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HB 1823

COURT REVIEW-PERMANENCY HEARNG

104th Regular Session Introduced by Margaret Croke and 5 co-sponsors

House Bill 1823 aimed to protect individuals from nonconsensual digital forgeries, allowing civil action and damages up to $150,000 for affected parties.

Added Co-Sponsor Rep. Sue Scherer
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Bill Summary · HB 1823

Summary of House Bill 1823: Disrupt Explicit Forged Images and Nonconsensual Edits Act of 2025

Purpose and Intent

House Bill 1823, introduced on March 18, 2025, aimed to establish the Disrupt Explicit Forged Images and Nonconsensual Edits Act of 2025. The primary intent of the bill was to protect individuals from nonconsensual activities involving intimate digital forgeries, which are visual depictions altered or created without consent, often using advanced technology such as artificial intelligence.

Key Provisions

The bill proposed several significant changes to existing law, including:

Definitions

  • Digital Forgery: Defined as an intimate visual depiction created through technological means that appears indistinguishable from an authentic image of an identifiable individual.
  • Consent: Emphasized as an affirmative and voluntary authorization, free from coercion.
  • Intimate Visual Depiction: Included explicit content involving identifiable individuals, such as nudity or sexual conduct.

Rights of Affected Individuals

  • Civil Action: Individuals whose intimate visual depictions were disclosed without consent could bring civil actions against offenders. This included cases where digital forgeries were produced or shared without the individual's consent.
  • Legal Representation: Provisions were made for legal guardians or representatives to act on behalf of individuals who are minors, incapacitated, or deceased.

Damages and Relief

  • Damages: Individuals could recover actual damages or liquidated damages of up to $150,000, along with attorney’s fees and litigation costs.
  • Equitable Relief: Courts could issue orders to prevent further disclosure or display of the intimate visual depictions, including temporary restraining orders or injunctions.

Privacy Protections

  • The bill included measures to protect the privacy of plaintiffs in civil actions, allowing for pseudonyms and redaction of personal information in court documents.

Affected Parties

The bill would have impacted:
- Individuals whose intimate images were manipulated or disclosed without consent.
- Offenders who knowingly produced or shared such content.
- Legal guardians of minors or incapacitated individuals.

Legislative Status

  • The bill was referred to the House Judiciary Committee but ultimately died in committee on May 5, 2025, at the Sine Die adjournment, meaning it did not advance for further consideration.

Conclusion

While HB 1823 aimed to address the growing concern of nonconsensual digital forgeries and protect individual rights, its failure to progress through the legislative process means that the proposed protections and legal recourse for affected individuals remain unestablished in Arkansas law as of the bill's last status update.

Compiled from official sources — confirm details with the bill’s official record.

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