S T A T E O F N E W Y O R K
________________________________________________________________________
895--B
Cal. No. 1554
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, FERNANDEZ, MYRIE, SALAZAR, SEPULVEDA
-- read twice and ordered printed, and when printed to be committed to
the Committee on Internet and Technology -- reported favorably from
said committee and committed to the Committee on Finance -- committee
discharged and said bill committed to the Committee on Rules --
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- recommitted to the Commit-
tee on Internet and Technology in accordance with Senate Rule 6, sec.
8 -- reported favorably from said committee and committed to the
Committee on Finance -- committee discharged and said bill committed
to the Committee on Rules -- ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to requiring
disclosure of certain social media terms of service
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 article
42 to read as follows:
ARTICLE 42
SOCIAL MEDIA TERMS OF SERVICE
SECTION 1100. DEFINITIONS.
1101. REQUIRED DISCLOSURE OF TERMS OF SERVICE.
1102. TERMS OF SERVICE REPORT.
1103. VIOLATIONS AND REMEDIES.
1104. APPLICATION.
§ 1100. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS APPLY:
1. "ACTIONED" MEANS A SOCIAL MEDIA COMPANY, THAT DUE TO A SUSPECTED OR
CONFIRMED VIOLATION OF THE TERMS OF SERVICE, HAS TAKEN SOME FORM OF
ACTION, INCLUDING, BUT NOT LIMITED TO, REMOVAL, DEMONETIZATION, DEPRIOR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03659-04-4
S. 895--B 2
ITIZATION, OR BANNING, AGAINST THE RELEVANT USER OR RELEVANT ITEM OF
CONTENT.
2. "CONTENT" MEANS STATEMENTS OR COMMENTS MADE BY USERS AND MEDIA THAT
ARE CREATED, POSTED, LIVESTREAMED, SHARED, OR OTHERWISE INTERACTED WITH
BY USERS ON AN INTERNET-BASED SERVICE OR APPLICATION. "CONTENT" DOES NOT
INCLUDE MEDIA PUT ON A SERVICE OR APPLICATION EXCLUSIVELY FOR THE
PURPOSE OF CLOUD STORAGE, TRANSMITTING FILES, OR FILE COLLABORATION.
3. "PUBLIC OR SEMIPUBLIC INTERNET-BASED SERVICE OR APPLICATION"
EXCLUDES A SERVICE OR APPLICATION USED TO FACILITATE COMMUNICATION WITH-
IN A BUSINESS OR ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSI-
NESS OR ENTERPRISE, PROVIDED THAT ACCESS TO THE SERVICE OR APPLICATION
IS RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR ENTERPRISE
USING THE SERVICE OR APPLICATION.
4. "SOCIAL MEDIA COMPANY" MEANS A PERSON OR ENTITY THAT OWNS OR OPER-
ATES ONE OR MORE SOCIAL MEDIA PLATFORMS.
5. "SOCIAL MEDIA PLATFORM" MEANS A PUBLIC OR SEMIPUBLIC INTERNET-BASED
SERVICE OR APPLICATION THAT HAS USERS IN NEW YORK AND THAT MEETS BOTH OF
THE FOLLOWING CRITERIA:
(A) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT
USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITH-
IN THE SERVICE OR APPLICATION. A SERVICE OR APPLICATION THAT PROVIDES
EMAIL OR DIRECT MESSAGING SERVICES SHALL NOT BE CONSIDERED TO MEET THIS
CRITERION ON THE BASIS OF THAT FUNCTION ALONE.
(B) THE SERVICE OR APPLICATION ALLOWS USERS TO DO ALL OF THE FOLLOW-
ING:
(I) CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING
INTO AND USING THE SERVICE OR APPLICATION;
(II) POPULATE A LIST OF OTHER USERS WITH WHOM AN INDIVIDUAL SHARES A
SOCIAL CONNECTION WITHIN THE SYSTEM; AND
(III) CREATE OR POST CONTENT VIEWABLE OR AUDIBLE BY OTHER USERS,
INCLUDING, BUT NOT LIMITED TO, LIVESTREAMS, ON MESSAGE BOARDS, IN CHAT
ROOMS, OR THROUGH A LANDING PAGE OR MAIN FEED THAT PRESENTS THE USER
WITH CONTENT GENERATED BY OTHER USERS.
6. "TERMS OF SERVICE" MEANS A POLICY OR SET OF POLICIES ADOPTED BY A
SOCIAL MEDIA COMPANY THAT SPECIFIES, AT LEAST, THE USER BEHAVIOR AND
ACTIVITIES THAT ARE PERMITTED ON THE INTERNET-BASED SERVICE OWNED OR
OPERATED BY THE SOCIAL MEDIA COMPANY, AND THE USER BEHAVIOR AND ACTIV-
ITIES THAT MAY SUBJECT THE USER OR AN ITEM OF CONTENT TO BEING ACTIONED.
