NY State Assembly Bill 2021-A7864A

Assembly Bill A7864A

2021-2022 Legislative Session

Requires social media networks to provide and maintain mechanisms for reporting election misinformation on their platform

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to science and technology
Jun 09, 2021	print number 7864a
Jun 09, 2021	amend and recommit to science and technology
May 28, 2021	referred to science and technology

Bill Amendments

Original

A (Active)

2021-A7864 - Details

See Senate Version of this Bill:: S4531
Current Committee:: Assembly Science And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2021-A7864 - Summary

Requires social media networks to provide and maintain mechanisms for reporting election misinformation on their platform.

2021-A7864 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7864
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- 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 networks to provide and maintain mechanisms for reporting
   election misinformation on their platform

   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-ccc to read as follows:
   § 394-CCC. SOCIAL MEDIA NETWORKS; ELECTION MISINFORMATION  PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A)  "ELECTION  MISINFORMATION"  MEANS  A  PUBLIC  EXPRESSION,  EITHER
 VERBALLY, IN WRITING OR THROUGH IMAGES, WHICH INTENTIONALLY IS  MISLEAD-
 ING ABOUT A FEDERAL, STATE OR LOCAL ELECTION.
   (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 SHALL PROVIDE AND MAINTAIN A CLEAR AND EASI-
 LY  ACCESSIBLE  MECHANISM  FOR  INDIVIDUAL  USERS  TO  REPORT  AND  MAKE
 COMPLAINTS  OF ELECTION MISINFORMATION.  SUCH MECHANISM SHALL BE CLEARLY
 ACCESSIBLE TO USERS OF SUCH NETWORK AND  EASILY  ACCESSED  FROM  BOTH  A
 SOCIAL MEDIA NETWORKS' APPLICATION AND WEBSITE.
   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 INCI-
 DENTS OF ELECTION MISINFORMATION WHICH HAVE BEEN REPORTED.  SUCH  POLICY
 SHALL  INCLUDE A MECHANISM TO ALLOW SUCH SOCIAL MEDIA NETWORK TO PROVIDE
 A DIRECT RESPONSE TO ANY INDIVIDUAL WHO HAS REPORTED  POSSIBLE  ELECTION
 MISINFORMATION  AND  INFORM  SUCH  INDIVIDUAL  HOW  THE  MATTER IS BEING
 HANDLED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08342-02-1

2021-A7864A (ACTIVE) - Details

See Senate Version of this Bill:: S4531
Current Committee:: Assembly Science And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2021-A7864A (ACTIVE) - Summary

Requires social media networks to provide and maintain mechanisms for reporting election misinformation on their platform.

2021-A7864A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7864--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Science and  Technology  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   social media networks to provide and maintain mechanisms for reporting
   election misinformation on their platform
 
   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-ccc to read as follows:
   §  394-CCC. SOCIAL MEDIA NETWORKS; ELECTION MISINFORMATION PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A)  "ELECTION  MISINFORMATION"  MEANS  A  PUBLIC  EXPRESSION,  EITHER
 VERBALLY,  IN WRITING OR THROUGH IMAGES, WHICH INTENTIONALLY IS MISLEAD-
 ING ABOUT A FEDERAL, STATE OR LOCAL ELECTION.
   (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  INDI-
 VIDUAL USERS TO REPORT INCIDENTS OF ELECTION MISINFORMATION.  SUCH MECH-
 ANISM  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 ELECTION MISINFORMATION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08342-05-1

 A. 7864--A                          2
 
 INCLUDES  HOW  SUCH  SOCIAL  MEDIA  NETWORK WILL RESPOND AND ADDRESS THE
 REPORTS OF INCIDENTS OF ELECTION MISINFORMATION 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 ELECTION MISINFORMA-
 TION 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  ADDI-
 TIONAL  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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