Civil action for unlawful creation of deepfake visual material

Ark. Code Ann. § 16-118-121 — under Miscellaneous Actions.

Ark. Code Ann. § 16-118-121

(a) The Attorney General may institute a civil action on behalf of the state against a provider or developer of image generation technology that was used to create deepfake visual material in violation of § 5-14-139 if:(1) The deepfake visual material that was created in violation of § 5-14-139 was generated substantially or in its entirety by a prompt-based image generation technology; and(2) The provider or developer of the image generation technology did not have reasonable safeguards in place to protect against the generation of deepfake visual material.

(1) The deepfake visual material that was created in violation of § 5-14-139 was generated substantially or in its entirety by a prompt-based image generation technology; and

(2) The provider or developer of the image generation technology did not have reasonable safeguards in place to protect against the generation of deepfake visual material.

(b) (1) A person injured or damaged by reason of a violation of § 5-14-139 may bring a civil action against a person or entity that:(A) Is the provider or developer of the image generation technology that was used to create the deepfake visual material; or(B) Caused or was responsible for the creation of deepfake visual material in violation of § 5-14-139.(2) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.(3) A prevailing plaintiff shall be awarded reasonable attorney's fees and costs.

(1) A person injured or damaged by reason of a violation of § 5-14-139 may bring a civil action against a person or entity that:(A) Is the provider or developer of the image generation technology that was used to create the deepfake visual material; or(B) Caused or was responsible for the creation of deepfake visual material in violation of § 5-14-139.

(A) Is the provider or developer of the image generation technology that was used to create the deepfake visual material; or

(B) Caused or was responsible for the creation of deepfake visual material in violation of § 5-14-139.

(2) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief.

(3) A prevailing plaintiff shall be awarded reasonable attorney's fees and costs.