§ 1101. REQUIRED DISCLOSURE OF TERMS OF SERVICE. 1. A SOCIAL MEDIA
COMPANY SHALL POST TERMS OF SERVICE FOR EACH SOCIAL MEDIA PLATFORM OWNED
OR OPERATED BY THE COMPANY IN A MANNER REASONABLY DESIGNED TO INFORM ALL
USERS OF THE SOCIAL MEDIA PLATFORM OF THE EXISTENCE AND CONTENTS OF THE
TERMS OF SERVICE.
2. THE TERMS OF SERVICE POSTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
(A) CONTACT INFORMATION FOR THE PURPOSE OF ALLOWING USERS TO ASK THE
SOCIAL MEDIA COMPANY QUESTIONS ABOUT THE TERMS OF SERVICE;
(B) A DESCRIPTION OF THE PROCESS THAT USERS MUST FOLLOW TO FLAG
CONTENT, GROUPS, OR OTHER USERS THAT THEY BELIEVE VIOLATE THE TERMS OF
SERVICE, AND THE SOCIAL MEDIA COMPANY'S COMMITMENTS ON RESPONSE AND
RESOLUTION TIME; AND
(C) A LIST OF POTENTIAL ACTIONS THE SOCIAL MEDIA COMPANY MAY TAKE
AGAINST AN ITEM OF CONTENT OR A USER, INCLUDING, BUT NOT LIMITED TO,
REMOVAL, DEMONETIZATION, DEPRIORITIZATION, OR BANNING.
3. THE TERMS OF SERVICE POSTED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL BE AVAILABLE IN THE TWELVE MOST COMMON NON-ENGLISH
S. 895--B 3
LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE,
AS OUTLINED IN SECTION TWO HUNDRED TWO-A OF THE EXECUTIVE LAW, IN WHICH
THE SOCIAL MEDIA PLATFORM OFFERS PRODUCT FEATURES, INCLUDING, BUT NOT
LIMITED TO, MENUS AND PROMPTS.
§ 1102. TERMS OF SERVICE REPORT. 1. ON A SEMIANNUAL BASIS IN ACCORD-
ANCE WITH SUBDIVISION TWO OF THIS SECTION, A SOCIAL MEDIA COMPANY SHALL
SUBMIT TO THE ATTORNEY GENERAL A TERMS OF SERVICE REPORT. THE TERMS OF
SERVICE REPORT SHALL INCLUDE, FOR EACH SOCIAL MEDIA PLATFORM OWNED OR
OPERATED BY THE COMPANY, ALL OF THE FOLLOWING:
(A) THE CURRENT VERSION OF THE TERMS OF SERVICE OF THE SOCIAL MEDIA
PLATFORM.
(B) IF A SOCIAL MEDIA COMPANY HAS FILED ITS FIRST REPORT, A COMPLETE
AND DETAILED DESCRIPTION OF ANY CHANGES TO THE TERMS OF SERVICE SINCE
THE PREVIOUS REPORT.
(C) A STATEMENT OF WHETHER THE CURRENT VERSION OF THE TERMS OF SERVICE
DEFINES EACH OF THE FOLLOWING CATEGORIES OF CONTENT, AND, IF SO, THE
DEFINITIONS OF THOSE CATEGORIES, INCLUDING ANY SUBCATEGORIES:
(I) HATE SPEECH OR RACISM;
(II) EXTREMISM OR RADICALIZATION;
(III) DISINFORMATION OR MISINFORMATION;
(IV) HARASSMENT; AND/OR
(V) FOREIGN POLITICAL INTERFERENCE.
(D) A DETAILED DESCRIPTION OF CONTENT MODERATION PRACTICES USED BY THE
SOCIAL MEDIA COMPANY FOR THAT PLATFORM, INCLUDING, BUT NOT LIMITED TO,
ALL OF THE FOLLOWING:
(I) ANY EXISTING POLICIES INTENDED TO ADDRESS THE CATEGORIES OF
CONTENT DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION;
(II) HOW AUTOMATED CONTENT MODERATION SYSTEMS ENFORCE TERMS OF SERVICE
OF THE SOCIAL MEDIA PLATFORM AND WHEN THESE SYSTEMS INVOLVE HUMAN
REVIEW;
(III) HOW THE SOCIAL MEDIA COMPANY RESPONDS TO USER REPORTS OF
VIOLATIONS OF THE TERMS OF SERVICE;
(IV) HOW THE SOCIAL MEDIA COMPANY WOULD REMOVE INDIVIDUAL PIECES OF
CONTENT, USERS, OR GROUPS THAT VIOLATE THE TERMS OF SERVICE, OR TAKE
BROADER ACTION AGAINST INDIVIDUAL USERS OR AGAINST GROUPS OF USERS THAT
VIOLATE THE TERMS OF SERVICE; AND
(V) THE LANGUAGES IN WHICH THE SOCIAL MEDIA PLATFORM DOES NOT MAKE
TERMS OF SERVICE AVAILABLE, BUT DOES OFFER PRODUCT FEATURES, INCLUDING,
BUT NOT LIMITED TO, MENUS AND PROMPTS.
