RESPONSE  TO  ANY  INDIVIDUAL  WHO HAS REPORTED POSSIBLE HATE SPEECH 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.

Co-Sponsors

S4511A (ACTIVE) - Details

See Assembly Version of this Bill:: A7865
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

S4511A (ACTIVE) - Summary

Requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platform.

S4511A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4511A

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
hateful conduct on their platform

 
PURPOSE:

This legislation would require social media networks to provide and
maintain mechanisms for reporting hateful conduct on their platform

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the general business law. Specifically
this legislation defines hateful conduct to mean the use of a social
media network to vilify, humiliate, or incite violence against a group,
or a class of persons on the basis of race, color, religion, ethnicity,
national origin, disability, sex, sexual orientation, gender identity or

gender expression.

This section also defines social media networks, and requires a social
media network that conducts business in New York to provide and maintain
a clear and easily accessible mechanism for individual users to report
and make complaints of hateful conduct. These mechanisms shall be clear-
ly accessible to users, must be easily accessed from both apps and
websites, and shall allow the social media network to provide a direct
response to any individual reporting hateful conduct. Further, each
social media network will have to create a clear and concise policy that
includes how a social media network will respond and address incidents
of hateful conduct which have been reported. This section also makes it
clear that nothing in this section shall be construed as adversely
affecting the rights and freedoms of any person to exercise their First
Amendment right. Any social media platform that knowingly fails to
comply with these requirements shall be assessed a civil penalty of not
more than $1,000 per day.

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 hateful conduct.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

S4511A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4511--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
   hateful conduct 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; HATEFUL CONDUCT PROHIBITED. 1. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "HATEFUL CONDUCT" MEANS THE USE OF A SOCIAL MEDIA NETWORK TO VILI-
 FY, HUMILIATE, OR INCITE VIOLENCE AGAINST A GROUP OR A CLASS OF  PERSONS
 ON THE BASIS OF RACE, COLOR, RELIGION, ETHNICITY, NATIONAL ORIGIN, DISA-
 BILITY, SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION.
   (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  HATEFUL  CONDUCT.  SUCH  MECHANISM
 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 INDI-
 VIDUAL REPORTING HATEFUL CONDUCT 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.
                                                            LBD05900-05-1

 S. 4511--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 HATEFUL CONDUCT 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 HATEFUL CONDUCT 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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The New York State Senate

senate Bill S4511

Sponsored By

Archive: Last Bill Status Via A7865 - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

May 11, 2022 - Internet and Technology committee Vote

Committee Vote: May 11, 2022

Bill Amendments

S4511 - Details

S4511 - Summary

S4511 - Sponsor Memo

S4511 - Bill Text download pdf

Co-Sponsors

S4511A (ACTIVE) - Details

S4511A (ACTIVE) - Summary

S4511A (ACTIVE) - Sponsor Memo

S4511A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4511

Share this bill

Sponsored By

Anna M. Kaplan

Archive: Last Bill Status Via A7865 - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2022 - floor Vote

Floor Vote: Jun 2, 2022

May 11, 2022 - Internet and Technology committee Vote

Committee Vote: May 11, 2022

Bill Amendments

S4511 - Details

S4511 - Summary

S4511 - Sponsor Memo

S4511 - Bill Text download pdf

Co-Sponsors

Samra G. Brouk

James Gaughran

Timothy M. Kennedy

John C. Liu

S4511A (ACTIVE) - Details

S4511A (ACTIVE) - Summary

S4511A (ACTIVE) - Sponsor Memo

S4511A (ACTIVE) - Bill Text download pdf

Comments