Bill > HB1529

This bill creates a new criminal offense in Arkansas related to the unlawful creation or distribution of deepfake visual material, specifically targeting sexually explicit or nude images created without the consent of the person depicted. The bill defines "deepfake visual material" as a digitally manipulated image or video that appears authentic and falsely depicts a recognizable person using advanced technology. Under the proposed law, creating or distributing such material without the subject's consent would be a criminal offense, with penalties ranging from a Class A misdemeanor for a first offense to a Class D felony for subsequent offenses. The bill also establishes a civil action mechanism that allows the Attorney General to sue technology providers who lack reasonable safeguards against generating such content, and enables individuals who have been harmed by deepfake images to seek damages, including actual, compensatory, and punitive damages, as well as attorney's fees. Importantly, the law includes an exemption for telecommunications and internet service providers who are not directly responsible for the content. The primary goal of this legislation is to protect individuals from non-consensual, sexually explicit digital manipulations that could cause significant personal and reputational harm.