Stricken language would be deleted from and underlined language would be added to present law.
Act 900 of the Regular Session
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State of Arkansas As Engrossed: H4/10/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 611 3
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By: Senator Dees 5
By: Representative Eubanks 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE SOCIAL MEDIA SAFETY ACT; AND FOR 9
OTHER PURPOSES. 10
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Subtitle 13
TO AMEND THE SOCIAL MEDIA SAFETY ACT. 14
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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) “Arkansas user” means an individual who is a resident of the 24
State of Arkansas and who accesses or attempts to access a social media 25
platform while present in this state by accessing the social media platform 26
using an Arkansas internet protocol address or otherwise known or believed to 27
be in this state while using the social media platform , including without 28
limitation through the use of a virtual privacy network that gives the 29
appearance that the individual is not located in this state when he or she is 30
in this state; 31
(3)(A) “Commercial entity” means a corporation, limited 32
liability company, partnership, limited partnership, sole proprietorship, or 33
other legally recognized entity. 34
(B) “Commercial entity” includes a third -party vendor; 35
(4) "Content sharing" means the distribution or display of user -36 As Engrossed: H4/10/25 SB611
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generated content or third -party content, including without limitation text, 1
images, video, or audio, to other users or the public via a covered social 2
media platform; 3
(5)(A) "Covered social media platform" means a social media 4
platform, messaging service, or other online platform that requires an 5
internet connection to be accessed and is used or is likely being used by a 6
minor. 7
(B) "Covered social media platform" does not include an 8
email service provider, not -for-profit organization, public or private 9
school, business-to-business software, common carrier, or broadband internet 10
service; 11
(6) "Digital user community" means a group of users who can 12
engage with the same content by following or subscribing, or repeatedly 13
seeking out, the same content producers, themes, or ideas; 14
(4)(7) “Digitized identification card” means a data file 15
available on a mobile device that has connectivity to the internet through a 16
state-approved application that allows the mobile device to download the data 17
file from the Office of Driver Services that contains all of the data 18
elements visible on the face and back of a driver's license or identification 19
card and displays the current status of the driver's license or 20
identification card, including valid, expired, cancelled, suspended, revoked, 21
active, or inactive; 22
(8) "Messaging service" means a service designed to facilitate 23
one-on-one or one-on-group messages through one (1) or more of the following: 24
(A) Text; 25
(B) Images; 26
(C) Videos; or 27
(D) Images; 28
(5)(9) “Minor” means an individual under eighteen (18) sixteen 29
(16) years of age who is in the State of Arkansas ; 30
(6)(10) “Reasonable age verification” means to confirm that a 31
person seeking to access a social media platform is at least eighteen (18) 32
sixteen (16) years of age; 33
(7)(A) “Social media company” means an online forum that a 34
company makes available for an account holder to: 35
(i) Create a public profile, establish an account, 36 As Engrossed: H4/10/25 SB611
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or register as a user for the primary purpose of interacting socially with 1
other profiles and accounts; 2
(ii) Upload or create posts or content; 3
(iii) View posts or content of other account 4
holders; and 5
(iv) Interact with other account holders or users, 6
including without limitation establishing mutual connections through request 7
and acceptance. 8
(B) “Social media company” does not include a: 9
(i)(a) Media company that exclusively offers 10
subscription content in which users follow or subscribe unilaterally and 11
whose platform's primary purpose is not social interaction. 12
(b) A social media company that allows a user 13
to generate short video clips of dancing, voice -overs, or other acts of 14
entertainment in which the primary purpose is not educational or informative 15
does not meet the exclusion under subdivision (7)(B)(i)(a) of this section; 16
(ii) Media company that exclusively offers 17
interacting gaming, virtual gaming, or an online service, that allows the 18
creation and uploading of content for the purpose of interacting gaming, 19
entertainment, or associated entertainment, and the communication related to 20
that content; 21
(iii) Company that: 22
(a) Offers cloud storage services, enterprise 23
cybersecurity services, educational devices, or enterprise collaboration 24
tools for kindergarten through grade twelve (K -12) schools; and 25
(b) Derives less than twenty -five percent 26
(25%) of the company's revenue from operating a social media platform, 27
including games and advertising; or 28
(iv) Company that provides career development 29
opportunities, including professional networking, job skills, learning 30
certifications, and job posting and application services; 31
(8)(A)(11)(A) “Social media platform” means a public or 32
semipublic internet-based service or application business entity or 33
organization that operates an online platform, application, or service that : 34
(i) That has users in Arkansas Is designed to 35
facilitate user-to-user, user-to-group, or user-to-public interaction, 36 As Engrossed: H4/10/25 SB611
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expression, or communication ; and 1
(ii)(a) On which a substantial function of the 2
