Stricken language would be deleted from and underlined language would be added to present law.
Act 982 of the Regular Session
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State of Arkansas As Engrossed: H4/9/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1975 3
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By: Representative Gramlich 5
By: Senator Dees 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE CHILD CONTENT CREATION 9
PROTECTION ACT; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO CREATE THE CHILD CONTENT CREATION 14
PROTECTION ACT. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code Title 4, Chapter 88, is amended to add an 20
additional subchapter to read as follows: 21
Subchapter 15 — Child Content Creation Protection Act 22
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4-88-1501. Title. 24
This subchapter shall be known and may be cited as the "Child Content 25
Creation Protection Act". 26
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4-88-1502. Definitions. 28
As used in this subchapter: 29
(1)(A) "Content creator" means a parent or legal guardian 30
residing in the State of Arkansas who creates static image or video content 31
that is performed in the State of Arkansas in exchange for compensation and 32
includes without limitation a: 33
(i) Vlogger; 34
(ii) Podcaster; 35
(iii) Social media influencer; and 36 As Engrossed: H4/9/25 HB1975
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(iv) Streamer. 1
(B) "Content creator" does not include a minor who 2
produces his or her own content; 3
(2) "Minor" means a person seventeen (17) years of age or 4
younger who resides in the State of Arkansas; 5
(3) "Personal identifying information" means information that 6
allows a person to uniquely identify another person based on factors that 7
include without limitation the person's image, voice, name, or contact 8
information; 9
(4) "Social graph" means the list of people that an account 10
holder is connected to using a friending function or similar functionality on 11
a social media platform, not including the act of subscribing to content from 12
another account holder; 13
(5) "Social media platform" means a public or semipublic 14
internet-based service or application that has account holders in the State 15
of Arkansas and with respect to account holders: 16
(A) Connects account holders to allow them to interact 17
socially with other account holders within the service or application; 18
(B) Permits public posting of account holder -generated 19
content without accessibility being limited to a particular social graph; and 20
(C) Permits interaction with other account holders' 21
content outside of a limited social graph, including without limitation 22
content recommended from persons that the account holder does not follow; and 23
(6) "Uniquely identifiable" means an individual, other than an 24
individual submitting a privacy removal request, who could identify the 25
individual submitting the privacy removal request separately from other 26
individuals based on personal identifying information. 27
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4-88-1503. Compensation for content creation featuring minor — Records 29
— Trust account required — Right to civil action. 30
(a) Except as otherwise provided in this section, a minor is engaging 31
in the work of content creation if he or she meets the following criteria 32
during the previous twelve (12) month period: 33
(1)(A) At least thirty percent (30%) of a content creator's 34
compensated content produced within one (1) thirty -day day period includes 35
the likeness, name, or photograph of the minor. 36 As Engrossed: H4/9/25 HB1975
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(B) Content percentage in subdivision (a)(1)(A) of this 1
section is measured by the percentage of time that the likeness, name, or 2
photograph of the minor is visible or is the subject of an oral narrative in 3
content as compared to the total length of the content segment; 4
(2) The number of views received per content segment on a social 5
media platform met the social media platform's threshold for the generation 6
of compensation or the content creator received actual compensation for 7
content equal to or greater than ten cents ($0.10) per view; and 8
(3) The content creator received actual compensation for content 9
of at least fifteen thousand dollars ($15,000) in the previous twelve -month 10
month period. 11
(b) A minor who is thirteen (13) years of age or older may produce, 12
create, and publish his or her own content and is entitled to all 13
compensation for his or her own content creation. 14
(c)(1) A content creator whose content features a minor engaged in the 15
work of content creation as described in subdivision (a)(1) of this section 16
shall maintain the following records until the minor reaches twenty -one (21) 17
years of age: 18
(A) The name and documentary proof of the age of the minor 19
engaged in the work of content creation as of the date that the content 20
creator begins creating content; 21
(B) The number of posts that generated compensation during 22
the reporting period; 23
(C) The total number of minutes of the posts that the 24
content creator received compensation for during the reporting period; 25
(D) The total number of minutes that each minor was 26
featured in posts during the reporting period; 27
(E) The total compensation generated from posts featuring 28
a minor during the reporting period; and 29
(F) The amount deposited into the trust account for the 30
benefit of the minor engaged in the work of content creation as required by 31
