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A09165 Summary:

BILL NOA09165
 
SAME ASNo Same As
 
SPONSORMaher
 
COSPNSR
 
MLTSPNSR
 
Add §394-cccc, Gen Bus L
 
Requires social media platforms to remove content depicting the violent death of a human being within twenty-fours after receiving notice or otherwise becoming aware of such content; requires social media platforms to provide an easily accessible and usable mechanism for users to report such content.
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A09165 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9165
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 17, 2025
                                       ___________
 
        Introduced  by M. of A. MAHER -- read once and referred to the Committee
          on Science and Technology
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          social  media  platforms to remove content depicting the violent death
          of a human being
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  394-cccc to read as follows:
     3    §  394-cccc.  Social  media  platforms;  removal  of content depicting
     4  violent death. 1. As used in this section,  the  following  terms  shall
     5  have the following meanings:
     6    (a) "Social media platform" shall mean an internet website or applica-
     7  tion that:
     8    (i)  enables  users to create and share content or to engage in social
     9  networking; and
    10    (ii) has more than one million monthly  active  users  in  the  United
    11  States.
    12    (b)  "Violent death" shall mean any video, image, livestream, or other
    13  depiction showing the killing of a human being, whether  intentional  or
    14  unintentional, through violent means.
    15    (c)  "Remove"  shall  mean  to  make  such content inaccessible to the
    16  public and other users of the platform.
    17    2. A social media platform that conducts business in this state  shall
    18  remove or disable access to any post, video, image, livestream, or other
    19  content  that  depicts the violent death of a human being within twenty-
    20  four hours after such platform  receives  notice  or  otherwise  becomes
    21  aware of such content.
    22    3.  (a)  Social media platforms shall establish and maintain an easily
    23  accessible and easily usable reporting mechanism  for  users  to  report
    24  content that may depict a violent death to the social media platform.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13770-01-5

        A. 9165                             2
 
     1    (b) Social media platforms shall provide confirmation to the reporting
     2  user that the report has been received and reviewed.
     3    4. This section shall not apply to:
     4    (a)  content  disseminated  by  law  enforcement agencies for official
     5  purposes;
     6    (b) content that has been determined by the social media  platform  to
     7  have substantial value for journalistic, educational, or public interest
     8  purposes,  provided  that  reasonable steps are taken to obscure graphic
     9  depictions;
    10    (c) content where the individual shown, or  their  next  of  kin,  has
    11  expressly consented to its posting; or
    12    (d) fictional, computer-generated, or otherwise artistic depictions of
    13  violent  death,  including  but not limited to video games, films, tele-
    14  vision programs, and other entertainment media.
    15    5. The attorney general may bring an action to  enjoin  violations  of
    16  this  section  and to recover a civil penalty of up to one hundred thou-
    17  sand dollars for each day a platform knowingly fails to remove prohibit-
    18  ed content.
    19    6. Nothing in this section shall be construed to limit other  remedies
    20  available under law.
    21    § 2. This act shall take effect on the one hundred twentieth day after
    22  it shall have become a law.
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