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Arkansas

Researchedlast verified 2026-07-04

Has regulations

Social Media Safety Act (Act 689 of 2023 / SB 396) never took effect: preliminarily enjoined 2023-08-31 and permanently enjoined 2025-03-31 on First Amendment and vagueness grounds in NetChoice v. Griffin (W.D. Ark.); Arkansas's appeal is pending in the Eighth Circuit. Arkansas redrafted the statute as Act 900 of 2025 (SB 611), which lowered the covered-minor threshold to under 16 and added addictive/compulsive-design bans, a 10 p.m.-6 a.m. notification curfew, high-privacy defaults, and a parental dashboard; its operative provisions were preliminarily enjoined 2026-04-20 in the same case line (see regulation ar-act900). Near-miss also enacted the same day: Act 901 of 2025 (SB 612), a companion 'social media harms' statute creating a private right of action against platforms whose designs/algorithms they knew or should have known cause users (including minors) to obtain controlled substances, develop eating disorders, attempt or commit suicide, or become addicted, with a 30-day safe harbor (except suicide-related features) and enhanced damages for parents of minors harmed. SB 612 (Act 901) is an enacted law imposing platform duties in scope; it was also preliminarily enjoined and is proceeding toward the Eighth Circuit alongside Acts 689 and 900. A dedicated ar-act901 record is pending (not yet authored).

Social Media Safety Act (Act 689 of 2023 / SB 396)

EnjoinedResearchedlast verified 2026-07-04
Social media platform

Never took effect: preliminarily enjoined 2023-08-31 (the day before its effective date) and permanently enjoined 2025-03-31 on First Amendment and vagueness grounds in NetChoice v. Griffin (W.D. Ark.). Arkansas's appeal is pending in the Eighth Circuit.

Thin entry. Following the 2025 permanent injunction, Arkansas enacted a redrafted successor, Act 900 of 2025, intended to cure Act 689's defects; NetChoice challenged Act 900 too and secured an injunction against it in April 2026 (tracked separately if authored). The 2023 statute PDF geo-blocks non-US networks; existence confirmed via an archive.org snapshot (200). Penalty structure and private right of action for Act 689 not verified here (omitted rather than guessed).

Scope

Bound a covered 'social media company', which was required to verify the age of every account holder and to block minors under 18 from creating an account without parental consent.

The district court found the covered-platform definition itself vague, turning on content-based tests like 'primary purpose' and 'substantial function', such that a site could not tell whether it was regulated without examining the content it hosts; that vagueness holding underpins the permanent injunction.

Key dates

Signed
2023-04-11
Effective
2023-09-01

Obligations (2)

Age verification / estimationUnder 1313–1516–17

Verify the age of every account holder using a reasonable method (originally requiring a third-party age-verification vendor) before allowing use of the platform.

Statute’s own ages: Blocked minors under 18 from accounts without parental consent ('minor' = under 18).

Ark. Act 689 of 2023 (SB 396), Social Media Safety Act: section pin pending primary-text verification
Parental consentUnder 1313–1516–17

Obtain a parent's or guardian's consent before a minor under 18 could create an account on a covered platform.

Statute’s own ages: Applied to minors under 18.

Ark. Act 689 of 2023 (SB 396): section pin pending primary-text verification

Litigation history

  1. 2023-08-31
    U.S. District Court for the Western District of Arkansas (Judge Timothy L. Brooks) granted a preliminary injunction blocking Act 689 in NetChoice v. Griffin
    Unenforceable statewide; the Act never took effect on its 2023-09-01 effective date source ↗
  2. 2025-03-31
    District court granted summary judgment for NetChoice and permanently enjoined Act 689, holding it a content-based speech restriction failing strict scrutiny and unconstitutionally vague ('primary purpose', 'substantial function')
    Permanently unenforceable pending appeal; NetChoice's first permanent injunction against a state minor-protection social-media law source ↗
  3. 2025-04-30
    Arkansas filed a notice of appeal to the U.S. Court of Appeals for the Eighth Circuit (docket number recorded as 25-1889; not independently re-verified, as a similar number surfaced for the newer Act 900 appeal)
    No change; Act remains permanently enjoined while the appeal is pending source ↗

Cross-state comparisons

  • similarne-lb383 (Nebraska): Both mandate age verification plus parental consent before a minor may hold a social-media account, and both drew First Amendment challenges from NetChoice.
  • similarga-sb351 (Georgia): Both are social-media age-verification/parental-consent laws enjoined on First Amendment grounds; both definitions of a covered platform were criticized as poorly tailored.