service or application is to connect users in order to allow users to 3
interact socially with each other within the service or application. Assigns, 4
utilizes, or relies on a unique identifier, username, profile name, or image 5
that is associated with a specific user account; 6
(b) A service or application that provides 7
email or direct messaging shall not be considered to meet the criteria under 8
subdivision (8)(A)(ii)(a) of this section on the basis of that function 9
alone. 10
(iii) Provides mechanisms for a user to create an 11
online profile comprised of personally identifiable information or 12
professional information, including without limitation a user's name, 13
username, address, date of birth, educational pedigree, professional details, 14
interests, activities, or connections ; 15
(iv) Employs features that allow a user to connect, 16
follow, or establish a relationship with other users and creates a network of 17
interactions either in real time or asynchronously, including without 18
limitation virtual likes and dislikes ; 19
(v) Generates revenue primarily through user 20
engagement, including without limitation through advertising, user data 21
monetization, or premium content; and 22
(vi) Is accessed by Arkansas users . 23
(B) “Social media platform” does not include an online 24
service, a website, or an application if the predominant or exclusive 25
function is: 26
(i) Email; 27
(ii) Direct messaging consisting of messages, 28
photos, or videos that are sent between devices by electronic means if 29
messages are: 30
(a) Shared between the sender and the 31
recipient or recipients; 32
(b) Only visible to the sender and the 33
recipient or recipients; and 34
(c) Not posted publicly; 35
(iii) A streaming service that: 36 As Engrossed: H4/10/25 SB611
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(a) Provides only licensed media in a 1
continuous flow from the service, website, or application to the end user; 2
and 3
(b) Does not obtain a license to the media 4
from a user or account holder by agreement of the streaming service's terms 5
of service; 6
(iv) News, sports, entertainment, or other content 7
that is preselected by the provider and not user generated, including without 8
limitation if any chat, comment, or interactive functionality that is 9
provided is incidental to, directly related to, or dependent upon provision 10
of the content; 11
(v) Online shopping or e -commerce, if the 12
interaction with other users or account holders is generally limited to: 13
(a) The ability to post and comment on 14
reviews; 15
(b) The ability to display lists or 16
collections of goods for sale or wish lists; and 17
(c) Other functions that are focused on online 18
shopping or e-commerce rather than interaction between users or account 19
holders; 20
(vi) Business-to-business software that is not 21
accessible to the general public; 22
(vii) Cloud storage; 23
(viii) Shared document collaboration; 24
(ix) Providing access to or interacting with data 25
visualization platforms, libraries, or hubs; 26
(x) To permit comments on a digital news website, if 27
the news content is posted only by the provider of the digital news website; 28
(xi) For the purpose of providing or obtaining 29
technical support for the social media company's social media platform, 30
products, or services; 31
(xii) Academic or scholarly research; or 32
(xiii) Other research: 33
(a) If: 34
(1) The majority of the content is 35
posted or created by the provider of the online service, website, or 36 As Engrossed: H4/10/25 SB611
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application; and 1
(2) The ability to chat, comment, or 2
interact with other users is directly related to the provider's content; 3
(b) That is a classified advertising service 4
that only permits the sale of goods and prohibits the solicitation of 5
personal services; or 6
(c) That is used by and under the direction of 7
an educational entity, including without limitation a: 8
(1) Learning management system; 9
(2) Student engagement program; and 10
(3) Subject-specific or skill-specific 11
program. 12
(C) “Social media platform” does not include a 13
social media platform that is controlled by a business entity that has 14
generated less than one hundred million dollars ($100,000,000) in annual 15
gross revenue email service provider, a not -for-profit organization, a public 16
or private school, business -to-business software, a common carrier, or a 17
broadband internet service ; and 18
(9)(12) “User” means a person who has access to view all or some 19
of the posts and content on a social media platform but is not an account 20
holder. 21
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SECTION 2. Arkansas Code § 4 -88-1402, concerning reasonable age 23
verification methods and parental consent for a minor on a social media 24
platform, is amended to add additional subsections to read as follows: 25
(d) A social media platform shall: 26
(1) Consistent with contemporary understanding of addiction, 27
compulsory behavior, and child cognitive development, ensure that the social 28
media platform does not engage in practices to evoke any addiction or 29
compulsive behaviors in an Arkansas user who is a minor, including without 30
limitation through notifications, recommended content, artificial sense of 31
accomplishment, or engagement with online bots that appear human; 32
(2) Ensure that, by default: 33
(A) Notifications to an Arkansas user who is a minor, 34
other than safety or privacy -related alerts, are ceased between the hours of 35
10:00 p.m. central standard time (CST) and 6:00 a.m. central standard time 36 As Engrossed: H4/10/25 SB611
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(CST) and allow a parent or guardian to modify this setting; and 1
(B) Privacy and safety settings for an Arkansas user who 2
is a minor on a covered social media platform provides the most protective 3
