2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title N - Offenses Against Public Order, Public Sensibilities and the Right to Privacy › Article 250 - Offenses Against the Right to Privacy › 250.70 - Unlawful Dissemination of a Personal Image; Definitions, Application.

§ 250.70 Unlawful   dissemination  of  a  personal  image;  definitions,
application.
1. The following definitions shall apply to  section  250.71  of  this
article:
(a)  "broadcast" means electronically transmitting a visual image with
the intent that it be viewed by a person;
(b) "disseminate" means to give, provide, lend, deliver,  mail,  send,
forward,  transfer  or  transmit, electronically or otherwise to another
person;
(c) "publish" means to: (i) disseminate, as defined in  paragraph  (b)
of  this  subdivision,  with  the  intent  that  such image or images be
disseminated to ten or more persons; (ii) disseminate  with  the  intent
that  such  images  be  sold  by  another  person;  (iii) post, present,
display, exhibit, circulate, advertise or allows access,  electronically
or  otherwise, so as to make an image or images available to the public;
or (iv) disseminate with the intent that an image or images  be  posted,
presented,   displayed,   exhibited,   circulated,  advertised  or  made
accessible, electronically or otherwise and to make such image or images
available to the public;
(d) "family" means a parent or guardian, sibling, spouse, or child  of
a  person  depicted  in  an  image  disseminated in violation of section
250.71 of this article.
(e)  "social  media  platform"  means  a  website,  online  or  mobile
application,  or  online  service that is designed primarily to enable a
user to generate or share content that can be viewed by other  users  on
the  platform  or  to interact with other user-generated content on such
platform. "Social media platform" does not include a website, online  or
mobile  application,  or  online  service  that is designed primarily to
enable  a  user  to  access  content  on  the  platform  that   is   not
user-generated  and  is  preselected  or organized by the provider; or a
website, online or mobile application, or online service  that  includes
any chat, comment, or other interactive functionality that is incidental
to the provision of such website, application, or service.
2.  The  following  provisions  shall  apply to section 250.71 of this
article:
(a) The provisions of section 270.71 of this article shall  not  apply
to the following:
(i) the reporting of suspected unlawful conduct to law enforcement;
(ii)  the  dissemination or publication of an image made in the course
of official  law  enforcement  duties,  legal  proceedings  or  criminal
prosecution, or medical treatment; or
(iii)  the  dissemination  or  publication  of  an  image  made  for a
legitimate public discourse concerning  local,  national,  or  worldwide
events  or  other  matters  of  public  concern  or  public  interest or
affecting the public welfare; any work of public  interest,  educational
or newsworthy value, including comment, criticism, parody or satire, and
works of entertainment, regardless of the degree of fictionalization; or
an  advertisement  or  commercial  announcement for any of the foregoing
works.
(b) Nothing in these sections shall  be  construed  to  limit,  or  to
enlarge,  the protections that 47 U.S.C. § 230 confers on an interactive
computer service for content provided  by  another  information  content
provider, as such terms are defined in 47 U.S.C. § 230.
3.  With  respect to section 250.71 of this article, the provisions of
subdivision two of section  235.15  and  subdivisions  one  and  two  of
section 235.24 of this part shall apply.