NY State Senate Bill 2023-S8394

Archive: Last Bill Status - In Senate Committee Internet And Technology 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2024	referred to internet and technology

2023-S8394 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §390-f, Gen Bus L

2023-S8394 (ACTIVE) - Summary

Requires that social media networks develop content moderation policies that inform users of how offending content is identified and of enforcement actions against certain content encouraging harm to persons or property; requires notice of procedures for enforcement actions and appeals.

2023-S8394 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8394

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to content moder-
ation by social media networks

 
PURPOSE OR GENERAL IDEA OF BILL:

Protects users from social media content that can be detrimental to the
health and safety of users.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the general business law by adding a new
section 390-f. This section requires social media networks to create
content moderation policies that are publicly accessible. The policies
should describe the type of human and/or automated tools the social
media network uses to moderate content and what enforcement actions the
social media network takes against users who target content that encour-
ages harm to a person or property.

Enforcement actions can include disqualifying users who market this
content, decreasing distribution of the user's content, adding
restrictions or warnings on the user's posts, or suspending the account.
When a social media network takes enforcement action against a user, the
user will be provided with the reason for such action and information on
how to appeal.

Each social media network must submit a transparency report to the
attorney general including the number of requests to remove content or
suspend accounts, overall number of removed content and suspended
accounts and the error rate for human and algorithm moderation.

Knowingly failing to comply with this section will result in a civil
penalty not to exceed ten thousand dollars.

Section 2 states the effective date.

 
JUSTIFICATION:

Social media networks allow for the exposure of dangerous content to
users. On some social media networks, when a user has surpassed a
certain number of followers, the user may be financially compensated by
the social media network. This encourages users to post content that
will go viral.

Some of the most popular content includes online challenges that encour-
age users to ingest chemicals or large amounts of food products that may
cause harm in excess (i.e. the cinnamon challenge, tide pod challenge),
violence (guns, gangs, self-harm) and thus create volatile environments
for all users. Algorithms created by social media networks will notice
that this dangerous content is popular and recommend other videos or
content that is similar. It wouldn't take long for a user to only be
exposed to dangerous or violent content.  In some cases, this has the
result of radicalization.


Such content can be removed by the social media network based on
violations of their conduct rules, yet the repercussions for users who
are also involved, lack depth. There needs to be increased incentives
for social media networks to moderate the content being exposed to
users; not just for that singular person but for the ripple effect they
can have in society. Users need to understand that they have an
increased responsibility to those who follow them and to protect their
well-being.

This bill will provide stronger guidelines and penalties for those who
do not comply with the increased protections for online users.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2023-S8394 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8394
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 content  moder-
   ation by social media networks
 
   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
 390-f to read as follows:
   § 390-F. CONTENT MODERATION BY SOCIAL  MEDIA  NETWORKS.  1.  A  SOCIAL
 MEDIA NETWORK, AS DEFINED IN THIS SECTION, THAT CONDUCTS BUSINESS IN THE
 STATE,  SHALL  DEVELOP CLEAR, CONSISTENT AND PUBLICLY ACCESSIBLE CONTENT
 MODERATION POLICIES WHICH DESCRIBE:
   (A) THE TYPE OF HUMAN MODERATION USED TO IDENTIFY AND REMOVE OFFENDING
 CONTENT, INCLUDING WHETHER OR NOT THE PLATFORM USES IN-HOUSE  EMPLOYEES,
 COMMUNITY MODERATORS, OR THIRD PARTY VENDORS, THE NUMBER OF LANGUAGES IN
 WHICH CONTENT MODERATION IS OFFERED, AND THE EXTENT OF LOCAL EXPERTISE;
   (B)  THE TYPE OF AUTOMATED TOOLS USED TO IDENTIFY AND REMOVE OFFENDING
 CONTENT, PARTICIPATION IN CROSS-INDUSTRY INITIATIVES AND HOW  THE  PLAT-
 FORM RESPONDS TO CONTENT FLAGGED BY CROSS-INDUSTRY INITIATIVES; AND
   (C)  THE  ENFORCEMENT  ACTIONS THAT WILL BE TAKEN AGAINST ANY USER WHO
 TARGETS CONTENT THAT ENCOURAGES HARM TO PERSONS OR PROPERTY.
   2. WHEN AN ENFORCEMENT ACTION IS TAKEN BY A SOCIAL MEDIA NETWORK,  THE
 SOCIAL  MEDIA  NETWORK  SHALL  PROVIDE  THE  USER WITH A REASON FOR SUCH
 ACTION, INCLUDING THE SPECIFIC CONTENT, HOW TO FILE AN APPEAL, WHO SHALL
 REVIEW THE APPEAL, AND HOW THE DECISION  WILL  BE  COMMUNICATED  TO  THE
 USER.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A)  "ENFORCEMENT  ACTION" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
 DISQUALIFYING A USER FROM MAKING  MONEY  OFF  THEIR  CONTENT,  DECREASED
 DISTRIBUTION  OF  USER  CONTENT, ADDING RESTRICTIONS OR WARNINGS TO USER
 POSTS, OR THE SUSPENSION OF A USER ACCOUNT.
   (B)  "SOCIAL  MEDIA  NETWORK"  MEANS  SERVICE  PROVIDERS,  WHICH,  FOR
 PROFIT-MAKING  PURPOSES, OPERATE INTERNET PLATFORMS THAT ARE DESIGNED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14119-03-4

 S. 8394                             2
 
 ENABLE USERS TO SHARE ANY CONTENT WITH  OTHER  USERS  OR  TO  MAKE  SUCH
 CONTENT AVAILABLE TO THE PUBLIC.
   4.  EACH  SOCIAL  MEDIA  NETWORK  SHALL  SUBMIT AN ANNUAL TRANSPARENCY
 REPORT TO THE ATTORNEY GENERAL NO LATER THAN FEBRUARY FIRST,  TWO  THOU-
 SAND TWENTY-SIX AND ANNUALLY THEREAFTER. SUCH REPORT SHALL INCLUDE:
   (A)  THE  NUMBER  OF  REQUESTS  RECEIVED  TO REMOVE CONTENT OR SUSPEND
 ACCOUNTS AND WHETHER ACTION WAS TAKEN;
   (B) THE OVERALL NUMBER OF REMOVED CONTENT AND SUSPENDED ACCOUNTS; AND
   (C) THE ERROR RATE FOR ENFORCING EACH CONTENT  MODERATION  POLICY  AND
 THE ERROR RATES FOR HUMAN AND ALGORITHM MODERATION.
   5.  ANY  SOCIAL  MEDIA NETWORK 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 TEN 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 immediately.

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Senate Bill S8394

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Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

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2023-S8394 (ACTIVE) - Details

2023-S8394 (ACTIVE) - Summary

2023-S8394 (ACTIVE) - Sponsor Memo

2023-S8394 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin Thomas

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Actions

2023-S8394 (ACTIVE) - Details

2023-S8394 (ACTIVE) - Summary

2023-S8394 (ACTIVE) - Sponsor Memo

2023-S8394 (ACTIVE) - Bill Text download pdf

Comments