What's happening
This bill prohibits knowingly or recklessly promoting false or unlawful content that endangers public health or safety, and provides legal remedies for violations.
Why it matters
Expands liability to individuals and platforms. The bill targets not only those who directly spread dangerous or false content, but also those who use algorithms or automated systems to promote such content, potentially impacting social media companies and other online platforms.
Casts a wide net over harmful content. The legislation covers content that incites violence, self-harm, or spreads false/fraudulent medical information likely to endanger public health, addressing a range of online harms from misinformation to incitement.
Creates new legal risks and remedies. Both public (via the Attorney General or local authorities) and private parties (anyone harmed) can sue for damages or seek injunctions, which could increase litigation risks for individuals and organizations that promote prohibited material.
Defines violations as public nuisances regardless of intent. Harmful promotion is classified as a public nuisance even if the violator did not intend to cause harm, lowering the threshold for enforcement and possible penalties.
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Who cares
Headline styles
Ban Reckless False Content
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Promoting Harmful Content
In Assembly Committee · Judiciary · Sponsor Deborah Glick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
463
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to prohibiting the knowing and reckless promotion of unlawful or false material and providing remedies for the violation of such prohibition
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general obligations law is amended by adding a new article 18-D to read as follows:
ARTICLE 18-D
KNOWING AND RECKLESS PROMOTION OF UNLAWFUL OR FALSE MATERIAL
Section 18-500. Definitions.
18-501. Prohibited activities.
18-502. Public nuisance.
18-503. Enforcement.
18-504. Private right of action.
§ 18-500. Definitions. For the purposes of this article, both "knowingly" and "recklessly" shall have the same meaning as defined in section 15.05 of the penal law.
§ 18-501. Prohibited activities. No person, by conduct either unlawful in itself or unreasonable under all the circumstances, shall knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the promotion of content, including through the use of algorithms or other automated systems that prioritize content by a method other than solely by time and date such content was created, the person knows or reasonably should know:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01916-01-5
1. advocates for the use of force, is directed to inciting or producing imminent lawless action, and is likely to incite or produce such action;
2. advocates for self-harm, is directed to inciting or producing imminent self-harm, and is likely to incite or produce such action; or
3. includes a false statement of fact or fraudulent medical theory that is likely to endanger the safety or health of the public.
§ 18-502. Public nuisance. 1. A violation of section 18-501 of this article that results in harm to the public shall hereby be declared to be a public nuisance.
2. The existence of a public nuisance as provided in this section shall not depend on whether the person acted for the purpose of causing harm to the public.
§ 18-503. Enforcement. Whenever there shall be a violation of this article, the attorney general, in the name of the people of the state of New York, or a city corporation counsel on behalf of the locality, may bring an action in the supreme court or federal district court to enjoin and restrain such violations and to obtain restitution and damages.
§ 18-504. Private right of action. Any person, firm, corporation or association that has been damaged as a result of a person's acts or omissions in violation of this article shall be entitled to bring an action for recovery of damages or to enforce this article in the supreme court or federal district court.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to prohibiting the knowing and reckless promotion of unlawful or false material and providing remedies for the violation of such prohibition
Purpose
To prevent the knowing and reckless promotion of unlawful or false mate- rial.
Summary of provisions
Section 1 of the bill creates a new Article 18-D of the General Obli- gations Law, which will create a new cause of action for public nuisance against any person that unlawfully or unreasonably knowingly or reck- lessly creates or contributes to a condition that endangers public health or safety through the promotion of content the person knew or reasonably should know is harmful, false, or unlawful. Any person, the attorney general, or a city corporation counsel may bring an action for such public nuisance.
Read the full memo (607 words)
Section 2 of the bill is the effective date.
Justification
For years, social media companies have claimed protection from any legal consequences of their actions relating to content on their websites by pointing to Section 230 of the Communications Decency Act. Section 230 provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Essentially, websites cannot be held liable for the tortious speech of its users.
Social media websites are no longer a simple host for their users' content, however. Many social media companies employ complex algorithms designed to put the most controversial and provocative content in front of users as much as possible. These algorithms help the social media companies drive engagement with their platform, keep users hooked, and increase profits. Social media companies employing these algorithms are not an impassive forum for the exchange of ideas; they are active participants in the conversation.
In October 2021, Frances Haugen, a former Facebook employee, provided shocking testimony to United State Senators alleging that the company knew of research proving that its product was harmful to teenagers but purposefully hid that research from the public. She also provided testi- mony that the company was willing to use hateful content to retain users on the social media website.
Social media amplification has been linked to many societal ills, including, vaccine disinformation, encouragement of self-harm, bullying, and body-image issues among youth, and extremist radicalization leading to terrorist attacks like the January 6th insurrection against the U.S. Capitol.
When a website knowingly or recklessly promotes hateful or violent content, they create a threat to public health and safety. The promotion of content is a separate, affirmative act from the mere hosting of information and therefore not contemplated by the protections of Section 230 of the Communications Decency Act.
This bill will provide a tool for the Attorney General, city corporation counsels, and private citizens to hold social media companies and others accountable when they promote content they know or reasonably should know the content:
1. Advocates for the use of force, is directed to inciting or producing imminent lawless action, and is likely to produce such action;
2. Advocates for self-harm, is directed to inciting or producing immi- nent self-harm, and is likely to incite or produce such action; or
3. Includes a false statement of fact or fraudulent medical theory that is likely to endanger the safety or health of the public.
Legislative history
S.577 of 2023-2024 (Hoylman-Sigal): Died in Judiciary
A.1942 of 2023-2024 (Glick): Died in Judiciary
S.7568 of 2021-2022 (Hoylman): Died in Judiciary
A.9156 of 2021-2022 (Glick): Died in Judiciary
Fiscal implications
None.
Effective date
This act shall take effect thirty days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.