(E) (I) INFORMATION ON CONTENT THAT WAS FLAGGED BY THE SOCIAL MEDIA
COMPANY AS CONTENT BELONGING TO ANY OF THE CATEGORIES DESCRIBED IN PARA-
GRAPH (C) OF THIS SUBDIVISION, INCLUDING ALL OF THE FOLLOWING:
(A) THE TOTAL NUMBER OF FLAGGED ITEMS OF CONTENT;
(B) THE TOTAL NUMBER OF ACTIONED ITEMS OF CONTENT;
(C) THE TOTAL NUMBER OF ACTIONED ITEMS OF CONTENT THAT RESULTED IN
ACTION TAKEN BY THE SOCIAL MEDIA COMPANY AGAINST THE USER OR GROUP OF
USERS RESPONSIBLE FOR THE CONTENT;
(D) THE TOTAL NUMBER OF ACTIONED ITEMS OF CONTENT THAT WERE REMOVED,
DEMONETIZED, OR DEPRIORITIZED BY THE SOCIAL MEDIA COMPANY;
(E) THE NUMBER OF TIMES ACTIONED ITEMS OF CONTENT WERE VIEWED OR HEARD
BY USERS;
(F) THE NUMBER OF TIMES ACTIONED ITEMS OF CONTENT WERE SHARED, AND THE
NUMBER OF USERS THAT VIEWED OR HEARD THE CONTENT BEFORE IT WAS ACTIONED;
AND
S. 895--B 4
(G) THE NUMBER OF TIMES USERS APPEALED SOCIAL MEDIA COMPANY ACTIONS
TAKEN ON THAT PLATFORM AND THE NUMBER OF REVERSALS OF SOCIAL MEDIA
COMPANY ACTIONS ON APPEAL DISAGGREGATED BY EACH TYPE OF ACTION.
(II) ALL INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH
SHALL BE DISAGGREGATED INTO THE FOLLOWING CATEGORIES:
(A) THE CATEGORY OF CONTENT, INCLUDING ANY RELEVANT CATEGORIES
DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION;
(B) THE TYPE OF CONTENT, INCLUDING, BUT NOT LIMITED TO, POSTS, LIVES-
TREAMS, COMMENTS, MESSAGES, PROFILES OF USERS, OR GROUPS OF USERS;
(C) THE TYPE OF MEDIA OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO,
TEXT, IMAGES, LIVESTREAMS, AND VIDEOS;
(D) HOW THE CONTENT WAS FLAGGED, INCLUDING, BUT NOT LIMITED TO,
FLAGGED BY COMPANY EMPLOYEES OR CONTRACTORS, FLAGGED BY ARTIFICIAL
INTELLIGENCE SOFTWARE, FLAGGED BY COMMUNITY MODERATORS, FLAGGED BY CIVIL
SOCIETY PARTNERS, AND FLAGGED BY USERS; AND
(E) HOW THE CONTENT WAS ACTIONED, INCLUDING, BUT NOT LIMITED TO,
ACTIONED BY COMPANY EMPLOYEES OR CONTRACTORS, ACTIONED BY ARTIFICIAL
INTELLIGENCE SOFTWARE, ACTIONED BY COMMUNITY MODERATORS, ACTIONED BY
CIVIL SOCIETY PARTNERS, AND ACTIONED BY USERS.
