WeVote
Log In

Bill

Bill

HB 1529

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.

2025 Regular Session Introduced by Brandon Achor and 39 co-sponsors

Act 827 criminalizes creating or sharing non-consensual deepfake sexual material, allowing victims to seek damages and holding tech developers accountable for misuse.

Notification that HB1529 is now Act 827
0
WeVote Research Nonpartisan
Bill Summary · HB 1529

Summary of House Bill 1529 (Act 827)

Purpose and Intent

House Bill 1529, now known as Act 827, aims to address the growing concern over deepfake technology, particularly its use in creating and distributing misleading visual material of a sexual nature. The bill establishes a criminal offense for the unlawful creation or distribution of deepfake visual material without the consent of the depicted individual.

Key Provisions

The bill introduces several significant changes to Arkansas law:

  1. Definition of Deepfake Visual Material:

    • Deepfake visual material is defined as any photograph, image, video, or other visual depiction that appears to authentically represent an identifiable person but is generated or modified using technology to falsely depict that person's appearance, voice, or conduct.

  2. Criminal Offense:

    • It is unlawful to create or distribute deepfake visual material that depicts another identifiable person:
      • In a state of nudity.
      • Engaging in sexual contact, sexual intercourse, deviate sexual activity, or sexually explicit conduct.
    • Penalties:
      • A first offense is classified as a Class A misdemeanor.
      • A second or subsequent offense is classified as a Class D felony.

  3. Civil Action:

    • The Attorney General may initiate a civil action against providers or developers of image generation technology used to create deepfake visual material in violation of this law.
    • Individuals harmed by violations can also bring civil actions against those responsible for creating or distributing the deepfake material, with potential awards for damages and attorney's fees.

  4. Exemptions:

    • The law does not apply to telecommunications service providers or affiliates for content provided by another person.

Impact

  • Criminal Justice System: The bill creates a new felony offense, the frequency of which is currently unknown. The potential impact on correctional resources is indeterminate, as there are no existing data on deepfake-related offenses.
  • Victims: Individuals depicted in deepfake material without consent may seek legal recourse, potentially leading to increased accountability for creators and distributors of such content.
  • Technology Providers: Developers of image generation technology may face civil liability if their products are used to create unlawful deepfake material without adequate safeguards.

Legislative Timeline

  • Introduced: February 19, 2025
  • Passed: April 14, 2025
  • Enacted: April 17, 2025

This bill reflects a proactive approach to combating the misuse of advanced technology in the realm of personal privacy and consent, aiming to protect individuals from unauthorized and harmful representations.

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

Sign in to ask a question.