Arkansas · House Bill · 95th General Assembly, Regular Session, 2025
HB1041
Arkansas HB 1041 — An Act to Prohibit Deceptive and Fraudulent Deepfakes in Election Communications; to Provide for a Cause of Action and Civil Penalties for the Use of Deceptive and Fraudulent Deepfakes; and for Other Purposes

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Dual enforcement. The State Board of Election Commissioners may find an individual liable and impose civil penalties. A candidate or previous candidate whose appearance is depicted through a deceptive and fraudulent deepfake also has a private right of action to seek injunctive or other equitable relief within two years of the election date.
Private Right of Action
private right of action to seek injunctive or other equitable relief within two years of the election date.
Penalties
Civil penalties imposed by the State Board of Election Commissioners: up to $10,000 if the person has one or more prior convictions under this section within five years; up to $5,000 if the violation was committed with intent to cause violence or bodily harm; up to $1,000 in all other cases. A depicted candidate may also seek injunctive or other equitable relief. No statutory damages, punitive damages, or attorney fees provision.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Ark. Code § 7-6-106
Deceptive and fraudulent deepfakes — Definitions — Penalty — Exceptions
Publisher

(a) As used in this section: (1) "Deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1)" means synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) to depict an individualIndividual"Individual" means a natural person.Ark. Code § 7-6-106(a)(2) saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) would have from an unaltered, original version of the image, audio recording, or video recording; (2) "IndividualIndividual"Individual" means a natural person.Ark. Code § 7-6-106(a)(2)" means a natural personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3); (3) "PersonPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3)" means: (A) An individualIndividual"Individual" means a natural person.Ark. Code § 7-6-106(a)(2); (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization; (4) "Radio or television broadcasting stationRadio or television broadcasting station"Radio or television broadcasting station" includes without limitation a cable or satellite radio or television operator, programmer, or producer.Ark. Code § 7-6-106(a)(4)" includes without limitation a cable or satellite radio or television operator, programmer, or producer; and (5) "Synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5)" means an image, audio recording, or a video recording of an individualIndividual"Individual" means a natural person.Ark. Code § 7-6-106(a)(2)'s appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.

(b)(1) 1 Except as provided in subdivision (b)(2) of this section, a personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) shall not, within ninety (90) days of an election in which a candidate for an elected office will appear on the ballot, distribute synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) that the personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) knows or should know is a deceptive and fraudulent deepfake of a candidate or party on the state or local ballot.

(b)(2) 2 A personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) may, within ninety (90) days of an election in which a candidate for an elected office will appear on the ballot, distribute synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) that the personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) knows or should know is a deceptive and fraudulent deepfake of a candidate or party on the state or local ballot if the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) includes a disclosure, including without limitation the following statement: "This content has been manipulated or artificially generated." (B)(i) If the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) is visual, the text of the disclosure in subdivision (b)(2)(A) of this section shall appear in a size that is: (a) Easily readable by the average viewer; and (b) No smaller than the largest font size of other text appearing in the visual media. (ii) If the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) is visual and in a video or other format in which the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) image changes, the disclosure shall appear for the duration of the video or image clip. (C) If the synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) consists of audio only, the disclosure shall be: (i) Read in a clearly spoken manner; and (ii) In a pitch that can be easily heard by the average listener at the: (a) Beginning of the audio; (b) End of the audio; and (c) If the audio is more than two (2) minutes in length, interspersed within the audio at intervals of no fewer than two (2) minutes each.

(c)(1) A candidate or previous candidate whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) in violation of subsection (b) of this section may seek injunctive or other equitable relief prohibiting the publication of the deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) within two (2) years of the election date in the election in which the deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) was first used.

(c)(2) The State Board of Election Commissioners may find an individualIndividual"Individual" means a natural person.Ark. Code § 7-6-106(a)(2) liable for violating subsection (b) of this section and impose a civil penalty of: (A) The payment of a fine of not more than ten thousand dollars ($10,000), if the personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) committed the offense within five (5) years of one (1) or more previous convictions under this section; (B) The payment of a fine of not more than five thousand dollars ($5,000), if the personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) commits the violation with the intent to cause violence or bodily harm to any personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3); or (C) In any other case, to payment of a fine of not more than one thousand dollars ($1,000).

