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This entry was published on 2022-12-09
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SECTION 394-CCC
Social media networks; hateful conduct prohibited
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 394-ccc. Social media networks; hateful conduct prohibited. 1. As
used in this section, the following terms shall have the following
meanings:

(a) "Hateful conduct" means 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.

(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
individual 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
individual reporting hateful conduct informing them of how the matter is
being handled.

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
additional 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.