Bill Text: NY S07275 | 2019-2020 | General Assembly | Introduced
Bill Title: Enacts the "social media hate speech accountability act"; prohibits hate speech on internet platforms and social media networks; defines terms; provides that the provider of a social media network shall maintain an effective and transparent procedure for handling complaints about hate speech content; authorizes attorney general enforcement; further authorizes up to one million dollars for a violation; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-15 - REFERRED TO CONSUMER PROTECTION [S07275 Detail]
Download: New_York-2019-S07275-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7275 IN SENATE January 15, 2020 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to enacting the social media hate speech accountability act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "social 2 media hate speech accountability act". 3 § 2. The general business law is amended by adding a new section 394- 4 ccc to read as follows: 5 § 394-ccc. Social media networks; hate speech prohibited. 1. As used 6 in this section, the following terms shall have the following meanings: 7 (a) "hate speech" means a public expression, either verbally, in writ- 8 ing or through images, which intentionally makes an insulting statement 9 about a group of persons because of race, ethnicity, nationality, reli- 10 gion or beliefs, sexual orientation, gender identity or physical, mental 11 or intellectual disability. 12 (b) "internet service provider" means any person, business or organ- 13 ization qualified to do business in this state that provides individ- 14 uals, corporations, or other entities with the ability to connect to the 15 internet through equipment that is located in this state. 16 (c) "telemedia service providers" or "providers" means service provid- 17 ers, which, for profit-making purposes, operate internet platforms that 18 are designed to enable users to share any content with other users or to 19 make such content available to the public through social media networks, 20 including, but not limited to Facebook, YouTube, Twitter, Instagram, 21 Snapchat, Tumblr and Flickr. 22 2. Internet platforms offering journalistic or editorial content, the 23 responsibility for which lies with the service provider itself, and such 24 internet platforms that are designed to enable individual communication 25 or the dissemination of specific content shall not constitute social 26 media networks as defined in paragraph (c) of subdivision one of this 27 section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14712-03-0S. 7275 2 1 3. (a) The provider of a social media network shall maintain an effec- 2 tive and transparent procedure for handling complaints about hate speech 3 content in accordance with this subdivision. The provider shall supply 4 users with an easily recognizable, directly accessible, and permanently 5 available procedure for submitting complaints about hate speech. 6 (b) Such procedure shall ensure that the provider of the social media 7 network: 8 (i) takes immediate note of the complaint and checks whether the 9 content reported in the complaint is hate speech and subject to removal 10 or whether access to the content must be blocked; 11 (ii) removes or blocks access to content that is hate speech within 12 twenty-four hours of receiving the complaint; this shall not apply if 13 the social media network has reached agreement with the competent law 14 enforcement authority on a longer period for deleting or blocking any 15 hate speech content; 16 (iii) removes or blocks access to all hate speech content immediately, 17 this generally being within seven days of receiving the complaint; the 18 seven day time limit may be exceeded if the decision regarding the hate- 19 fulness of the content is dependent on the falsity of a factual allega- 20 tion or is clearly dependent on other factual circumstances; in such 21 cases, the social media network can give the user an opportunity to 22 respond to the complaint before the decision is rendered; and 23 (iv) immediately notifies the person submitting the complaint and the 24 user about any decision, while also providing reasons for its decision. 25 4. An offense shall be deemed to have been committed by any provider 26 who, intentionally or negligently fails to: 27 (a) provide, to provide correctly or to provide completely, a proce- 28 dure mentioned therein for dealing with complaints submitted by users 29 whose place of residence is located in New York state; 30 (b) supply a procedure mentioned therein or to supply such procedure 31 correctly; or 32 (c) monitor the handling of complaints or to monitor such handling of 33 complaints correctly. 34 5. (a) The attorney general may bring an action against a provider 35 that violates the provisions of this section: 36 (i) to enjoin further violation of the provisions of this section; and 37 (ii) to recover up to one million dollars for any violation of this 38 section, including any offense not committed in this state. 39 (b) In an action under subparagraph (ii) of paragraph (a) of this 40 subdivision, a court may increase the damages up to three times the 41 damages allowed by such paragraph where the defendant has been found to 42 have engaged in a pattern and practice of violating the provisions of 43 this section. 44 (c) Nothing in this section shall be construed to restrict any right 45 which any person may have under any other statute or common law. 46 § 3. This act shall take effect on the ninetieth day after it shall 47 have become a law. Effective immediately the addition, amendment and/or 48 repeal of any rule or regulation necessary for the implementation of 49 this act on its effective date are authorized to be made and completed 50 on or before such effective date.