Social Media Safety Act amendments (Act 900 of 2025 / SB 611)

EnjoinedResearchedlast verified 2026-07-04
Social media platform

Signed 2025-04-21 with Section 2 platform obligations set to take effect 2026-04-21. Preliminarily enjoined 2026-04-20 (the day before that effective date) in NetChoice v. Griffin (W.D. Ark., No. 5:25-cv-05140-TLB), so the new design-practice, notification-curfew, default-settings, and parental-dashboard duties never took operative effect. Arkansas AG Tim Griffin has stated he will vigorously defend the Act; the NetChoice v. Griffin matters (Acts 689, 900, and 901) are proceeding toward the Eighth Circuit.

Facts drawn from Inside Privacy, Hunton, Orrick Online Safety Law Center, Digital Policy Alert, and the Eric Goldman blog, cross-checked against the docketed April 2026 preliminary-injunction order (No. 5:25-cv-05140-TLB). The enrolled Act 900 PDF on the Arkansas Legislature site geo-blocks non-US networks; section pins are marked pending primary-text verification rather than guessed. The April 2026 preliminary injunction reached Act 900's § 1402(d) operative provisions (addictive-design ban, notification curfew, default settings, parental dashboard); whether the retained age-verification and quarterly-audit duties were separately enjoined was not independently confirmed, so the regulation-level 'enjoined' status is used as the map summary without per-obligation enforcement overrides. Companion Act 901 of 2025 (SB 612), a private-right-of-action statute for algorithmic/design harms to minors, is a separate enacted law warranting its own record (pending); it is referenced in the Arkansas state file. A precise notice-of-appeal date for the Act 900 injunction was not verified as of 2026-07-04 and is described as posture only.

Scope

Amends the Social Media Safety Act to bind a 'social media platform', described in secondary analyses as a multi-element definition covering an online platform, app, or service that facilitates user interaction, assigns unique user identifiers, lets users create profiles with personal information, enables user connections/networks, generates revenue through user engagement, and reaches Arkansas users. Act 900 lowered the covered class of protected users from minors under 18 (Act 689) to minors under 16.

Express exemptions
  • Secondary analyses report carve-outs excluding email/direct-messaging-only services, nonprofit organizations, schools, business-to-business software, telecommunications carriers, and broadband/internet-service providers. Exact statutory list pending primary-text verification.(Ark. Act 900 of 2025 (SB 611): exemption list per Inside Privacy and Hunton analyses; section pin pending primary-text verification)

Act 900 is Arkansas's redraft of the Social Media Safety Act, enacted after Act 689 of 2023 was permanently enjoined in 2025; the legislature intended the new definitions to cure Act 689's content-based-vagueness defects. The April 2026 preliminary injunction nonetheless found the 'addiction or compulsive behaviors' standard and related operative provisions unconstitutionally vague and overbroad. Whether Act 900's revised covered-platform definition carries an express revenue or user-count threshold (Act 689 applied a $100M-revenue floor) was not independently verified against the enrolled text and is omitted rather than guessed.

Penalties

Model
Per violation
Detail
Strict-liability civil penalty of $10,000 per violation (raised from $2,500 under Act 689), with each day a covered platform allows a minor to access it counting as a separate violation. Act 900 also authorizes recovery of actual damages arising from unauthorized minor access.
Enforcer
Arkansas Attorney General (plus a private right of action for parents/guardians of covered minors)
Private right of action
Yes

Key dates

Signed
2025-04-21
Effective
2026-04-21

Obligations (6)

Age verification / estimationUnder 1313–15

Use a reasonable method to verify that account holders are at least 16, and implement technological measures to prevent circumvention of that age verification.

