Law / United States / Arkansas

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

Act 901 of 2025 (SB612), codified at Ark. Code Ann. §§ 4-88-1501 to 4-88-1503

In force since partly blocked by a court, under challenge in court.

A social media and minors rule binding private bodies.

Covered services
Social media platforms as statutorily defined.
How the hook was established
express
What makes it apply
User location
Obligation class
Prohibition
Audit expectation
none
Court action

A suit challenging this law is pending. No court has blocked it. Premium data

What it requires

  • Applies to social media platforms as statutorily defined. Do not let a platform's design, algorithm or feature cause a minor to suffer harm such as an eating disorder, suicide or attempted suicide, or platform addiction.

These lines are LexLint's reading of the law's text. Also read by: NetChoice, LLC v. Griffin, No. 5:25-CV-5140 (W.D. Ark. ) (recorded ).

If you get it wrong

Criminal exposureNo

Private right of actionYes

Penalty structure

This civil penalty is separate from the uncapped actual and punitive damages available to a parent or guardian under Ark. Code Ann. Sec. 4-88-1503(b).

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
10,000

Who enforces it

Enforcement body

Ark. Code Ann. Sec. 4-88-1503(a) creates a civil penalty of up to $10,000 per violation for a knowing and willful violation without naming who may bring that action; a parent or guardian may separately bring a private civil action under Sec. 4-88-1503(b) after a minor's suicide or attempted suicide.

Litigation

Court
U.S. District Court for the Western District of Arkansas
Docket
NetChoice, LLC v. Griffin, No. 5:25-cv-05140 (W.D. Ark.)
Posture
Preliminarily enjoined on as likely violating the First Amendment and unconstitutionally vague; the injunction has been reported as on appeal to the Eighth Circuit.

Settledness

The court declined to enjoin section 1503(b), the private right of action, because the defendants disclaim enforcement authority over it.

As of
Case link
https://www.govinfo.gov/content/pkg/USCOURTS-arwd-5_25-cv-05140/pdf/USCOURTS-arwd-5_25-cv-05140-0.pdf
Case citation
NetChoice, LLC v. Griffin, No. 5:25-CV-5140 (W.D. Ark. )
Under challenge
Yes
Open questions
  • Does 'otherwise advancing, self-harm or suicide' in Section 4-88-1503(b)(1) reach online content that depicts or discusses suicide without encouraging it?
  • When content reaches a minor through more than one app or website, which social media platform 'facilitated the immediate connection between the victim and the content' under Sections 4-88-1503(b)(1) and 4-88-1501(a)(1)?

What it makes you log

Logging duty

Section 4-88-1502 bars a social media platform from using a design, algorithm or feature that it knows or should know causes a user to buy a controlled substance, develop an eating disorder, attempt suicide or develop an addiction. It names no age check and no record, log or report. The 30 day correction safe harbor in Section 4-88-1502(b) is a defense a platform may prove, not a duty to keep a record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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 and effective with no separate effective date clause.

How courts have read itPremium data

Our analysis of this law draws on 1 court ruling.

What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.

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When LexLint raises it

When your app profile says your app operates a social platform.

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