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 SENATE BILL 611 3
4
By: Senator Dees 5
By: Representative Eubanks 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE SOCIAL MEDIA SAFETY ACT; AND FOR 9
OTHER PURPOSES. 10
11
12
Subtitle 13
TO AMEND THE SOCIAL MEDIA SAFETY ACT. 14
15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 16
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SECTION 1. Arkansas Code § 4 -88-1401 is amended to read as follows: 18
4-88-1401. Definitions. 19
As used in this subchapter: 20
(1) “Account holder” means an individual who creates an account 21
primarily uses, manages, or otherwise controls an account or a profile to use 22
a social media platform; 23
(2) "Addictive feed" means an internet -based service, covered 24
social media platform, application, or software, or a portion thereof, in 25
which multiple pieces of media, including without limitation images, text, 26
videos, games, or other content, are presented to the user, either 27
concurrently or sequentially, or otherwise recommended, selected, or 28
prioritized for display based, in whole or in part, on information provided 29
by the user, associated with the user's device or online history, or 30
otherwise inferred from the user's use of the covered social media platform 31
or other online service, unless: 32
(A) The user has personally selected the information; or 33
(B) The content is entirely composed of direct, private 34
communications between users; 35
(2)(3) “Arkansas user” means an individual who is a resident of 36 SB611
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the State of Arkansas and who accesses or attempts to access a social media 1
platform while present in this state by accessing the social media platform 2
using an Arkansas internet protocol address or otherwise known or believed to 3
be in this state while using the social media platform , including without 4
limitation through the use of a virtual privacy network that gives the 5
appearance that the individual is not located in this state when he or she is 6
in this state; 7
(3)(4)(A) “Commercial entity” means a corporation, limited 8
liability company, partnership, limited partnership, sole proprietorship, or 9
other legally recognized entity. 10
(B) “Commercial entity” includes a third -party vendor; 11
(5) "Content sharing" means the distribution or display of user -12
generated content or third -party content, including without limitation text, 13
images, video, or audio, to other users or the public via a covered social 14
media platform; 15
(6)(A) "Covered social media platform" means a social media 16
platform, messaging service, or other online platform that requires an 17
internet connection to be accessed and is used or is likely being used by a 18
minor. 19
(B) "Covered social media platform" does not include an 20
email service provider, not -for-profit organization, public or private 21
school, business-to-business software, common carrier, or broadband internet 22
service; 23
(7) "Digital user community" means a group of users who can 24
engage with the same content by following or subscribing, or repeatedly 25
seeking out, the same content producers, themes, or ideas; 26
(4)(8) “Digitized identification card” means a data file 27
available on a mobile device that has connectivity to the internet through a 28
state-approved application that allows the mobile device to download the data 29
file from the Office of Driver Services that contains all of the data 30
elements visible on the face and back of a driver's license or identification 31
card and displays the current status of the driver's license or 32
identification card, including valid, expired, cancelled, suspended, revoked, 33
active, or inactive; 34
(9) "Messaging service" means a service designed to facilitate 35
one-on-one or one-on-group messages through one (1) or more of the following: 36 SB611
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(A) Text; 1
(B) Images; 2
(C) Videos; or 3
(D) Images; 4
(5)(10) “Minor” means an individual under eighteen (18) sixteen 5
(16) years of age who is in the State of Arkansas ; 6
(6)(11) “Reasonable age verification” means to confirm that a 7
person seeking to access a social media platform is at least eighteen (18) 8
sixteen (16) years of age; 9
(7)(A) “Social media company” means an online forum that a 10
company makes available for an account holder to: 11
(i) Create a public profile, establish an account, 12
or register as a user for the primary purpose of interacting socially with 13
other profiles and accounts; 14
(ii) Upload or create posts or content; 15
(iii) View posts or content of other account 16
holders; and 17
(iv) Interact with other account holders or users, 18
including without limitation establishing mutual connections through request 19
and acceptance. 20
(B) “Social media company” does not include a: 21
(i)(a) Media company that exclusively offers 22
subscription content in which users follow or subscribe unilaterally and 23
whose platform's primary purpose is not social interaction. 24
(b) A social media company that allows a user 25
to generate short video clips of dancing, voice -overs, or other acts of 26
entertainment in which the primary purpose is not educational or informative 27
does not meet the exclusion under subdivision (7)(B)(i)(a) of this section; 28
(ii) Media company that exclusively offers 29
interacting gaming, virtual gaming, or an online service, that allows the 30
creation and uploading of content for the purpose of interacting gaming, 31
entertainment, or associated entertainment, and the communication related to 32
that content; 33
(iii) Company that: 34
(a) Offers cloud storage services, enterprise 35
cybersecurity services, educational devices, or enterprise collaboration 36 SB611
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tools for kindergarten through grade twelve (K -12) schools; and 1
(b) Derives less than twenty -five percent 2
(25%) of the company's revenue from operating a social media platform, 3
including games and advertising; or 4
(iv) Company that provides career development 5