subdivision (d)(1)(B) of this section. 32
(2)(A)(i) The records required to be maintained under 33
subdivision (c)(1) of this section shall be readily accessible to the minor 34
for his or her review. 35
(ii) The content creator shall provide notice to the 36 As Engrossed: H4/9/25 HB1975
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minor of the existence of the records under subdivision (c)(1) of this 1
section. 2
(B)(i) If a content creator whose content features a minor 3
engaged in the work of content creation fails to maintain the records 4
required under subdivision (c)(1) of this section, the minor may commence a 5
civil action to enforce the provisions of this subsection. 6
(ii) If a minor prevails in an action brought under 7
subdivision (c)(2)(B)(i) of this section, the court may award: 8
(a) Injunctive relief; 9
(b) Actual damages; 10
(c) Punitive damages; and 11
(d) The cost of the action, including without 12
limitation attorney's fees and litigation costs. 13
(d)(1) A content creator shall: 14
(A) Compensate a minor who engages in the work of content 15
creation under this section; 16
(B) Set aside gross earnings on the content created by a 17
minor engaging in the work of content creation under this section, including 18
without limitation the likeness, name, or photograph of the minor, in a trust 19
account; and 20
(C) Preserve the trust account under subdivision (d)(1)(B) 21
of this section for the benefit of the minor until the minor reaches eighteen 22
(18) years of age according to the distribution under subdivision (d)(2) of 23
this section. 24
(2)(A) When only one (1) minor engaged in the work of content 25
creation meets the content threshold described in subdivision (a)(1)(A) of 26
this section, the percentage of total gross earnings on any content segment, 27
including the likeness, name, or photograph of a minor, that is equal to or 28
greater than one-half (1/2) of the content percentage that includes the minor 29
as described under subdivision (a)(1)(A) of this section shall be paid into 30
the minor's trust account under this subsection. 31
(B) When more than one (1) minor engaged in the work of 32
content creation meets the content threshold described in subdivision 33
(a)(1)(A) of this section, the percentage of total gross earnings on any 34
content segment, including the likeness, name, or photograph of a minor, that 35
is equal to or greater than one -half (1/2) of the content percentage that 36 As Engrossed: H4/9/25 HB1975
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includes the minor as described under subdivision (a)(1)(A) of this section 1
shall be divided equally between each of the minors, regardless of any 2
difference in the percentage of content provided by the individual minors, 3
and paid into a separate trust account for each minor under this subsection. 4
(3)(A) A trust account under this subsection shall provide, at a 5
minimum, that: 6
(i) The funds in the trust account be available only 7
to the minor engaged in the work of content creation; 8
(ii) The trust account shall be held by a bank or 9
trust company, as those terms are defined under § 23 -51-102; 10
(iii) The funds in the trust account shall become 11
available to the minor engaged in the work of content creation when the minor 12
reaches eighteen (18) years of age, or upon entry of an order of emancipation 13
of the minor by a court of competent jurisdiction; and 14
(iv) The trust account meets the requirements under 15
the Arkansas Uniform Transfers to Minors Act, § 9 -26-201 et seq. 16
(B)(i) If a content creator knowingly or recklessly 17
violates subdivision (d)(3)(A) of this section, the minor may commence an 18
action to enforce the provisions of this subsection. 19
(ii) If a minor prevails in an action brought under 20
subdivision (c)(2)(B)(i) of this section, the court may award: 21
(a) Injunctive relief; 22
(b) Actual damages; 23
(c) Punitive damages; and 24
(d) The cost of the action, including without 25
limitation attorney's fees and litigation costs. 26
(e) This section does not: 27
(1) Affect a right or remedy available under any other law of 28
this state; or 29
(2) Have any effect on a party that is neither the content 30
creator nor the minor engaged in the work of content creation. 31
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4-88-1503. Privacy removal requests. 33
(a) A social media platform shall provide an easily accessible 34
mechanism through which a minor who is featured in a content creator's 35
content or an adult who was featured in a content creator's content as a 36 As Engrossed: H4/9/25 HB1975
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minor on or after the effective date of this subchapter may submit a request 1
for the content creator to: 2
(1) Delete the content from the social media platform; or 3
(2) Edit the content to remove the minor's or adult who was 4
featured as a minor's private information if the minor or the adult who was 5
featured as a minor is uniquely identifiable. 6
(b) A removal request submitted to a social media platform under this 7
section shall include all information reasonably requested by the online 8
platform to identify the minor or adult who was featured as a minor and the 9
relevant content. 10
(c)(1) A social media platform shall notify the content creator 11
responsible for the content of the content creator's obligation to remove the 12
content within a reasonable time period not to exceed thirty (30) days. 13
(2) A content creator who receives notice under subdivision 14
(c)(1) of this section shall: 15
