Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1041 3
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By: Representative A. Collins 5
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT DECEPTIVE AND FRAUDULENT DEEPFAKES 9
IN ELECTION COMMUNICATIONS; TO PROVIDE FOR A CAUSE OF 10
ACTION AND CIVIL PENALTIES FOR THE USE OF DECEPTIVE 11
AND FRAUDULENT DEEPFAKES; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO PROHIBIT DECEPTIVE AND FRAUDULENT 16
DEEPFAKES IN ELECTION COMMUNICATIONS. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 7, Chapter 6, Subchapter 1, is amended 21
to add an additional section to read as follows: 22
7-6-106. Deceptive and fraudulent deepfakes — Definitions — Penalty — 23
Exceptions. 24
(a) As used in this section: 25
(1) "Deceptive and fraudulent deepfake" means synthetic media 26
that: 27
(A) Inaccurately alters or artificially generates the 28
speech, conduct, image, or likeness of a candidate or political party with 29
the intent to injure the reputation of the candidate or political party or 30
otherwise deceive a voter; and 31
(B)(i) Appears to a reasonable person to depict an 32
individual saying or doing something that did not actually occur in reality; 33
or 34
(ii) Provides a reasonable person a fundamentally 35
different understanding or impression of the speech, conduct, image, or 36 HB1041
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likeness of a candidate or a political party than a reasonable person would 1
have from an unaltered, original version of the image, audio recording, or 2
video recording; 3
(2) "Individual" means a natural person; 4
(3) "Person" means: 5
(A) An individual; 6
(B) A partnership, corporation, company, association, or 7
any other business entity; 8
(C) A not-for-profit corporation or association; 9
(D) An educational or religious institution; 10
(E) A political party; or 11
(F) A community, civic, or other organization; 12
(4) "Radio or television broadcasting station" includes without 13
limitation a cable or satellite radio or television operator, programmer, or 14
producer; and 15
(5) "Synthetic media" means an image, audio recording, or a 16
video recording of an individual's appearance, speech, or conduct that has 17
been created or intentionally manipulated with the use of generative 18
adversarial network techniques or other digital technology, including without 19
limitation artificial intelligence, in a manner to create a realistic but 20
false image, audio, or video. 21
(b)(1) Except as provided in subdivision (b)(2) of this section, a 22
person shall not, within ninety (90) days of an election in which a candidate 23
for an elected office will appear on the ballot, distribute synthetic media 24
that the person knows or should know is a deceptive and fraudulent deepfake 25
of a candidate or party on the state or local ballot. 26
(2)(A) A person may, within ninety (90) days of an election in 27
which a candidate for an elected office will appear on the ballot, distribute 28
synthetic media that the person knows or should know is a deceptive and 29
fraudulent deepfake of a candidate or party on the state or local ballot if 30
the synthetic media includes a disclosure, including without limitation the 31
following statement: "This content has been manipulated or artificially 32
generated." 33
(B)(i) If the synthetic media is visual, the text of the 34
disclosure in subdivision (b)(2)(A) of this section shall appear in a size 35
that is: 36 HB1041
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(a) Easily readable by the average viewer; and 1
(b) No smaller than the largest font size of 2
other text appearing in the visual media. 3
(ii) If the synthetic media is visual and in a video 4
or other format in which the synthetic media image changes, the disclosure 5
shall appear for the duration of the video or image clip. 6
(C) If the synthetic media consists of audio only, the 7
disclosure shall be: 8
(i) Read in a clearly spoken manner; and 9
(ii) In a pitch that can be easily heard by the 10
average listener at the: 11
(a) Beginning of the audio; 12
(b) End of the audio; and 13
(c) If the audio is more than two (2) minutes 14
in length, interspersed within the audio at intervals of no fewer than two 15
(2) minutes each. 16
(c)(1) A candidate or previous candidate whose appearance, action, or 17
speech is depicted through the use of a deceptive and fraudulent deepfake in 18
violation of subsection (b) of this section may seek injunctive or other 19
equitable relief prohibiting the publication of the deceptive and fraudulent 20
deepfake within two (2) years of the election date in the election in which 21
the deceptive and fraudulent deepfake was first used. 22
(2) The State Board of Election Commissioners may find an 23
individual liable for violating subsection (b) of this section and impose a 24
civil penalty of: 25
(A) The payment of a fine of not more than ten thousand 26
dollars ($10,000), if the person committed the offense within five (5) years 27
of one (1) or more previous convictions under this section; 28
(B) The payment of a fine of not more than five thousand 29
dollars ($5,000), if the person commits the violation with the intent to 30
cause violence or bodily harm to any person; or 31
(C) In any other case, to payment of a fine of not more 32
than one thousand dollars ($1,000). 33
(d) This section does not apply to: 34
(1) A radio or television broadcasting station that broadcasts a 35
deceptive and fraudulent deepfake prohibited under subsection (b) of this 36 HB1041
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section as part of a bona fide newscast, news interview, news documentary, or 1
on-the-spot coverage of bona fide news events if: 2
(A) The broadcast clearly acknowledges in a manner that 3
can be easily heard or read by the average listener or viewer, through 4
content or disclosure, that the authenticity of the deceptive and fraudulent 5
deepfake cannot be confirmed; or 6
(B) Federal law requires a broadcaster to air an 7
advertisement from a legally qualified candidate that includes the deceptive 8
and fraudulent deepfake; 9
(2) An internet website or regularly published newspaper, 10
magazine, or other periodical of general circulation, including an internet 11
or electronic publication, that: 12
(A) Routinely carries news and commentary of general 13
interest; and 14
(B) Publishes a deceptive and fraudulent deepfake in 15
violation of subsection (b) of this section, if the publicaiton clearly 16
states that the authenticity of the deceptive and fraudulent deepfake cannot 17
be confirmed; and 18
(3) Synthetic media that constitutes satire or parody. 19
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