'Stop Hate' legislation takes effect, forcing social media companies in New York to report how they are handling hateful content

Social media companies operating in New York must start reporting content moderation policies to the state beginning this week as required by the new Stop Hiding Hate Act passed by the legislature last year, New York Attorney General Letitia James announced Thursday.

The measure, which was inspired, in part, in the aftermath of the Jan. 6, 2021, insurrection at the U.S. Capitol, was signed into law in December. Its goal was to ensure social media companies are "more transparent and accountable" for content posted on their platforms, the attorney general’s office said.

"With violence and polarization on the rise, social media companies must ensure that their platforms don’t fuel hateful rhetoric and disinformation," James said in an emailed statement announcing the start of the reporting mandate, adding: "The Stop Hiding Hate Act requires social media companies to share their content moderation policies publicly and with my office to ensure that these companies are more transparent about how they are addressing harmful content on their platforms."

Also in a statement Thursday, Gov. Kathy Hochul said: "Social media platforms should be a place for people to connect and share their interests — not a place where individuals can hide behind a keyboard to spread hate speech and harass others. This legislation builds on our efforts to improve safety online and marks an important step to increase transparency and accountability."

Officials said key requirements in place as a result of the act include: that companies must publish terms of service "in clear, accessible language and provide contact details for user questions"; that platforms must "clearly describe how users can report violations of the terms of service"; and, that companies must "detail the potential actions they may take against policy violations" — and said those actions include "removing posts or deprioritizing their visibility."

In biannual reports, the attorney general’s office said, social media companies must also provide specific data, including: the total number of posts "flagged with potential policy violations," the total number of posts "on which the company took action" and "details on the specific actions." 

Social media companies that fail to post terms of service or that fail to submit a required report — and, companies that file "a materially incomplete or misleading report" — face a potential civil penalty of up to $15,000 per violation per day, the attorney general’s office said.

The goal of the act is to have social media platforms define their guidelines and protocols related to "hate speech or racism, extremism or radicalization, disinformation or misinformation, harassment, and foreign political interference," the attorney general’s office said, adding the additional goal is to have those companies define how they enforce those policies.

State Sen. Brad Holyman-Sigal (D-Manhattan) said in a statement Thursday: "The commencement of required reporting by social media companies is an important milestone and first step toward allowing New Yorkers to be able to better decide which social media platforms they utilize," adding: "The transparency and accountability resulting from the reporting required by the Stop Hiding Hate Act will reduce the circulation of malevolent white supremacy, antisemitism, islamophobia, anti-LGBTQ hatred and anti-AAPI [Asian American Pacific Islander] violence."

By John Valenti

john.valenti@newsday.com

John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”