S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9156
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the general obligations law, in relation to  prohibiting
   the  knowing  and reckless promotion of unlawful or false material and
   providing remedies for the violation of such prohibition
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 article 18-D to read as follows:
 
                               ARTICLE 18-D
       KNOWING AND RECKLESS PROMOTION OF UNLAWFUL OR FALSE MATERIAL
 
 SECTION 18-500. DEFINITIONS.
         18-501. PROHIBITED ACTIVITIES.
         18-502. PUBLIC NUISANCE.
         18-503. ENFORCEMENT.
         18-504. PRIVATE RIGHT OF ACTION.
   § 18-500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  BOTH  "KNOW-
 INGLY"  AND  "RECKLESSLY"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED IN
 SECTION 15.05 OF THE PENAL LAW.
   § 18-501. PROHIBITED ACTIVITIES. NO PERSON, BY CONDUCT EITHER UNLAWFUL
 IN ITSELF OR UNREASONABLE UNDER ALL THE CIRCUMSTANCES,  SHALL  KNOWINGLY
 OR  RECKLESSLY CREATE, MAINTAIN OR CONTRIBUTE TO A CONDITION IN NEW YORK
 STATE THAT ENDANGERS THE SAFETY OR HEALTH  OF  THE  PUBLIC  THROUGH  THE
 PROMOTION  OF  CONTENT, INCLUDING THROUGH THE USE OF ALGORITHMS OR OTHER
 AUTOMATED SYSTEMS THAT PRIORITIZE CONTENT BY A METHOD OTHER THAN  SOLELY
 BY  TIME  AND DATE SUCH CONTENT WAS CREATED, THE PERSON KNOWS OR REASON-
 ABLY SHOULD KNOW:
   1. ADVOCATES FOR THE USE OF FORCE, IS DIRECTED TO INCITING OR  PRODUC-
 ING  IMMINENT  LAWLESS  ACTION,  AND IS LIKELY TO INCITE OR PRODUCE SUCH
 ACTION;
   2. ADVOCATES FOR SELF-HARM, IS DIRECTED TO INCITING OR PRODUCING IMMI-
 NENT SELF-HARM, AND IS LIKELY TO INCITE OR PRODUCE SUCH ACTION; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13897-01-1
 A. 9156                             2
 
   3. INCLUDES A FALSE STATEMENT OF FACT  OR  FRAUDULENT  MEDICAL  THEORY
 THAT IS LIKELY TO ENDANGER THE SAFETY OR HEALTH OF THE PUBLIC.
   §  18-502.  PUBLIC  NUISANCE. 1. A VIOLATION OF SECTION 18-501 OF THIS
 ARTICLE THAT RESULTS IN HARM TO THE PUBLIC SHALL HEREBY BE  DECLARED  TO
 BE A PUBLIC NUISANCE.
   2.  THE  EXISTENCE  OF  A  PUBLIC NUISANCE AS PROVIDED IN THIS SECTION
 SHALL NOT DEPEND ON WHETHER THE PERSON ACTED FOR THE PURPOSE OF  CAUSING
 HARM TO THE PUBLIC.
   §  18-503.  ENFORCEMENT.  WHENEVER  THERE SHALL BE A VIOLATION OF THIS
 ARTICLE, THE ATTORNEY GENERAL, IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW YORK, OR A CITY CORPORATION COUNSEL ON BEHALF OF THE  LOCALITY,  MAY
 BRING AN ACTION IN THE SUPREME COURT OR FEDERAL DISTRICT COURT TO ENJOIN
 AND RESTRAIN SUCH VIOLATIONS AND TO OBTAIN RESTITUTION AND DAMAGES.
   §  18-504.  PRIVATE  RIGHT OF ACTION. ANY PERSON, FIRM, CORPORATION OR
 ASSOCIATION THAT HAS BEEN DAMAGED AS A RESULT  OF  A  PERSON'S  ACTS  OR
 OMISSIONS  IN  VIOLATION  OF  THIS ARTICLE SHALL BE ENTITLED TO BRING AN
 ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS ARTICLE IN THE SUPREME
 COURT OR FEDERAL DISTRICT COURT.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.