NY State Senate Bill 2021-S4512A

Senate Bill S4512A

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Internet And Technology 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 internet and technology
Jun 02, 2021	print number 4512a
Jun 02, 2021	amend and recommit to internet and technology
Feb 05, 2021	referred to internet and technology

Bill Amendments

Original

A (Active)

2021-S4512 - Details

See Assembly Version of this Bill:: A7581
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2021-S4512 - Summary

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

2021-S4512 - Sponsor Memo

                                
 
BILL NUMBER: S4512

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
social media networks to provide and maintain mechanisms for reporting
vaccine misinformation on their platform

 
PURPOSE:

This legislation would require social media networks to provide and
maintain mechanisms for reporting vaccine misinformation on their plat-
form

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the general business law. Specifically
this legislation defines vaccine misinformation as a public expression,
either verbally, in writing or through images, which intentionally is
misleading about vaccines, vaccine side effects, vaccine compo-

nents,vaccine efficacy, the relationship between illness and vaccines,
or any other substantive information as it relates to vaccines.

This section also defines social media networks, and requires them to
maintain a mechanism for individual users to report and make complaints
of vaccine misinformation. These mechanisms shall be clearly accessible
to users and must be easily accessed from both apps and websites
Further, Each social media network will have to create a clear and
concise policy which includes how a social media network will respond
and address incidents of vaccine misinformation which have been
reported. Such policy shall include a mechanism to provide a direct
response to an individual who has reported possible vaccine misinforma-
tion and how the matter is being handled.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation is part of a package aimed at addressing concerns about
misinformation that is spread on social media networks. New Yorkers are
all familiar with the expression if you see something, say something,"
but unfortunately many virtual social media platforms make the process
of "saying something" confusing at best, and impossible at worst. This
legislation seeks to empower users of social media to keep virtual spac-
es safer for all by providing clear and consistent reporting mechanisms
for instances of vaccine misinformation.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

2021-S4512 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4512
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  requiring
   social media networks to provide and maintain mechanisms for reporting
   vaccine 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; VACCINE  MISINFORMATION  PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "VACCINE MISINFORMATION" MEANS A PUBLIC EXPRESSION, EITHER VERBAL-
 LY,  IN  WRITING  OR  THROUGH  IMAGES, WHICH INTENTIONALLY IS MISLEADING
 ABOUT VACCINES, VACCINE SIDE EFFECTS, VACCINE COMPONENTS, VACCINE  EFFI-
 CACY,  THE  RELATIONSHIP  BETWEEN  ILLNESS  AND  VACCINES,  OR ANY OTHER
 SUBSTANTIVE INFORMATION AS IT RELATES TO VACCINES.
   (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 VACCINE 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  VACCINE  MISINFORMATION WHICH HAVE BEEN REPORTED. SUCH POLICY
 SHALL INCLUDE A MECHANISM TO ALLOW SUCH SOCIAL MEDIA NETWORK TO  PROVIDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08384-01-1

 S. 4512                             2
 
 A  DIRECT  RESPONSE  TO ANY INDIVIDUAL WHO HAS REPORTED POSSIBLE VACCINE
 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.

2021-S4512A (ACTIVE) - Details

See Assembly Version of this Bill:: A7581
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2021-S4512A (ACTIVE) - Summary

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

2021-S4512A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4512A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
social media networks to provide and maintain mechanisms for reporting
vaccine misinformation on their platform

 
PURPOSE:

This legislation would require social media networks to provide and
maintain mechanisms for reporting vaccine misinformation on their plat-
form.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the general business law. Specifically
this legislation defines vaccine misinformation as a public expression,
either verbally, in writing or through images, which intentionally is
misleading about vaccines, vaccine side effects, vaccine components,

vaccine efficacy, the relationship between illness and vaccines, or any
other substantive information as it relates to vaccines.

This section also defines social media networks that conduct business in
New York, and requires them to maintain a mechanism for individual users
to report incidents of vaccine misinformation. These mechanisms shall be
clearly accessible to users and must be easily accessed from both apps
and website and allow a social media network to provide a direct
response to any individual reporting vaccine misinformation.  Further,
each social media network will have to create a clear and concise policy
that includes how a social media network will respond and address
reports of incidents of vaccine misinformation which have been reported.
Further this section makes clear that nothing in this section shall be
construed to adversely affect an individual's First Amendment rights.
This Section also allows for a $1,000 a day fine for non-compliance with
the requirements of this section.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation is part of a package aimed at addressing concerns about
misinformation that is spread on social media networks. New Yorkers are
all familiar with the expression if you see something, say something,"
but unfortunately many virtual social media platforms make the process
of "saying something" confusing at best, and impossible at worst. This
legislation seeks to empower users of social media to keep virtual spac-
es safer for all by providing clear and consistent reporting mechanisms
for instances of vaccine misinformation.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

2021-S4512A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4512--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet 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
   vaccine 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; VACCINE MISINFORMATION PROHIBITED.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "VACCINE MISINFORMATION" MEANS A PUBLIC EXPRESSION, EITHER VERBAL-
 LY, IN WRITING OR THROUGH  IMAGES,  WHICH  INTENTIONALLY  IS  MISLEADING
 ABOUT  VACCINES, VACCINE SIDE EFFECTS, VACCINE COMPONENTS, VACCINE EFFI-
 CACY, THE RELATIONSHIP  BETWEEN  ILLNESS  AND  VACCINES,  OR  ANY  OTHER
 SUBSTANTIVE INFORMATION AS IT RELATES TO VACCINES.
   (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 VACCINE 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 VACCINE MISINFORMATION INFORMING THEM  OF  HOW  THE
 MATTER IS BEING HANDLED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08384-03-1

 S. 4512--A                          2
 
   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 VACCINE 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 VACCINE 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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