2. (A) A SOCIAL MEDIA COMPANY SHALL ELECTRONICALLY SUBMIT A SEMIANNUAL
TERMS OF SERVICE REPORT PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
COVERING ACTIVITY WITHIN THE THIRD AND FOURTH QUARTERS OF THE PRECEDING
CALENDAR YEAR, TO THE ATTORNEY GENERAL NO LATER THAN APRIL FIRST OF EACH
YEAR, AND SHALL ELECTRONICALLY SUBMIT A SEMIANNUAL TERMS OF SERVICE
REPORT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, COVERING ACTIVITY
WITHIN THE FIRST AND SECOND QUARTERS OF THE CURRENT CALENDAR YEAR, TO
THE ATTORNEY GENERAL NO LATER THAN OCTOBER FIRST OF EACH YEAR.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A SOCIAL MEDIA
COMPANY SHALL ELECTRONICALLY SUBMIT ITS FIRST TERMS OF SERVICE REPORT
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, COVERING ACTIVITY WITHIN
THE THIRD QUARTER OF TWO THOUSAND TWENTY-FIVE, TO THE ATTORNEY GENERAL
NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX, AND SHALL ELEC-
TRONICALLY SUBMIT ITS SECOND TERMS OF SERVICE REPORT PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION, COVERING ACTIVITY WITHIN THE FOURTH QUARTER
OF TWO THOUSAND TWENTY-FIVE, TO THE ATTORNEY GENERAL NO LATER THAN APRIL
FIRST, TWO THOUSAND TWENTY-SIX. A SOCIAL MEDIA PLATFORM SHALL SUBMIT ITS
THIRD REPORT NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, IN
ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION.
3. THE ATTORNEY GENERAL SHALL MAKE ALL TERMS OF SERVICE REPORTS
SUBMITTED PURSUANT TO THIS SECTION AVAILABLE TO THE PUBLIC IN A SEARCHA-
BLE REPOSITORY ON ITS OFFICIAL INTERNET WEBSITE.
§ 1103. VIOLATIONS AND REMEDIES. 1. (A) A SOCIAL MEDIA COMPANY THAT
VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED FIFTEEN THOUSAND DOLLARS PER VIOLATION PER DAY,
AND MAY BE ENJOINED IN ANY COURT OF COMPETENT JURISDICTION.
(B) A SOCIAL MEDIA COMPANY SHALL BE CONSIDERED IN VIOLATION OF THE
PROVISIONS OF THIS ARTICLE FOR EACH DAY THE SOCIAL MEDIA COMPANY DOES
ANY OF THE FOLLOWING:
(I) FAILS TO POST TERMS OF SERVICE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TWO OF THIS ARTICLE;
(II) FAILS TO TIMELY SUBMIT TO THE ATTORNEY GENERAL A REPORT REQUIRED
PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE; OR
(III) MATERIALLY OMITS OR MISREPRESENTS REQUIRED INFORMATION IN A
REPORT SUBMITTED PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE.
(C) IN ASSESSING THE AMOUNT OF A CIVIL PENALTY PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION, THE COURT SHALL CONSIDER WHETHER THE SOCIAL
S. 895--B 5
MEDIA COMPANY HAS MADE A REASONABLE, GOOD FAITH ATTEMPT TO COMPLY WITH
THE PROVISIONS OF THIS ARTICLE.
2. ACTIONS FOR RELIEF PURSUANT TO THIS ARTICLE SHALL BE PROSECUTED
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION BY THE ATTORNEY GENERAL
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK.
3. ANY SOCIAL MEDIA COMPANY DETERMINED TO HAVE VIOLATED THE PROVISIONS
SET FORTH IN THIS ARTICLE SHALL BE GRANTED A CURE PERIOD OF THIRTY
CALENDAR DAYS FROM THE DATE OF NOTIFICATION OF SUCH VIOLATION. DURING
THIS CURE PERIOD, THE COMPANY MUST TAKE ALL NECESSARY ACTIONS TO RECTIFY
THE IDENTIFIED VIOLATION OR VIOLATIONS AND ACHIEVE FULL COMPLIANCE WITH
THE REQUIREMENTS DELINEATED IN THIS ARTICLE. NO CIVIL PENALTY MAY BE
IMPOSED AGAINST THE COMPANY PROVIDED THE VIOLATION IS VERIFIABLY CURED
WITHIN THE THIRTY-DAY TIMEFRAME TO THE SATISFACTION OF THE ENFORCING
AUTHORITY.
§ 1104. APPLICATION. THIS ARTICLE SHALL NOT APPLY TO A SOCIAL MEDIA
COMPANY THAT GENERATED LESS THAN ONE HUNDRED MILLION DOLLARS IN GROSS
REVENUE DURING THE PRECEDING CALENDAR YEAR OR TO AN INTERNET-BASED
SERVICE OR APPLICATION FOR WHICH INTERACTIONS BETWEEN USERS ARE LIMITED
TO DIRECT MESSAGES, COMMERCIAL TRANSACTIONS, CONSUMER REVIEWS OF
PRODUCTS, SELLERS, SERVICES, EVENTS, OR PLACES, OR ANY COMBINATION THER-
EOF.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
