Arkansas AI Laws and Regulation (2026)

Arkansas regulates artificial intelligence through five targeted laws passed in 2025. Act 927 establishes ownership of AI-generated content, Act 159 extends publicity rights to AI-cloned voices and likenesses, Act 827 criminalizes nonconsensual deepfake sexual material and creates civil liability for image generation providers, Act 977 covers AI-generated child sexual abuse material, and Act 848 requires all public entities to adopt AI use policies.

Arkansas has moved quickly to address several aspects of artificial intelligence through state law. During its 2025 legislative session, the state enacted five significant AI-related bills covering content ownership, publicity rights, deepfake crimes, AI-generated child sexual abuse material, and government AI use policies. While the state has not passed comprehensive AI regulation, its targeted approach addresses some of the most pressing concerns around generative AI and synthetic media.

This guide covers every enacted Arkansas AI law, pending legislation, and how federal AI policy may affect the state. This article is for informational purposes only. Consult an attorney for advice specific to your situation.

AI-Generated Content Ownership (Act 927)

One of Arkansas's most notable AI laws is Act 927, originally introduced as House Bill 1876. Governor Sarah Huckabee Sanders signed this bill into law on April 21, 2025. Because the act carries no emergency clause, it took effect on August 5, 2025, the general effective date for acts of the 2025 regular session, which adjourned sine die on May 5, 2025. It is codified at Ark. Code 18-4-101. The law makes Arkansas one of the first states in the country to legally define who owns the output and training results of generative AI systems.

Key Ownership Rules

Under Act 927, individuals who provide prompts or data to a generative AI tool are generally considered the owners of the resulting content or trained model. This ownership applies as long as two conditions are met: the input data must be lawfully acquired, and the resulting content must not infringe on existing copyrights or intellectual property rights.

The law also addresses workplace scenarios. If an employee is directed to use a generative AI tool as part of their job duties, the employer owns the resulting model training data and generated content. This employer ownership only applies when the AI tool usage falls within the scope of employment and under the employer's direction and control.

What This Means in Practice

Act 927 provides legal clarity that did not previously exist at the state level. Before this law, the question of who owns AI-generated text, images, code, or other content existed in a legal gray area. Arkansas's approach favors the human user who provides the creative input, rather than the AI company providing the tool.

The law does not override federal copyright law, which continues to evolve on questions of AI authorship. The U.S. Copyright Office has indicated that purely AI-generated works without human creative input may not be copyrightable, but works involving substantial human direction and arrangement may qualify for protection.

AI Publicity Rights Protections (Act 159)

On February 25, 2025, Governor Huckabee Sanders signed HB 1071 into law as Act 159, amending the Frank Broyles Publicity Rights Protection Act of 2016 at Ark. Code 4-75-1103, 4-75-1110, and 4-75-1112. The act carries no emergency clause, so it took effect on August 5, 2025. This law expands existing publicity rights to explicitly cover AI-generated reproductions of a person's voice, photograph, or likeness.

Expanded Definitions

Act 159 broadens the legal definitions of "likeness" and "photograph" to explicitly include AI-generated reproductions. The law also introduces a new definition for "voice" that encompasses both actual vocal recordings and AI-simulated vocal representations of an individual.

Legal Protections and Remedies

Under the amended law, an individual's image, likeness, three-dimensional generation, and AI-simulated voice cannot be commercially used without their consent. Arkansas residents can challenge unauthorized AI-generated content that mimics their likeness or voice for profit through legal avenues such as injunctions and seeking damages.

This law is particularly relevant as AI voice cloning and image generation tools become increasingly sophisticated. Businesses operating in Arkansas should obtain clear consent before using AI tools to replicate any individual's voice or likeness for commercial purposes.

Deepfake Sexual Content Laws

Arkansas has enacted two significant laws targeting AI-generated deepfake content, addressing both adult victims and minors.

Nonconsensual Deepfake Creation and Distribution (Act 827)

Act 827, originally HB 1529, was signed by Governor Huckabee Sanders on April 17, 2025. Section 1 of the act creates the criminal offense of unlawful creation or distribution of deepfake visual material, codified at Ark. Code 5-14-139. The offense reaches a person who, without the consent of the person depicted, knowingly creates or distributes the material. Creating it is enough; distribution is not required.

The law defines "deepfake visual material" as digitally manipulated photographs, images, or videos generated using technology to falsely depict a person's appearance, voice, or conduct that appear authentic to a reasonable person.

The law requires that the material depict an identifiable person in a state of nudity or engaged in sexual conduct, and that the person depicted did not consent. The bill was sponsored by Representative Stephen Meeks and Senator Clint Penzo, with nearly 40 lawmakers listed as cosponsors. Like the other 2025 acts on this page, Act 827 contains no emergency clause, so it took effect on August 5, 2025 rather than on the day it was signed.

Civil Liability for Image Generation Providers (Ark. Code 16-118-119)

Section 2 of Act 827 does something the criminal provision does not, and it is the part with the most direct commercial consequences for AI developers. It adds Ark. Code 16-118-119, a civil cause of action for unlawful creation of deepfake visual material.

The Attorney General may bring a civil action on behalf of the state against a provider or developer of image generation technology used to create material in violation of 5-14-139, where the material was generated substantially or entirely by a prompt-based image generation technology and the provider or developer did not have reasonable safeguards in place to protect against the generation of deepfake visual material.

A person injured or damaged by a violation may also sue directly. The defendant can be either the provider or developer of the image generation technology used to create the material, or the person who caused or was responsible for its creation. A court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief, and a prevailing plaintiff is entitled to reasonable attorney's fees and costs.

AI-Generated Child Sexual Abuse Material (Act 977)

On April 22, 2025, Governor Huckabee Sanders signed HB 1877 into law as Act 977. This law amends the Arkansas Protection of Children Against Exploitation Act of 1979 at Ark. Code 5-27-302, 5-27-304, 5-27-601, 5-27-602, 5-27-603, and 5-27-609 to cover AI-generated child sexual abuse material (CSAM). Having no emergency clause, it took effect on August 5, 2025.

Act 977 criminalizes the creation, possession, and distribution of computer-generated visual or print media that is indistinguishable from the image of a real child engaged in sexually explicit conduct. The law defines "computer generated" as content produced using artificial intelligence, and "indistinguishable" as imagery so realistic that an ordinary person would believe it depicts an actual child.

The law includes limited exemptions for materials viewed during lawful law enforcement investigations and AI safety evaluations conducted in good faith by interactive computer services. Arkansas is among approximately 45 states that have enacted laws specifically criminalizing AI-generated CSAM.

Public Entity AI Policies (Act 848)

Act 848, originally HB 1958, requires all public entities in Arkansas to create comprehensive policies regarding the authorized use of artificial intelligence and automated decision tools. The law passed with near-unanimous support (House 93-0, Senate 35-0) and was signed on April 17, 2025. It amends Ark. Code 25-1-128 and, carrying no emergency clause, took effect on August 5, 2025.

Requirements for Public Entities

The law mandates several specific requirements for government agencies and public entities in Arkansas.

A human employee or designee must always make the final decision, regardless of AI or automated tool recommendations. This "human in the loop" requirement ensures that AI tools serve as aids rather than replacements for human judgment in government decision-making.

Public entities must develop training programs for employees on the appropriate use of AI and automated decision tools. They must also create disciplinary procedures for policy violations.

The duty to publish is narrower than the duty to have a policy, and the distinction matters. Ark. Code 25-1-128(c)(1) requires that the technology resources policy and the AI and automated decision tool policy "for each state entity" be available to the public upon request. The act defines "state entity" more narrowly than "public entity": it covers the named state departments, the State Highway Commission, the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, and institutions of higher education. A city, county, public school district, or open-enrollment public charter school must adopt a policy as a "public entity," but its own policy is not swept into the (c)(1) disclosure duty. Separately, the Department of Education must develop technology resources and AI policies for each type of state educational institution and make those policies available to the public on request.

Failed and Pending Legislation

SB 258: Arkansas Digital Responsibility, Safety, and Trust Act

The most ambitious AI bill introduced during the 2025 session was SB 258, which would have created comprehensive privacy and AI legislation in Arkansas. The bill would have regulated high-risk artificial intelligence systems and required developers to exercise reasonable care to mitigate risks of algorithmic discrimination.

Key provisions of SB 258 included requirements for controllers to obtain consumer consent before collecting or selling sensitive data, rights for individuals to delete their personal data and opt out of targeted advertising, obligations for AI developers to provide detailed documentation about system limitations and bias mitigation, and enforcement authority granted exclusively to the Attorney General.

However, SB 258 died on the Senate Calendar at Sine Die adjournment on May 5, 2025. Without this law, Arkansas does not have comprehensive AI governance legislation addressing algorithmic discrimination or high-risk AI system regulation.

Federal AI Policy and Arkansas

On December 11, 2025, President Trump issued Executive Order 14365, titled "Ensuring a National Policy Framework for Artificial Intelligence." This order has potential implications for all state AI laws, including those in Arkansas.

What the Executive Order Does

The order established an AI Litigation Task Force within the Department of Justice, empowered to challenge state AI laws on grounds of unconstitutional regulation of interstate commerce or federal preemption. It also directs the Secretary of Commerce to evaluate state AI laws that may conflict with federal goals and ties certain federal funding (such as BEAD broadband funding) to state compliance.

Impact on Arkansas

Arkansas's enacted AI laws largely fall into categories the executive order carves out from potential preemption. The order specifically exempts child safety protections, state government procurement and use of AI, and other topics as determined by federal agencies. This means Acts 977 (CSAM protections), 848 (public entity AI policies), and likely Act 827 (deepfake sexual content) are unlikely to face federal challenges.

However, the executive order does not independently override state law. Federal preemption typically requires congressional action or court rulings, so Arkansas's AI laws remain enforceable until Congress passes superseding legislation or courts rule otherwise.

On March 20, 2026, the Trump Administration released a "National Policy Framework for Artificial Intelligence," a blueprint calling on Congress to enact a unified federal AI standard. If Congress acts on these recommendations, some state-level AI regulations could eventually be preempted.

Summary of Arkansas AI Laws

None of the five enacted acts contains an emergency clause, so none took effect on the day it was signed. Each took effect on the general effective date for acts of the 2025 regular session, August 5, 2025, following sine die adjournment on May 5, 2025.

More Arkansas Laws

• Arkansas Recording Laws
• Arkansas Data Privacy Laws
• Arkansas Surveillance Camera Laws
• Arkansas Background Check Laws
• Arkansas Sexting Laws