opportunities, including professional networking, job skills, learning 6
certifications, and job posting and application services; 7
(8)(A)(12)(A) “Social media platform” means a public or 8
semipublic internet-based service or application business entity or 9
organization that operates an online platform, application, or service that : 10
(i) That has users in Arkansas Is designed to 11
facilitate user-to-user, user-to-group, or user-to-public interaction, 12
expression, or communication ; and 13
(ii)(a) On which a substantial function of the 14
service or application is to connect users in order to allow users to 15
interact socially with each other within the service or application. Assigns, 16
utilizes, or relies on a unique identifier, username, profile name, or image 17
that is associated with a specific user account; 18
(b) A service or application that provides 19
email or direct messaging shall not be considered to meet the criteria under 20
subdivision (8)(A)(ii)(a) of this section on the basis of that function 21
alone. 22
(iii) Provides mechanisms for a user to create an 23
online profile comprised of personal or professional information, including 24
without limitation a user's name, username, address, date of birth, 25
educational pedigree, professional details, interests, activities, or 26
connections; 27
(iv) Employs features that allow a user to connect, 28
follow, or establish a relationship with other users and creates a network of 29
interactions either in real time or asynchronously, including without 30
limitation virtual likes and dislikes ; 31
(v) Generates revenue primarily through user 32
engagement, including without limitation through advertising, user data 33
monetization, or premium content; and 34
(vi) Is accessed by Arkansas users . 35
(B) “Social media platform” does not include an online 36 SB611
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service, a website, or an application if the predominant or exclusive 1
function is: 2
(i) Email; 3
(ii) Direct messaging consisting of messages, 4
photos, or videos that are sent between devices by electronic means if 5
messages are: 6
(a) Shared between the sender and the 7
recipient or recipients; 8
(b) Only visible to the sender and the 9
recipient or recipients; and 10
(c) Not posted publicly; 11
(iii) A streaming service that: 12
(a) Provides only licensed media in a 13
continuous flow from the service, website, or application to the end user; 14
and 15
(b) Does not obtain a license to the media 16
from a user or account holder by agreement of the streaming service's terms 17
of service; 18
(iv) News, sports, entertainment, or other content 19
that is preselected by the provider and not user generated, including without 20
limitation if any chat, comment, or interactive functionality that is 21
provided is incidental to, directly related to, or dependent upon provision 22
of the content; 23
(v) Online shopping or e -commerce, if the 24
interaction with other users or account holders is generally limited to: 25
(a) The ability to post and comment on 26
reviews; 27
(b) The ability to display lists or 28
collections of goods for sale or wish lists; and 29
(c) Other functions that are focused on online 30
shopping or e-commerce rather than interaction between users or account 31
holders; 32
(vi) Business-to-business software that is not 33
accessible to the general public; 34
(vii) Cloud storage; 35
(viii) Shared document collaboration; 36 SB611
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(ix) Providing access to or interacting with data 1
visualization platforms, libraries, or hubs; 2
(x) To permit comments on a digital news website, if 3
the news content is posted only by the provider of the digital news website; 4
(xi) For the purpose of providing or obtaining 5
technical support for the social media company's social media platform, 6
products, or services; 7
(xii) Academic or scholarly research; or 8
(xiii) Other research: 9
(a) If: 10
(1) The majority of the content is 11
posted or created by the provider of the online service, website, or 12
application; and 13
(2) The ability to chat, comment, or 14
interact with other users is directly related to the provider's content; 15
(b) That is a classified advertising service 16
that only permits the sale of goods and prohibits the solicitation of 17
personal services; or 18
(c) That is used by and under the direction of 19
an educational entity, including without limitation a: 20
(1) Learning management system; 21
(2) Student engagement program; and 22
(3) Subject-specific or skill-specific 23
program. 24
(C) “Social media platform” does not include a 25
social media platform that is controlled by a business entity that has 26
generated less than one hundred million dollars ($100,000,000) in annual 27
gross revenue email service provider, a not -for-profit organization, a public 28
or private school, business -to-business software, a common carrier, or a 29
broadband internet service ; and 30
(9)(13) “User” means a person who has access to view all or some 31
of the posts and content on a social media platform but is not an account 32
holder. 33
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SECTION 2. Arkansas Code § 4 -88-1402, concerning reasonable age 35
verification methods and parental consent for a minor on a social media 36 SB611
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platform, is amended to add additional subsections to read as follows: 1
(d) A social media platform shall not: 2
(1) Use any technology, algorithm, or strategy to expose an 3
Arkansas user who is a minor to an addictive feed; 4
(2) Generate any notifications to an Arkansas user who is a 5
minor between the hours of 10:00 p.m. central standard time (CST) and 6:00 6
a.m. central standard time (CST); or 7
(3) Allow any targeted advertising to be viewed on the covered 8
social media platform account of an Arkansas user who is a minor. 9
(e) A social media platform shall: 10
(1) Consistent with contemporary understanding of addiction, 11
compulsory behavior, and child cognitive development, ensure that the social 12