(d) This section does not apply to: (1) A radio or television broadcasting stationRadio or television broadcasting station"Radio or television broadcasting station" includes without limitation a cable or satellite radio or television operator, programmer, or producer.Ark. Code § 7-6-106(a)(4) that broadcasts a deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) prohibited under subsection (b) of this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events if: (A) The broadcast clearly acknowledges in a manner that can be easily heard or read by the average listener or viewer, through content or disclosure, that the authenticity of the deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) cannot be confirmed; or (B) Federal law requires a broadcaster to air an advertisement from a legally qualified candidate that includes the deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1); (2) An internet website or regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that: (A) Routinely carries news and commentary of general interest; and (B) Publishes a deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) in violation of subsection (b) of this section, if the publication clearly states that the authenticity of the deceptive and fraudulent deepfakeDeceptive and fraudulent deepfake"Deceptive and fraudulent deepfake" means synthetic media that: (A) Inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter; and (B)(i) Appears to a reasonable person to depict an individual saying or doing something that did not actually occur in reality; or (ii) Provides a reasonable person a fundamentally different understanding or impression of the speech, conduct, image, or likeness of a candidate or a political party than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.Ark. Code § 7-6-106(a)(1) cannot be confirmed; and (3) Synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) that constitutes satire or parody.

This section creates Arkansas's prohibition on deceptive and fraudulent deepfakes in election communications. The core prohibition bars any person from distributing synthetic media that the person knows or should know is a deceptive and fraudulent deepfake of a candidate or party within 90 days of an election — unless the media includes a specified disclosure statement. The disclosure safe harbor requires the statement "This content has been manipulated or artificially generated" with detailed formatting rules: visual media must display the text at least as large as the largest other font and for the full duration of video content; audio-only media must include a clearly spoken disclosure at the beginning, end, and at two-minute intervals.

Enforcement is available through two channels: the State Board of Election Commissioners may impose graduated civil fines (up to $1,000 generally, $5,000 for intent to cause violence, or $10,000 for repeat offenders), and depicted candidates have a private right to seek injunctive or equitable relief within two years. Three categories of activity are exempt: bona fide news broadcasts with authenticity disclaimers or federally mandated candidate ads, news publications with authenticity disclaimers, and satire or parody.

Compliance actions 2 items
1
No personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) may distribute synthetic mediaSynthetic media"Synthetic media" means an image, audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology, including without limitation artificial intelligence, in a manner to create a realistic but false image, audio, or video.Ark. Code § 7-6-106(a)(5) that the personPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) knows or should know is a deceptive and fraudulent deepfake of a candidate or political party on a state or local ballot within 90 days of an election, unless the media includes the required disclosure statement.
CP-01.7
2
PersonsPerson"Person" means: (A) An individual; (B) A partnership, corporation, company, association, or any other business entity; (C) A not-for-profit corporation or association; (D) An educational or religious institution; (E) A political party; or (F) A community, civic, or other organization.Ark. Code § 7-6-106(a)(3) distributing deceptive and fraudulent deepfakes of candidates or political parties within 90 days of an election must include a disclosure stating This content has been manipulated or artificially generated — displayed in visual media at the largest font size for the full duration of any video, and in audio-only media read clearly at the beginning, end, and at two-minute intervals for content exceeding two minutes.
CP-01.6

Passage Likelihood

Failed
Status Failed
Final action Died in House Committee at Sine Die adjournment.

Legislative History

2024-11-20 Filed
2025-01-13 Read the first time, rules suspended, read the second time and referred to the Committee on STATE AGENCIES & GOVT'L AFFAIRS- HOUSE
2025-01-16 Placed on second reading for the purpose of amendment.
2025-01-16 Amendment No. 1 read and adopted and the bill ordered engrossed.
2025-01-16 REPORTED CORRECTLY ENGROSSED
2025-02-27 Placed on second reading for the purpose of amendment.
2025-02-27 Amendment No. 2 read and adopted and the bill ordered engrossed.
2025-02-27 REPORTED CORRECTLY ENGROSSED
2025-03-19 Placed on second reading for the purpose of amendment.
2025-03-19 Amendment No. 3 read and adopted and the bill ordered engrossed.
2025-03-19 REPORTED CORRECTLY ENGROSSED
2025-05-05 Died in House Committee at Sine Die adjournment.

Entry Last Reviewed

2026-05-20
AI generated