(a) A social media platform that knowingly and willfully violates this section is liable under this subsection for:(1) A civil penalty not to exceed ten thousand dollars ($10,000) per violation; and(2) An award of litigation costs and reasonable attorney's fees in an action brought under this subsection.
(1) A civil penalty not to exceed ten thousand dollars ($10,000) per violation; and
(2) An award of litigation costs and reasonable attorney's fees in an action brought under this subsection.
(b) (1) A parent or guardian whose minor child or legal dependent commits suicide or attempts to commit suicide that results in significant bodily or cognitive harm following exposure to online content promoting, or otherwise advancing, self-harm or suicide may bring a civil action against the social media platform that hosted, promoted, shared, or otherwise facilitated the immediate connection between the victim and the content.(2) A court may award the following under this subsection:(A) Affirmative relief from the effects of the content;(B) Damages;(C) Costs of medical treatment;(D) Funeral expenses and related costs;(E) Punitive damages;(F) Litigation costs; and(G) Reasonable attorney's fees.(3) Reasonable attorney's fees under subdivision (b)(2)(G) of this section shall be no less than the lesser of the:(A) Total cost of the defendant's legal fees for the lawsuit; or(B) Reasonable legal fees for the defense, had the defendant prevailed.
(1) A parent or guardian whose minor child or legal dependent commits suicide or attempts to commit suicide that results in significant bodily or cognitive harm following exposure to online content promoting, or otherwise advancing, self-harm or suicide may bring a civil action against the social media platform that hosted, promoted, shared, or otherwise facilitated the immediate connection between the victim and the content.
(2) A court may award the following under this subsection:(A) Affirmative relief from the effects of the content;(B) Damages;(C) Costs of medical treatment;(D) Funeral expenses and related costs;(E) Punitive damages;(F) Litigation costs; and(G) Reasonable attorney's fees.
(A) Affirmative relief from the effects of the content;
(B) Damages;
(C) Costs of medical treatment;
(D) Funeral expenses and related costs;
(E) Punitive damages;
(F) Litigation costs; and
(G) Reasonable attorney's fees.
(3) Reasonable attorney's fees under subdivision (b)(2)(G) of this section shall be no less than the lesser of the:(A) Total cost of the defendant's legal fees for the lawsuit; or(B) Reasonable legal fees for the defense, had the defendant prevailed.
(A) Total cost of the defendant's legal fees for the lawsuit; or
(B) Reasonable legal fees for the defense, had the defendant prevailed.
(c) An action to enforce a cause of action under this section shall be commenced within four (4) years after the cause of action accrued.
(d) This section does not impose liability on a social media platform for:(1) Displaying content that is created and hosted entirely by a third party, including without limitation an advertisement managed by a third party and shared on the social media platform; or(2) Conduct that is protected by the:(A) First Amendment of the United States Constitution; or(B) Arkansas Constitution.
(1) Displaying content that is created and hosted entirely by a third party, including without limitation an advertisement managed by a third party and shared on the social media platform; or
(2) Conduct that is protected by the:(A) First Amendment of the United States Constitution; or(B) Arkansas Constitution.
(A) First Amendment of the United States Constitution; or
(B) Arkansas Constitution.