§ 1100 — Definitions

§ 1100. Definitions. For purposes of this article, the following\ndefinitions apply:\n 1. "Actioned" means a social media company, that due to a suspected or\nconfirmed violation of the terms of service, has taken some form of\naction, including, but not limited to, removal, demonetization,\ndeprioritization, or banning, against the relevant user or relevant item\nof content.\n 2. "Content" means statements or comments made by users and media that\nare created, posted, livestreamed, shared, or otherwise interacted with\nby users on an internet-based service or application. "Content" does not\ninclude media put on a service or application exclusively for the\npurpose of cloud storage, transmitting files, or file collaboration.\n 3. "Public or semipublic internet-based service or application"\nexcludes a service or application used to facilitate communication\nwithin a business or enterprise among employees or affiliates of the\nbusiness or enterprise, provided that access to the service or\napplication is restricted to employees or affiliates of the business or\nenterprise using the service or application.\n 4. "Social media company" means a person or entity that owns or\noperates one or more social media platforms.\n 5. "Social media platform" means a public or semipublic internet-based\nservice or application that has users in New York and that meets both of\nthe following criteria:\n (a) A substantial function of the service or application is to connect\nusers in order to allow users to interact socially with each other\nwithin the service or application. A service or application that\nprovides email or direct messaging services shall not be considered to\nmeet this criterion on the basis of that function alone.\n (b) The service or application allows users to do all of the\nfollowing:\n (i) construct a public or semipublic profile for purposes of signing\ninto and using the service or application;\n (ii) populate a list of other users with whom an individual shares a\nsocial connection within the system; and\n (iii) create or post content viewable or audible by other users,\nincluding, but not limited to, livestreams, on message boards, in chat\nrooms, or through a landing page or main feed that presents the user\nwith content generated by other users.\n 6. "Terms of service" means a policy or set of policies adopted by a\nsocial media company that specifies, at least, the user behavior and\nactivities that are permitted on the internet-based service owned or\noperated by the social media company, and the user behavior and\nactivities that may subject the user or an item of content to being\nactioned.\n