media platform does not engage in practices to evoke any addiction or 13
compulsive behaviors in an Arkansas user who is a minor, including without 14
limitation through notifications, recommended content, artificial sense of 15
accomplishment, or engagement with online bots that appear human; 16
(2) Ensure that the default privacy and safety settings for an 17
Arkansas user who is a minor on a covered social media platform provides the 18
most protective level of control for privacy and safety offered by the 19
covered social media platform; 20
(3) Conduct an audit at least one (1) time per quarter to ensure 21
that the social media platform's software, application, or other products are 22
not causing minors to engage in compulsory or addiction -driven behavior; and 23
(4)(A) Develop an easily accessible online dashboard to allow a 24
parent of a minor user to view and understand his or her child's use habits 25
on the covered social media platform. 26
(B) The online dashboard under subdivision (e)(4)(A) of 27
this section shall also provide tools for a parent to restrict his or her 28
minor child's access to the covered social media platform, or logical 29
portions of the covered social media platform. 30
31
SECTION 3. Arkansas Code § 4 -88-1403(b)(2), concerning the Attorney 32
General's ability to initiate an enforcement action against a social media 33
company that allegedly violates § 4 -88-1402 regarding reasonable age 34
verification methods and parental consent, is amended to read as follows: 35
(2)(A) As authorized under § 4 -88-104, the Attorney General may 36 SB611
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initiate an enforcement action against a social media company that allegedly 1
commits a violation of § 4 -88-1402. 2
(B) A parent or guardian whose minor child or legal 3
dependent is authorized access to a social media platform may bring a civil 4
action against the social media platform. 5
(C) A violation of this subchapter is a strict liability 6
civil offense. 7
8
SECTION 4. Arkansas Code § 4 -88-1403(c), concerning a social media 9
company's liability for a violation of § 4 -88-1402 regarding reasonable age 10
verification methods and parental consent, is amended to read as follows: 11
(c)(1) A covered social media company platform that violates this 12
subchapter permits a minor to access the covered social media platform in 13
violation of this subchapter is liable to an individual for: 14
(A) A penalty of two thousand five hundred dollars 15
($2,500) ten thousand dollars ($10,0000) per violation, court costs, and 16
reasonable attorney's fees as ordered by the court; or 17
(B) Damages resulting from a minor accessing a social 18
media platform without his or her parent's or custodian's consent, including 19
court costs and reasonable attorney's fees as ordered by the court. 20
(2) Each day that a covered social media platform permits a 21
minor to access the covered social media platform in violation of this 22
section constitutes a separate violation for purposes of subdivision 23
(c)(1)(A) of this section. 24
(3) All money received for the payment of a fine or civil 25
penalty imposed under this section shall be deposited into the Crimes Against 26
Children Fund. 27
(4)(A) The reasonable attorney's fees under subdivision 28
(c)(1)(A) of this section shall be no less than the value of the social media 29
platform's total legal fees in the action. 30
(B) If the social media platform's legal fees are greater 31
than the prevailing party's legal fees, the surplus will be directed to the 32
Crimes Against Children Fund. 33
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SECTION 5. Arkansas Code Title 4, Chapter 88, Subchapter 14, is 35
amended to add an additional section to read as follows: 36 SB611
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4-88-1405. Protection against circumvention. 1
(a) A social media platform shall implement technological measures to 2
prevent circumvention of age verification protocols, including without 3
limitation: 4
(1) Monitoring for suspicious activity, including without 5
limitation the use of false or repeated credentials; and 6
(2) Preventing a minor from accessing a platform by registering 7
for an account outside of the State of Arkansas and then using the account 8
within the State of Arkansas. 9
(b) This section applies to all new accounts created twelve (12) 10
months on and after the enactment of this section. 11
12
SECTION 6. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 13
amended to add an additional section to read as follows: 14
19-5-1288. Crimes Against Children Fund. 15
(a) There is created on the books of the Treasurer of State, the 16
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 17
fund to be known as the "Crimes Against Children Fund". 18
(b) The fund shall consist of: 19
(1) Moneys obtained from private or public grants, gifts, or 20
donations that are designed to be credited to the fund; and 21
(2) Any other funds authorized or provided for by law. 22
(c) The funds shall be used by the Attorney General for the purpose of 23
investigating and bringing actions under the Social Media Safety Act, § 4 -88-24
1401 et seq. 25
(d) Moneys remaining in the fund at the end of each fiscal year shall 26
carry forward and be made available for the purposes stated in this section 27
in the next fiscal year. 28
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SECTION 7. DO NOT CODIFY. Severability. 30
If any provision of this act or the application of this act to any 31
person or circumstance is held invalid, the invalidity shall not affect other 32
provisions or applications of this act which can be given effect without the 33
invalid provision or application, and to this end, the provisions of this act 34
are declared severable. 35
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SECTION 8. DO NOT CODIFY. Effective Date. 1
Section 2 of this act shall be effective on and after one (1) year 2
following the enactment of this act. 3
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