S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1942
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. GLICK, GIBBS, SEAWRIGHT, DICKENS -- read once and
   referred to the Committee on Judiciary
 
 AN  ACT to amend the general obligations law, in relation to prohibiting
   the knowing and reckless promotion of unlawful or false  material  and
   providing remedies for the violation of such prohibition

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 article 18-D to read as follows:
 
                               ARTICLE 18-D
       KNOWING AND RECKLESS PROMOTION OF UNLAWFUL OR FALSE MATERIAL
 
 SECTION 18-500. DEFINITIONS.
         18-501. PROHIBITED ACTIVITIES.
         18-502. PUBLIC NUISANCE.
         18-503. ENFORCEMENT.
         18-504. PRIVATE RIGHT OF ACTION.
   §  18-500.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, BOTH "KNOW-
 INGLY" AND "RECKLESSLY" SHALL  HAVE  THE  SAME  MEANING  AS  DEFINED  IN
 SECTION 15.05 OF THE PENAL LAW.
   § 18-501. PROHIBITED ACTIVITIES. NO PERSON, BY CONDUCT EITHER UNLAWFUL
 IN  ITSELF  OR UNREASONABLE UNDER ALL THE CIRCUMSTANCES, SHALL KNOWINGLY
 OR RECKLESSLY CREATE, MAINTAIN OR CONTRIBUTE TO A CONDITION IN NEW  YORK
 STATE  THAT  ENDANGERS  THE  SAFETY  OR HEALTH OF THE PUBLIC THROUGH THE
 PROMOTION OF CONTENT, INCLUDING THROUGH THE USE OF ALGORITHMS  OR  OTHER
 AUTOMATED  SYSTEMS THAT PRIORITIZE CONTENT BY A METHOD OTHER THAN SOLELY
 BY TIME AND DATE SUCH CONTENT WAS CREATED, THE PERSON KNOWS  OR  REASON-
 ABLY SHOULD KNOW:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02648-01-3
 A. 1942                             2
 
              

   1.  ADVOCATES FOR THE USE OF FORCE, IS DIRECTED TO INCITING OR PRODUC-
 ING IMMINENT LAWLESS ACTION, AND IS LIKELY TO  INCITE  OR  PRODUCE  SUCH
 ACTION;
   2. ADVOCATES FOR SELF-HARM, IS DIRECTED TO INCITING OR PRODUCING IMMI-
 NENT SELF-HARM, AND IS LIKELY TO INCITE OR PRODUCE SUCH ACTION; OR
   3.  INCLUDES  A  FALSE  STATEMENT OF FACT OR FRAUDULENT MEDICAL THEORY
 THAT IS LIKELY TO ENDANGER THE SAFETY OR HEALTH OF THE PUBLIC.
   § 18-502. PUBLIC NUISANCE. 1. A VIOLATION OF SECTION  18-501  OF  THIS
 ARTICLE  THAT  RESULTS IN HARM TO THE PUBLIC SHALL HEREBY BE DECLARED TO
 BE A PUBLIC NUISANCE.
   2. THE EXISTENCE OF A PUBLIC NUISANCE  AS  PROVIDED  IN  THIS  SECTION
 SHALL  NOT DEPEND ON WHETHER THE PERSON ACTED FOR THE PURPOSE OF CAUSING
 HARM TO THE PUBLIC.
   § 18-503. ENFORCEMENT. WHENEVER THERE SHALL BE  A  VIOLATION  OF  THIS
 ARTICLE, THE ATTORNEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW  YORK,  OR A CITY CORPORATION COUNSEL ON BEHALF OF THE LOCALITY, MAY
 BRING AN ACTION IN THE SUPREME COURT OR FEDERAL DISTRICT COURT TO ENJOIN
 AND RESTRAIN SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   § 18-504. PRIVATE RIGHT OF ACTION. ANY PERSON,  FIRM,  CORPORATION  OR
 ASSOCIATION  THAT  HAS  BEEN  DAMAGED  AS A RESULT OF A PERSON'S ACTS OR
 OMISSIONS IN VIOLATION OF THIS ARTICLE SHALL BE  ENTITLED  TO  BRING  AN
 ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS ARTICLE IN THE SUPREME
 COURT OR FEDERAL DISTRICT COURT.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.