Statute’s own ages: Covered minor = under 16 (Act 900 lowered the threshold from Act 689's under-18).

Ark. Act 900 of 2025 (SB 611), amending the Social Media Safety Act (Ark. Code Ann. § 4-88-1401 et seq.): section pin pending primary-text verification
Addictive-feature restrictionsUnder 1313–15

Do not use design practices that evoke addiction or compulsive behavior in minor users, including notifications, recommended content, an artificial sense of accomplishment, or engagement with online bots that appear human.

Statute’s own ages: Applies to minor users (under 16).

Ark. Act 900 of 2025 (SB 611), § 1402(d) addictive-practices prohibition: section pin pending primary-text verification
Curfew / time restrictionsUnder 1313–15

Do not send non-safety notifications to minor users between 10 p.m. and 6 a.m. Central Standard Time, unless a parent or guardian modifies the setting.

Statute’s own ages: Applies to minor users (under 16).

Ark. Act 900 of 2025 (SB 611), § 1402(d) notification restriction: section pin pending primary-text verification
Default-high privacy for minorsUnder 1313–15

Default minor accounts to the most protective privacy and safety settings the platform offers.

Statute’s own ages: Applies to minor users (under 16).

Ark. Act 900 of 2025 (SB 611), § 1402(d) default-settings mandate: section pin pending primary-text verification
Parental tools & visibilityUnder 1313–15

Provide an easily accessible online dashboard that lets a parent or guardian monitor a minor's usage patterns and restrict the minor's access to the platform.

Statute’s own ages: Applies to minor users (under 16).

Ark. Act 900 of 2025 (SB 611), § 1402(d) parental-dashboard requirement: section pin pending primary-text verification
DPIA / risk assessmentUnder 1313–15

Conduct quarterly audits to identify design features that foster compulsive or addictive behavior in minor users.

Statute’s own ages: Applies to platform duties toward minor users (under 16).

Ark. Act 900 of 2025 (SB 611): quarterly-audit duty per Digital Policy Alert and Inside Privacy analyses; section pin pending primary-text verification

Litigation history

  1. 2025-07
    NetChoice filed NetChoice v. Griffin (No. 5:25-cv-05140, W.D. Ark.) challenging Act 900 and moved to preliminarily enjoin it on First Amendment grounds
    No immediate change; Act 900's Section 2 platform obligations remained scheduled to take effect 2026-04-21 while the motion was briefed source ↗
  2. 2026-04-20
    U.S. District Court for the Western District of Arkansas (Judge Timothy L. Brooks) granted a preliminary injunction blocking Act 900's operative § 1402(d) provisions (the addictive/compulsive-design prohibition, the 10 p.m.–6 a.m. notification curfew, the default privacy/safety-settings mandate, and the parental-dashboard requirement) as unconstitutionally vague and insufficiently tailored under the First Amendment
    Those operative provisions are unenforceable against NetChoice members pending final disposition; Act 900 did not take operative effect on its 2026-04-21 date source ↗

Cross-state comparisons

  • similarar-act689 (Arkansas): Act 900 is the direct redraft of Act 689 (both the Arkansas Social Media Safety Act), enacted to cure the content-based-vagueness defects that permanently enjoined Act 689; both were challenged by NetChoice in the same W.D. Ark. case line (NetChoice v. Griffin) and both are enjoined. Act 900 lowered the covered-minor threshold from under 18 to under 16 and shifted from a pure account-gating model toward design-conduct duties.
  • similarne-lb504 (Nebraska): Both impose design-code-style duties on services used by minors (a 10 p.m.–6 a.m. notification curfew, high-privacy defaults, addictive/engagement-feature restrictions, and parental monitoring tools) rather than only an account-level age gate.