Bill Text: NY S08394 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-26 - REFERRED TO INTERNET AND TECHNOLOGY [S08394 Detail]

Download: New_York-2023-S08394-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8394

                    IN SENATE

                                    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:

     1    Section 1. The general business law is amended by adding a new section
     2  390-f to read as follows:
     3    § 390-f. Content moderation by social  media  networks.  1.  A  social
     4  media network, as defined in this section, that conducts business in the
     5  state,  shall  develop clear, consistent and publicly accessible content
     6  moderation policies which describe:
     7    (a) the type of human moderation used to identify and remove offending
     8  content, including whether or not the platform uses in-house  employees,
     9  community moderators, or third party vendors, the number of languages in
    10  which content moderation is offered, and the extent of local expertise;
    11    (b)  the type of automated tools used to identify and remove offending
    12  content, participation in cross-industry initiatives and how  the  plat-
    13  form responds to content flagged by cross-industry initiatives; and
    14    (c)  the  enforcement  actions that will be taken against any user who
    15  targets content that encourages harm to persons or property.
    16    2. When an enforcement action is taken by a social media network,  the
    17  social  media  network  shall  provide  the  user with a reason for such
    18  action, including the specific content, how to file an appeal, who shall
    19  review the appeal, and how the decision  will  be  communicated  to  the
    20  user.
    21    3. For the purposes of this section:
    22    (a)  "Enforcement  action" shall include, but shall not be limited to,
    23  disqualifying a user from making  money  off  their  content,  decreased
    24  distribution  of  user  content, adding restrictions or warnings to user
    25  posts, or the suspension of a user account.
    26    (b)  "Social  media  network"  means  service  providers,  which,  for
    27  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

     1  enable users to share any content with  other  users  or  to  make  such
     2  content available to the public.
     3    4.  Each  social  media  network  shall  submit an annual transparency
     4  report to the attorney general no later than February first,  two  thou-
     5  sand twenty-six and annually thereafter. Such report shall include:
     6    (a)  the  number  of  requests  received  to remove content or suspend
     7  accounts and whether action was taken;
     8    (b) the overall number of removed content and suspended accounts; and
     9    (c) the error rate for enforcing each content  moderation  policy  and
    10  the error rates for human and algorithm moderation.
    11    5.  Any  social  media network that knowingly fails to comply with the
    12  requirements of this section shall be assessed a civil penalty for  such
    13  violation  by  the  attorney general not to exceed ten thousand dollars.
    14  Each day such offense shall continue shall constitute a  separate  addi-
    15  tional  violation.  In determination of any such violation, the attorney
    16  general shall be authorized to take proof and make  a  determination  of
    17  the  relevant  facts and to issue subpoenas in accordance with the civil
    18  practice law and rules.
    19    § 2. This act shall take effect immediately.