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Law / United States / Arkansas

Act 827 of 2025 (HB 1529), Unlawful Creation or Distribution of Deepfake Visual Material

Ark. Code Ann. §§ 5-14-139, 16-118-119

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not knowingly create or distribute, without the depicted person's consent, an AI-generated or AI-modified visual depiction that an ordinary person would conclude shows an identifiable person nude or engaged in sexual conduct.NIST AI RMFMAP 3.3
  • If you provide or develop prompt-based image-generation technology, put reasonable safeguards in place against its use to generate this kind of deepfake visual material; without them, the Attorney General may sue you directly over material it was used to create.NIST AI RMFMEASURE 2.6
  • A person injured by a violation may sue you directly, whether you created the deepfake or provided or developed the image-generation technology used to create it, for actual, compensatory, or punitive damages, injunctive relief, attorney's fees, and costs.
  • This offense does not reach a provider of, or an affiliate of a provider of, a telecommunication service, information service, or cable service as defined in 47 U.S.C. § 153, for content provided by another person.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
  • MEASURE 2.6The AI system is evaluated regularly for safety risks – as identified in the MAP function. The AI system to be deployed is demonstrated to be safe, its residual negative risk does not exceed the risk tolerance, and it can fail safely, particularly if made to operate beyond its knowledge limits. Safety metrics reflect system reliability and robustness, real-time monitoring, and response times for AI system failures.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

Unlawful creation or distribution of deepfake visual material is a Class A misdemeanor for a first offense and a Class D felony for a second or subsequent offense.

Who enforces it

Enforcement body

Arkansas prosecuting attorneys and the Arkansas Attorney General

Settledness

As of
Open questions
  • What safeguards are 'reasonable safeguards' under Ark. Code Ann. 16-118-119(a)(2) for a provider or developer of image generation technology, when Act 827 states no standard for them?
  • Are the 'reasonable safeguards' in Ark. Code Ann. 16-118-119(a)(2) judged as they stood when the deepfake visual material was generated, or as they stand when the Attorney General sues?

What it makes you log

Logging duty

Act 827 criminalizes creating or distributing deepfake visual material and creates civil causes of action against the creator and against a provider or developer of image-generation technology that lacked reasonable safeguards against its use to generate this material. The reasonable-safeguards standard is judged after the fact in litigation; the Act imposes no duty to create, keep, or produce a log or record of any kind.

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

Act 827 creates the offense of unlawful creation or distribution of deepfake visual material: without the depicted person's consent, knowingly creating or distributing an AI-generated or AI-modified visual depiction that an ordinary person would conclude shows an identifiable person nude or engaged in sexual conduct. A first offense is a Class A misdemeanor and a second or subsequent offense is a Class D felony.

The Act separately creates a civil cause of action: a person injured by a violation may sue whoever created the deepfake or the provider or developer of the image-generation technology used to create it, and the Attorney General may separately sue a provider or developer of prompt-based image-generation technology used to create the material if that provider or developer lacked reasonable safeguards against generating it.

Ark. Code Ann. § 5-14-139(d) exempts a provider of, or an affiliate of a provider of, a telecommunication service, information service, or cable service as defined in 47 U.S.C. § 153, for content provided by another person. Approved .

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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Page updated .