Senate Bill S895

2023-2024 Legislative Session

Requires disclosure of certain social media terms of service

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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Bill Amendments

co-Sponsors

2023-S895 - Details

Current Committee:
Senate Finance
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1104, Gen Bus L

2023-S895 - Summary

Requires social media companies to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service; requires social media companies to submit to the attorney general certain terms of service reports; provides remedies for violations.

2023-S895 - Sponsor Memo

2023-S895 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    895
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   disclosure of certain social media terms of service
 
   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 article
 42 to read as follows:
                                ARTICLE 42
                       SOCIAL MEDIA TERMS OF SERVICE
 SECTION 1100. DEFINITIONS.
         1101. REQUIRED DISCLOSURE OF TERMS OF SERVICE.
         1102. TERMS OF SERVICE REPORT.
         1103. VIOLATIONS AND REMEDIES.
         1104. APPLICATION.
   § 1100. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFI-
 NITIONS APPLY:
   1. "ACTIONED" MEANS A SOCIAL MEDIA COMPANY, THAT DUE TO A SUSPECTED OR
 CONFIRMED VIOLATION OF THE TERMS OF SERVICE,  HAS  TAKEN  SOME  FORM  OF
 ACTION, INCLUDING, BUT NOT LIMITED TO, REMOVAL, DEMONETIZATION, DEPRIOR-
 ITIZATION,  OR  BANNING,  AGAINST  THE RELEVANT USER OR RELEVANT ITEM OF
 CONTENT.
   2. "CONTENT" MEANS STATEMENTS OR COMMENTS MADE BY USERS AND MEDIA THAT
 ARE CREATED, POSTED, SHARED, OR OTHERWISE INTERACTED WITH BY USERS ON AN
 INTERNET-BASED SERVICE OR APPLICATION. "CONTENT" DOES NOT INCLUDE  MEDIA
 PUT  ON  A  SERVICE  OR APPLICATION EXCLUSIVELY FOR THE PURPOSE OF CLOUD
 STORAGE, TRANSMITTING FILES, OR FILE COLLABORATION.
   3.  "PUBLIC  OR  SEMIPUBLIC  INTERNET-BASED  SERVICE  OR  APPLICATION"
 EXCLUDES A SERVICE OR APPLICATION USED TO FACILITATE COMMUNICATION WITH-
 IN  A  BUSINESS OR ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSI-
 NESS OR ENTERPRISE, PROVIDED THAT ACCESS TO THE SERVICE  OR  APPLICATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03659-01-3
              

co-Sponsors

2023-S895A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1104, Gen Bus L

2023-S895A (ACTIVE) - Summary

Requires social media companies to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service; requires social media companies to submit to the attorney general certain terms of service reports; provides remedies for violations.

2023-S895A (ACTIVE) - Sponsor Memo

2023-S895A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  895--A
     Cal. No. 1070
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, FERNANDEZ, MYRIE, SALAZAR, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Internet and Technology --  reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged and said bill  committed  to  the  Committee  on  Rules  --
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   disclosure of certain social media terms of service
 
   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 article
 42 to read as follows:
                                ARTICLE 42
                       SOCIAL MEDIA TERMS OF SERVICE
 SECTION 1100. DEFINITIONS.
         1101. REQUIRED DISCLOSURE OF TERMS OF SERVICE.
         1102. TERMS OF SERVICE REPORT.
         1103. VIOLATIONS AND REMEDIES.
         1104. APPLICATION.
   § 1100. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFI-
 NITIONS APPLY:
   1. "ACTIONED" MEANS A SOCIAL MEDIA COMPANY, THAT DUE TO A SUSPECTED OR
 CONFIRMED VIOLATION OF THE TERMS OF SERVICE,  HAS  TAKEN  SOME  FORM  OF
 ACTION, INCLUDING, BUT NOT LIMITED TO, REMOVAL, DEMONETIZATION, DEPRIOR-
 ITIZATION,  OR  BANNING,  AGAINST  THE RELEVANT USER OR RELEVANT ITEM OF
 CONTENT.
   2. "CONTENT" MEANS STATEMENTS OR COMMENTS MADE BY USERS AND MEDIA THAT
 ARE CREATED, POSTED, LIVESTREAMED, SHARED, OR OTHERWISE INTERACTED  WITH
 BY USERS ON AN INTERNET-BASED SERVICE OR APPLICATION. "CONTENT" DOES NOT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03659-02-3
              

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Brewershettles
2 months ago

Hi. JFK Dem. Danger creating laws deciding people's social lives. You have very good intentions. What is hate speech? Racism? Extremism? Too Extreme? Disinformation? Misinformation? What if we disagree?

If my politics are conservative, is that hate speech? Miss/Dis information as well? And yes, what about Free Speech - your right to say an opinion I do not like or believe in? Who monitors the Monitors?

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.