Int. No. 1068
By Council Members Williams, Brewer, Restler, Hanif, Stevens, Avilés, Krishnan, Marte, Ossé and Banks
A Local Law to amend the administrative code of the city of New York, in relation to establishing rules of decorum for posting on official social media accounts
Be it enacted by the Council as follows:
Section 1. Subchapter 1 of chapter 1 of title 3 of the administrative code of the city of New York is amended by adding a new section 3-119.9 to read as follows:
§ 3-119.9 Social media decorum. a. Definitions. As used in this section, the following terms have the following meanings:
Elected official. The term “elected official” means the mayor, comptroller, public advocate, each borough president, each district attorney, and each member of the council.
Official social media account. The term “official social media account” means an account on a social media platform used by an agency in connection with the transaction of official city business.
Online alias. The term “online alias” means a false online identity created for a law enforcement purpose.
Social media platform. The term “social media platform” means a website or application that enables users to publish and share information.
b. Minimum standards. No later than 120 days after the effective date of the local law that added this section, and except as otherwise provided in subdivision e of this section, the commissioner of information technology and telecommunications, or the head of another office or agency designated by the mayor, shall promulgate rules establishing minimum standards relating to decorum that all agencies must follow in posting on official social media accounts. Such standards shall be no more expansive than necessary to ensure that official social media accounts are not used to insult, intimidate, or harass the public and shall not prohibit the posting of statistical or factual information. At a minimum, such standards shall include:
1. A prohibition on attributing negative characteristics or traits to particular persons or to groups of persons;
2. A prohibition on using language that is intended to incite violence; and
3. A prohibition on using language that is intended to intimidate.
c. Complaints. The commissioner of information technology and telecommunications, or the head of another office or agency designated by the mayor under subdivision b of this section, shall establish a mechanism for receiving complaints of violations of the minimum standards established under such subdivision and referring such complaints to the appropriate agency.
d. Outreach and education. The commissioner of information technology and telecommunications, or the head of another office or agency designated by the mayor under subdivision b of this section, shall establish and engage in ongoing outreach and education efforts to inform the public of the minimum standards established under such subdivision and the mechanism established under subdivision c of this section for receiving and referring complaints of violations of such standards.
e. Exceptions. The minimum standards established under subdivision b of this section are not applicable to an official social media account used by the office of an elected official or an official social media account associated with an online alias.
§ 2. This local law takes effect immediately.
RL
LS #16422/16636/16876
9/5/2024 1:11 PM