Law / Arkansas

Arkansas

age

Arkansas requires commercial websites where more than one third of content is harmful to minors to verify users are 18 or older under a 2023 law that remains in effect. Arkansas has enacted three social media minor access laws since 2023, the original Social Media Safety Act and two 2025 acts strengthening its addictive design rules and adding civil liability for platforms.

Federal courts have blocked all three on First Amendment grounds: the 2023 Act was permanently enjoined and is on appeal to the Eighth Circuit, and the two 2025 Acts took effect in August 2025 but are now preliminarily enjoined.

privacy

Arkansas has no comprehensive personal-data privacy law. An early pass of this research wrongly attributed a signed, dated comprehensive Arkansas act to this state; those dates belong to Tennessee's Information Protection Act and are not repeated here. The one 2025 Arkansas bill that would have created an AI and data-privacy accountability framework, SB 258, died on the Senate calendar at sine die adjournment and Arkansas held no 2026 regular session, so no successor bill exists to catalogue.

Arkansas's operative privacy statute is the Personal Information Protection Act (PIPA), Ark. Code Ann. section 4-110-101 et seq., a security-practices and breach-notification law that names faceprint and voiceprint as biometric data elements with no photograph- or recording-derived exclusion, but creates no capture-consent, retention, or destruction duty, and no data-subject rights.

PIPA borrows the Arkansas Deceptive Trade Practices Act's enforcement mechanism for Attorney General action; whether that Act's own private-suit provision also reaches a PIPA violation was not established in this research pass and is recorded here as an open question rather than a decided finding.

12 instruments named 5 researched in detail As of 2026-08-27

Instruments

Each one links to its LexLint note, which carries what it requires and what it flags on.

Adult content age verification (AV)

Act 612 of 2023 (SB66), Protection of Minors from Distribution of Harmful Material Act

cite Act 612 of 2023 (SB66), codified at Ark. Code Ann. § 4-88-1101 et seq. stage IN FORCE in force since 2023-08-01 source official act text, Arkansas State Legislature

Makes a commercial entity liable if more than one third of its website content is material harmful to minors and it fails to perform reasonable age verification using a government issued ID, digital identification, or a commercially reasonable method meeting identity assurance level 2.

Note and primary source

Breach notification

Arkansas Personal Information Protection Act, breach notification and security

cite Ark. Code Ann. secs. 4-110-101 to 4-110-108 stage IMMINENT commencement not set source official Arkansas General Assembly session-law text

PIPA requires an individual, business, or state agency that acquires, owns, or licenses personal information of an Arkansas resident to implement and maintain reasonable security procedures, dispose of records properly, and notify affected Arkansas residents of a breach of security without unreasonable delay.

If a breach affects more than 1,000 individuals, the person or business must also notify the Attorney General, at the same time as consumer notice or within 45 days of determining a reasonable likelihood of harm, whichever is first.

Biometric data, including faceprint and voiceprint, is one of the data elements that makes information personal information for these purposes, named with no exclusion for data derived from a photograph or recording, but PIPA imposes no separate capture-consent, retention, or destruction duty on biometric data as such.

PIPA violations are enforced by the Attorney General under the Arkansas Deceptive Trade Practices Act; whether that Act's own private-suit provision, section 4-88-113, also arms a private plaintiff for a PIPA violation specifically was not confirmed from primary text in this research pass and is left as an open question rather than a decided finding.

What it asks of an app

Social media and minors

Act 689 of 2023 (SB396), Social Media Safety Act

cite Act 689 of 2023 (SB396), codified at Ark. Code Ann. § 4-88-1401 et seq. stage STRUCK DOWN invalidated by a court effective 2023-09-01 source official act text, Arkansas State Legislature

Would have required social media companies to use a third party vendor to perform reasonable age verification, such as a digitized ID or government issued ID, before allowing account access, and to obtain parental consent for minor accounts.

Note and primary source

Act 900 of 2025 (SB611), Social Media Safety Act amendments (addictive design)

cite Act 900 of 2025 (SB611), amending Ark. Code Ann. § 4-88-1401 et seq. stage ENJOINED enforcement paused by a court effective 2025-08-05 source official act text, Arkansas State Legislature

Amends the Social Media Safety Act to lower the covered minor age from 18 to 16, prohibit addictive design features, require default privacy settings, and disable non-essential notifications between 10 PM and 6 AM. Signed April 21, 2025; most provisions took effect August 5, 2025, while the addictive design and notification duties in Section 2 carried a delayed effective date of April 21, 2026, one year after enactment.

Note and primary source

Act 901 of 2025 (SB612), social media platform civil liability

cite Act 901 of 2025 (SB612), codified at Ark. Code Ann. §§ 4-88-1501 to 4-88-1503 stage ENJOINED enforcement paused by a court effective 2025-08-05 source official act text, Arkansas State Legislature

Creates a private right of action against a social media platform whose design, algorithm, or feature causes a minor to suffer harm such as an eating disorder, suicide or attempted suicide, or platform addiction. Signed April 21, 2025 and effective August 5, 2025 with no separate effective date clause.

Note and primary source

This summary covers the instruments LexLint has researched to a stage. Instruments named in the corpus but not yet researched are counted above and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.