level of control for privacy and safety offered by the covered social media 4
platform; 5
(3) Conduct an audit at least one (1) time per quarter to ensure 6
that the social media platform's software, application, or other products are 7
not causing minors to engage in compulsory or addiction -driven behavior; and 8
(4)(A) Develop an easily accessible online dashboard to allow a 9
parent of a minor user to view and understand his or her child's use habits 10
on the covered social media platform. 11
(B) The online dashboard under subdivision (e)(4)(A) of 12
this section shall also provide tools for a parent to restrict his or her 13
minor child's access to the covered social media platform, or logical 14
portions of the covered social media platform. 15
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SECTION 3. Arkansas Code § 4-88-1403(b)(2), concerning the Attorney 17
General's ability to initiate an enforcement action against a social media 18
company that allegedly violates § 4 -88-1402 regarding reasonable age 19
verification methods and parental consent, is amended to read as follows: 20
(2)(A) As authorized under § 4 -88-104, the Attorney General may 21
initiate an enforcement action against a social media company that allegedly 22
commits a violation of § 4 -88-1402. 23
(B) A parent or guardian whose minor child or legal 24
dependent is authorized access to a social media platform may bring a civil 25
action against the social media platform that is in violation of § 4 -88-1402. 26
(C) A violation of this subchapter is a strict liability 27
civil offense. 28
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SECTION 4. Arkansas Code § 4 -88-1403(c), concerning a social media 30
company's liability for a violation of § 4 -88-1402 regarding reasonable age 31
verification methods and parental consent, is amended to read as follows: 32
(c)(1) A covered social media company platform that violates this 33
subchapter permits a minor to access the covered social media platform in 34
violation of this subchapter is liable to an individual for: 35
(A) A penalty of two thousand five hundred dollars 36 As Engrossed: H4/10/25 SB611
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($2,500) ten thousand dollars ($10,0000) per violation, court costs, and 1
reasonable attorney's fees as ordered by the court; or 2
(B) Damages resulting from a minor accessing a social 3
media platform without his or her parent's or custodian's consent, including 4
court costs and reasonable attorney's fees as ordered by the court. 5
(2) Each day that a covered social media platform permits a 6
minor to access the covered social media platform in violation of this 7
section constitutes a separate violation for purposes of subdivision 8
(c)(1)(A) of this section. 9
(3) All money obtained by an individual for a fine or civil 10
penalty imposed under this section shall be deposited into the Crimes Against 11
Children Fund. 12
(4)(A) The reasonable attorney's fees under subdivision 13
(c)(1)(A) of this section shall be no less than the value of the social media 14
platform's total legal fees in the action. 15
(B) If the social media platform's legal fees are greater 16
than the prevailing party's legal fees, the surplus will be directed to the 17
Crimes Against Children Fund. 18
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SECTION 5. Arkansas Code Title 4, Chapter 88, Subchapter 14, is 20
amended to add an additional section to read as follows: 21
4-88-1405. Protection against circumvention. 22
(a) A social media platform shall implement technological measures to 23
prevent circumvention of age verification protocols, including without 24
limitation: 25
(1) Monitoring for suspicious activity, including without 26
limitation the use of false or repeated credentials; and 27
(2) Preventing a minor from accessing a platform by registering 28
for an account outside of the State of Arkansas and then using the account 29
within the State of Arkansas. 30
(b) This section applies to all new accounts created twelve (12) 31
months on and after the enactment of this section. 32
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SECTION 6. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 34
amended to add an additional section to read as follows: 35
19-5-1288. Crimes Against Children Fund. 36 As Engrossed: H4/10/25 SB611
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(a) There is created on the books of the Treasurer of State, the 1
Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 2
fund to be known as the "Crimes Against Children Fund". 3
(b) The fund shall consist of: 4
(1) Moneys obtained from private or public grants, gifts, or 5
donations that are designed to be credited to the fund; and 6
(2) Any other funds authorized or provided for by law. 7
(c) The funds shall be used by the Attorney General for the purpose of 8
investigating and bringing actions under the Social Media Safety Act, § 4 -88-9
1401 et seq. 10
(d) Moneys remaining in the fund at the end of each fiscal year shall 11
carry forward and be made available for the purposes stated in this section 12
in the next fiscal year. 13
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SECTION 7. DO NOT CODIFY. Severability. 15
If any provision of this act or the application of this act to any 16
person or circumstance is held invalid, the invalidity shall not affect other 17
provisions or applications of this act which can be given effect without the 18
invalid provision or application, and to this end, the provisions of this act 19
are declared severable. 20
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SECTION 8. DO NOT CODIFY. Effective Date. 22
Section 2 of this act shall be effective on and after one (1) year 23
following the enactment of this act. 24
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/s/Dees 26
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APPROVED: 4/21/25 29
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