Social media companies operating in New York are now under fresh legal obligations as the state enforces the so-called “Stop Hiding Hate Act,” a new compelled speech law that forces platforms with annual revenues exceeding $100 million to hand over detailed reports on how they handle various forms of speech, including speech that is legally protected under the First Amendment.
The legislation went into effect on October 1 and has already triggered a constitutional showdown in court.
The law, officially Senate Bill S895B, demands biannual disclosures to the state Attorney General’s office.
These reports must outline how platforms define terms such as “hate speech,” “misinformation,” “harassment,” “disinformation,” and “extremism.”
Companies are also required to explain what moderation practices they apply to those categories and to provide specifics about actions taken against users and content.
Platforms that fail to comply face penalties of up to $15,000 per violation, per day. Injunctive action can also be taken against non-compliant entities.
Attorney General Letitia James declared that the law is about transparency and oversight.
“With violence and polarization on the rise, social media companies must ensure that their platforms don’t fuel hateful rhetoric and disinformation,” she said in a public statement, reinforcing her view that private companies should be accountable to the state for how they manage user expression.
“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.”
Governor Kathy Hochul voiced similar sentiments, saying the legislation “builds on our efforts to improve safety online and marks an important step to increase transparency and accountability.”