Assembly Bill A9165

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9165
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced  by M. of A. MAHER -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   social  media  platforms to remove content depicting the violent death
   of a human being
 
   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-cccc to read as follows:
   §  394-CCCC.  SOCIAL  MEDIA  PLATFORMS;  REMOVAL  OF CONTENT DEPICTING
 VIOLENT DEATH. 1. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "SOCIAL MEDIA PLATFORM" SHALL MEAN AN INTERNET WEBSITE OR APPLICA-
 TION THAT:
   (I)  ENABLES  USERS TO CREATE AND SHARE CONTENT OR TO ENGAGE IN SOCIAL
 NETWORKING; AND
   (II) HAS MORE THAN ONE MILLION MONTHLY  ACTIVE  USERS  IN  THE  UNITED
 STATES.
   (B)  "VIOLENT DEATH" SHALL MEAN ANY VIDEO, IMAGE, LIVESTREAM, OR OTHER
 DEPICTION SHOWING THE KILLING OF A HUMAN BEING, WHETHER  INTENTIONAL  OR
 UNINTENTIONAL, THROUGH VIOLENT MEANS.
   (C)  "REMOVE"  SHALL  MEAN  TO  MAKE  SUCH CONTENT INACCESSIBLE TO THE
 PUBLIC AND OTHER USERS OF THE PLATFORM.
   2. A SOCIAL MEDIA PLATFORM THAT CONDUCTS BUSINESS IN THIS STATE  SHALL
 REMOVE OR DISABLE ACCESS TO ANY POST, VIDEO, IMAGE, LIVESTREAM, OR OTHER
 CONTENT  THAT  DEPICTS THE VIOLENT DEATH OF A HUMAN BEING WITHIN TWENTY-
 FOUR HOURS AFTER SUCH PLATFORM  RECEIVES  NOTICE  OR  OTHERWISE  BECOMES
 AWARE OF SUCH CONTENT.
   3.  (A)  SOCIAL MEDIA PLATFORMS SHALL ESTABLISH AND MAINTAIN AN EASILY
 ACCESSIBLE AND EASILY USABLE REPORTING MECHANISM  FOR  USERS  TO  REPORT
 CONTENT THAT MAY DEPICT A VIOLENT DEATH TO THE SOCIAL MEDIA PLATFORM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13770-01-5
              

 A. 9165                             2
 
   (B) SOCIAL MEDIA PLATFORMS SHALL PROVIDE CONFIRMATION TO THE REPORTING
 USER THAT THE REPORT HAS BEEN RECEIVED AND REVIEWED.
   4. THIS SECTION SHALL NOT APPLY TO:
   (A)  CONTENT  DISSEMINATED  BY  LAW  ENFORCEMENT AGENCIES FOR OFFICIAL
 PURPOSES;
   (B) CONTENT THAT HAS BEEN DETERMINED BY THE SOCIAL MEDIA  PLATFORM  TO
 HAVE SUBSTANTIAL VALUE FOR JOURNALISTIC, EDUCATIONAL, OR PUBLIC INTEREST
 PURPOSES,  PROVIDED  THAT  REASONABLE STEPS ARE TAKEN TO OBSCURE GRAPHIC
 DEPICTIONS;
   (C) CONTENT WHERE THE INDIVIDUAL SHOWN, OR  THEIR  NEXT  OF  KIN,  HAS
 EXPRESSLY CONSENTED TO ITS POSTING; OR
   (D) FICTIONAL, COMPUTER-GENERATED, OR OTHERWISE ARTISTIC DEPICTIONS OF
 VIOLENT  DEATH,  INCLUDING  BUT NOT LIMITED TO VIDEO GAMES, FILMS, TELE-
 VISION PROGRAMS, AND OTHER ENTERTAINMENT MEDIA.
   5. THE ATTORNEY GENERAL MAY BRING AN ACTION TO  ENJOIN  VIOLATIONS  OF
 THIS  SECTION  AND TO RECOVER A CIVIL PENALTY OF UP TO ONE HUNDRED THOU-
 SAND DOLLARS FOR EACH DAY A PLATFORM KNOWINGLY FAILS TO REMOVE PROHIBIT-
 ED CONTENT.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OTHER  REMEDIES
 AVAILABLE UNDER LAW.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.