Legislation
SECTION 1100
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 42
* § 1100. Definitions. For purposes of this article, the following
definitions 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,
deprioritization, 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
within a business or enterprise among employees or affiliates of the
business 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
operates 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
within 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
following:
(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
activities that may subject the user or an item of content to being
actioned.
* NB Effective June 19, 2025
definitions 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,
deprioritization, 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
within a business or enterprise among employees or affiliates of the
business 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
operates 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
within 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
following:
(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
activities that may subject the user or an item of content to being
actioned.
* NB Effective June 19, 2025