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Republican Sponsorship
Civil Rights

HB1823

To Establish The Disrupt Explicit Forged Images And Nonconsensual Edits Act Of 2025; And To Clarify The Rights For An Individual Affected By Nonconsensual Activities Involving Intimate Digital Forgeries.

Failed

Last Action (May 5, 2025): Died in House Committee at Sine Die adjournment.

Sponsors

AI-Generated Summary

House Bill 1823, titled the 'Disrupt Explicit Forged Images and Nonconsensual Edits Act of 2025,' establishes a legal framework for individuals to take civil action against those who produce, possess, or disclose nonconsensual intimate digital forgeries or explicit visual depictions. It defines key terms such as 'digital forgery' and 'intimate visual depiction,' focusing on material created through artificial intelligence or other technological means without the subject's consent. The bill provides victims the right to sue for actual or liquidated damages of $150,000, as well as attorney's fees and equitable relief like injunctions. It includes provisions to protect the privacy of plaintiffs, such as the use of pseudonyms and sealed records. Furthermore, it outlines specific exceptions for scenarios like law enforcement investigations, medical purposes, and matters of public concern. The bill also establishes a ten-year statute of limitations for filing claims and prevents duplicative recovery if a defendant has already been held liable under federal law for the same act.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals whose likenesses have been used without their consent to create, distribute, or possess nonconsensual intimate digital forgeries or explicit images. This includes adults and minors whose privacy and reputation are harmed by deepfake technology or nonconsensual sexual imagery, as well as the families and legal representatives of those who are incapacitated, deceased, or minors.

Who Might Suffer?

The bill would negatively impact individuals who knowingly or recklessly produce, distribute, or possess nonconsensual intimate images or digital forgeries of others, as they would face significant civil liability and potential financial penalties. Additionally, technology developers, social media platforms, or content distributors could face increased legal risk or the necessity to implement stricter content moderation practices to avoid being held liable under the act's provisions.

Read Full Bill on arkleg.state.ar.us