NY Law Requires Social Media Companies to Report Content Moderation Policies

In October 2025, the New York Attorney General’s Office announced that, in accordance with the “Stop Hiding Hate” Act, social media companies are required to report their content moderation policies to the OAG’s office, with first reports due no later than January 1, 2026.

The New York legislation requires that platforms operating in New York with more than $100 million in gross annual revenue must post their content moderation policies publicly, provide consumers with a contact to report violations of the policy, and submit biannual compliance reports.

Key requirements of the Act include:

• Public Transparency: Covered companies are required to publish their terms of service in clear accessible language and provide contact details for user inquiries.
• User Reporting Mechanisms: Platforms must clearly describe how users can report violations of the terms of service, and provide contact information for doing so.
• Action and Response Details: Covered companies must explain what kind of action they may take for posts that violate the policy.
• Biannual Reporting: Social media companies are required to submit reports twice a year to the New York OAG. These reports must include statements on their terms of service.  Covered companies must also describe their policies and how they are enforced.
• Data Disclosure: Reports must include data on the total number of posts believed to be policy violations, the number of posts acted upon, and the details thereof.

The failure to comply with the Act’s requirements can potentially result in civil penalties of up to $15,000 per violation per day.   The NY OAG’s office may also seek injunctive relief.  There is no  private right of action provided for by the Act.  Consult with an ecommerce lawyer lawyer if you have questions about the Act and its exclusions, or are the subject of a regulatory inquiry related to compliance therewith.

Importantly, the failure to comply with Act could be considered an unfair and deceptive act.  An experienced eCommerce lawyer can advise tech companies on other state legislation that may govern their activities.

Richard B. Newman is an eCommerce attorney at Hinch Newman LLP.  Follow FTC defense lawyer on X.

Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.