Law / United States / 
Arkansas
Act 612 of 2023 (SB66), Protection of Minors from Distribution of Harmful Material Act
Act 612 of 2023 (SB66), codified at Ark. Code Ann. § 4-88-1101 et seq.
In force since .
An adult content age verification (AV) rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Audit expectation
- none
What it requires
- Applies to a commercial entity whose website content is more than one third material harmful to minors; commercial websites that are social media platforms are excluded.
- Perform reasonable age verification that visitors are 18 or older, using a government issued ID, digital identification, or a commercially reasonable method meeting identity assurance level 2; failing to do so makes the entity liable.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Private civil action under Ark. Code Ann. Sec. 4-88-1105(b), (c); the subchapter creates no Attorney General enforcement or civil-penalty provision of its own.
Settledness
- As of
- Open questions
- How is 'total material on a website' measured for the 'substantial portion' threshold of more than 33.33 percent in Section 4-88-1103(10), by number of items, running time or traffic, on a site that mixes material harmful to minors with other content?
- Does a website stay below the 'substantial portion' threshold in Section 4-88-1103(10) when more than 33.33 percent of the material on only some of its pages or subdomains is harmful to minors?
What it reaches
Age threshold
18
Covered services
Commercial websites, excluding social media platforms, where more than one third of content is material harmful to minors.
Obligation class
Age verification
Verification methods
Gov ID, Digital ID, Third party service
Applicability criteria
Section 4-88-1104(a) and Section 4-88-1105(a)(1) attach the age verification duty and the liability to a commercial entity whose website contains a substantial portion of material harmful to minors, a term Section 4-88-1103(10) defines by this share.
- As of
- Combinator
- All of
- Criteria
- publishes or distributes material harmful to minors from a website on which more than thirty-three and thirty-three hundredths percent (33.33%) of total material meets the definition of material that is harmful to minors
What it makes you log
Log retention
- As of
- Basis
- Fixed
- Prohibits retaining
- Any identifying information of the individual, once access to the material has been granted, whether the commercial entity or a third party vendor performed the age verification
Logging duty
Sections 4-88-1104 and 4-88-1105 require a reasonable age verification before access and bar keeping the individual's identifying information afterward; they name no record, log or report of the check.
- Kind
- None
- As of
What this law does
Makes a commercial entity liable if its website contains a substantial portion of material harmful to minors, as the applicability criteria define it, 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.
When LexLint raises it
When your app profile says your app publishes adult content.
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