Ark. Code Ann. § 4-88-1403: Liability for social media companies

(a) (1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification. (2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted. (b) (1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 . (2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 . (c) (1) A social media company that violates this subchapter is liable to an individual for: (A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or (B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court. (d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers. (e) An internet service provider, or any of its affiliates or subsidiaries, or search engines, shall not violate this subchapter solely by providing access, connection to or from a website, or other information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform. Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.

(a) (1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification. (2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.

(1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification.

(2) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.

(b) (1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 . (2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 .

(1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 .

(2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 .

al media company that allegedly commits a violation of § 4-88-1402 .

(1) As authorized under § 4-88-103 , a prosecutor may initiate an enforcement action against a social media company that allegedly violates § 4-88-1402 .

(2) As authorized under § 4-88-104 , the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of § 4-88-1402 .

(c) (1) A social media company that violates this subchapter is liable to an individual for: (A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or (B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

(1) A social media company that violates this subchapter is liable to an individual for: (A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or (B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

(A) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or

(B) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

(d) This section does not: (1) Apply to a news or public interest broadcast, website video, report, or event; (2) Affect the rights of a news-gathering organization; or (3) Apply to cloud service providers.

(1) Apply to a news or public interest broadcast, website video, report, or event;

(2) Affect the rights of a news-gathering organization; or

(3) Apply to cloud service providers.

(e) An internet service provider, or any of its affiliates or subsidiaries, or search engines, shall not violate this subchapter solely by providing access, connection to or from a website, or other information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform.