Arkansas Social Media Safety Act - SB.396

Summary

The Arkansas Social Media Safety Act (SB 396) prohibits a minor from being an account holder on a social media platform unless the minor has the express consent of a parent or legal guardian and requires social media companies to verify the age of their account holders. Companies that fail to comply with the law can face a penalty of $2,500 per violation, court costs, and reasonable attorney's fees as ordered by the court, or damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.

Updates

June 29, 2023. NetChoice filed suit against Arkansas Attorney General Tim Griffin (NetChoice v. Griffin) on grounds that Arkansas’ Social Media Safety Act violates the First Amendment by mandating that leading websites collect and verify sensitive personal information about its users in order to access the internet.

August 31, 2023. US District Court Judge Timothy L. Brooks issued a preliminary injunction the day before the law was set to take effect, declaring it unconstitutional and that requiring users to upload driver’s licenses to the internet would deter adults from using the internet, thus chilling speech.