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TO CREATE THE CRIMINAL OFFENSE OF UNLAWFUL CREATION OR DISTRIBUTION OF DEEPFAKE VISUAL MATERIAL; AND TO ESTABLISH A CAUSE OF ACTION FOR UNLAWFUL CREATION OF DEEPFAKE VISUAL MATERIAL.
In one paragraph
Arkansas Act 827 of 2025 makes it a crime to knowingly create or distribute, without consent, realistic deepfake images or video showing an identifiable person nude or engaged in sexual conduct: a Class A misdemeanor for a first offense and a Class D felony after that. The Attorney General may sue providers or developers of prompt-based image generation tools used to make such material if they lacked reasonable safeguards, and injured people may sue the tool provider or whoever caused the deepfake, recovering damages and attorney's fees. Approved April 17, 2025; effective August 5, 2025.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Image-generation AI providers serving Arkansas face Attorney General and private suits if their tools lack reasonable safeguards against nonconsensual sexual deepfakes.
Key provisions
- New Ark. Code 5-14-139: knowingly creating or distributing deepfake visual material of an identifiable person, nude or engaged in sexual conduct, without consent
- Class A misdemeanor for a first offense; Class D felony for a second or later offense
- Deepfake visual material: an image or video that looks authentic to an ordinary person and was generated or modified with technology to falsely depict someone
- Telecommunications, information and cable service providers are not liable for content provided by others
- New Ark. Code 16-118-119: Attorney General civil action against providers or developers of prompt-based image generation technology lacking reasonable safeguards
- Private civil action against the technology provider or the person responsible: actual, compensatory and punitive damages, injunctions, and attorney's fees for a prevailing plaintiff
- Act 827, approved April 17, 2025; no emergency clause, so effective August 5, 2025
Latest legislative action
Apr 17, 2025. Notification that HB1529 is now Act 827
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error