Legislation
SECTION 1103
Violations and remedies
General Business (GBS) CHAPTER 20, ARTICLE 42
* § 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
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.
* NB Effective June 19, 2025
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
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.
* NB Effective June 19, 2025