§ 394-CCC — Social media networks; hateful conduct prohibited

§ 394-ccc. Social media networks; hateful conduct prohibited. 1. As\nused in this section, the following terms shall have the following\nmeanings:\n (a) "Hateful conduct" means the use of a social media network to\nvilify, humiliate, or incite violence against a group or a class of\npersons on the basis of race, color, religion, ethnicity, national\norigin, disability, sex, sexual orientation, gender identity or gender\nexpression.\n (b) "Social media network" means service providers, which, for\nprofit-making purposes, operate internet platforms that are designed to\nenable users to share any content with other users or to make such\ncontent available to the public.\n 2. A social media network that conducts business in the state, shall\nprovide and maintain a clear and easily accessible mechanism for\nindividual users to report incidents of hateful conduct. Such mechanism\nshall be clearly accessible to users of such network and easily accessed\nfrom both a social media networks' application and website, and shall\nallow the social media network to provide a direct response to any\nindividual reporting hateful conduct informing them of how the matter is\nbeing handled.\n 3. Each social media network shall have a clear and concise policy\nreadily available and accessible on their website and application which\nincludes how such social media network will respond and address the\nreports of incidents of hateful conduct on their platform.\n 4. Nothing in this section shall be construed (a) as an obligation\nimposed on a social media network that adversely affects the rights or\nfreedoms of any persons, such as exercising the right of free speech\npursuant to the first amendment to the United States Constitution, or\n(b) to add to or increase liability of a social media network for\nanything other than the failure to provide a mechanism for a user to\nreport to the social media network any incidents of hateful conduct on\ntheir platform and to receive a response on such report.\n 5. Any social media platform that knowingly fails to comply with the\nrequirements of this section shall be assessed a civil penalty for such\nviolation by the attorney general not to exceed one thousand dollars.\nEach day such offense shall continue shall constitute a separate\nadditional violation. In determination of any such violation, the\nattorney general shall be authorized to take proof and make a\ndetermination of the relevant facts and to issue subpoenas in accordance\nwith the civil practice law and rules.\n