(A) Delete the relevant content from the social media 16
platform; or 17
(E) Edit the relevant content to remove the minor's or 18
adult who was featured as a minor's uniquely identifiable information no 19
later than seventy-two (72) hours after receipt of the notification. 20
(3) If the content creator responsible for the content fails to 21
take action after a reasonable time period not to exceed thirty (30) days 22
under this subsection: 23
(A)(i) The minor or adult who was featured as a minor may 24
commence an action to enforce this subsection. 25
(ii) If a minor prevails in an action brought under 26
subdivision (c)(3)(A)(i) of this section, the court may award: 27
(a) Injunctive relief; 28
(b) Actual damages; 29
(c) Punitive damages; and 30
(d) The cost of the action, including without 31
limitation attorney's fees and litigation costs; and 32
(B) The social media platform shall review and take all 33
reasonable steps to remove the content from the online platform unless: 34
(i) The minor or adult who was featured in the 35
content creator's content as a minor does not submit sufficient, accurate 36 As Engrossed: H4/9/25 HB1975
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information; or 1
(ii) The social media platform finds that the 2
content is sufficiently newsworthy or of other public interest to outweigh 3
the privacy interests of the minor or adult who was featured in the content 4
creator's content as a minor. 5
(d) This section does not affect a right or remedy available under any 6
other law of this state. 7
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4-88-1504. Intentional sexualization of a minor — Exception. 9
(a)(1) Except as provided in subdivision (a)(2) of this section, it 10
shall be unlawful to financially benefit from knowingly producing or 11
distributing publicly, including without limitation by computer, any visual 12
depiction of a minor with the intent to sexually gratify or elicit a sexual 13
response in the viewer or any other person. 14
(2) This section: 15
(A) Does not prohibit any lawfully authorized 16
investigative, protective or intelligence activity of: 17
(i) A law enforcement agency of this state; 18
(ii) A political subdivision of this state; 19
(iii) A law enforcement agency of the United States; 20
or 21
(iv) An intelligence agency of the United States; 22
(B) Shall not apply: 23
(i) In the case of an individual acting in good 24
faith to report unlawful activity or in pursuance of a legal, professional, 25
or other lawful obligation; 26
(ii) In the case of a document production or filing 27
associated with a legal proceeding; and 28
(iii) To a social media platform regarding content 29
provided by creators unless the social media platform intentionally solicits, 30
or knowingly and predominantly distributes, the content; and 31
(C) Shall not impose liability in a manner that is 32
inconsistent with 47 U.S.C. § 230, as it existed on January 1, 2025. 33
(b)(1) If a person violates this section or attempts or conspires to 34
violate this section, the minor may commence an action to enforce the 35
provisions of this section. 36 As Engrossed: H4/9/25 HB1975
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(2) If a minor prevails in an action brought under subdivision 1
(b)(1) of this section, the court may award: 2
(A) Injunctive relief; 3
(B) Actual damages; 4
(C) Punitive damages; and 5
(D) The cost of the action including without limitation 6
attorney's fees and litigation costs. 7
(c) This section does not affect a right or remedy available under any 8
other law of this state. 9
(d)(1) A social media platform shall develop and implement a risk -10
based strategy to help mitigate risks related to monetization of the 11
intentional sexualization of known minors that occurs in the context of known 12
minors' engagement in the work of content creation. 13
(2) The strategy under subdivision (d)(1) of this section: 14
(A) Shall be documented and reassessed on a reasonably 15
recurring basis; and 16
(B) May include at the sole discretion of the social media 17
platform commercially reasonable: 18
(i) Policies that govern content and related 19
monetization; 20
(ii) Restrictions of features on content featuring 21
minors; 22
(iii) Use of an automated system to identify and 23
enforce against potentially problematic content and accounts; 24
(iv) Inclusion of precautions to mitigate against 25
recommendation systems surfacing content of interest to offenders; and 26
(v) Quality assurance processes recurring at 27
reasonable intervals to ensure that the social media platform's mitigation 28
procedures under this subsection are working as intended. 29
(e)(1) A social media platform shall ensure that information about its 30
content policies, settings, and best practices for content featuring minors 31
are publicly available, understandable to both adults and minors, and 32
informed by research and outside expertise. 33
(2) The information under subdivision (e)(1) of this section 34
shall: 35
(A) Inform content creators that they may be subject to 36 As Engrossed: H4/9/25 HB1975
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various legal requirements under the laws of this state; and 1
(B) Explain risks and steps to protect minors appearing in 2
posts from exploitation. 3
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SECTION 2. DO NOT CODIFY. Effective date. 5
This act shall be effective on July 1, 2026. 6
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/s/Gramlich 8
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APPROVED: 4/22/25 11
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