Arkansas Enacts AI Image and Voice Protection Law
On February 27, 2025, Arkansas took a significant step towards regulating artificial intelligence (AI) with the enactment of HB1071, a law aimed at protecting individuals from unauthorized AI-generated likenesses used for commercial purposes.
Signed into law by Governor Sarah Huckabee Sanders, this legislation amends the Frank Broyles Publicity Rights Protection Act of 2016, updating its provisions to encompass modern AI technologies.
What HB1071 Does
- Expands Publicity Rights Protections – Previously, Arkansas law protected individuals against the unauthorized commercial use of their name, voice, signature, photograph, or likeness. HB1071 explicitly adds AI-generated images and voices to these protections.
- Requires Consent for AI Replication – Any commercial entity using AI to replicate an individual’s voice or likeness must now obtain explicit consent from that individual.
- Provides Legal Recourse – Individuals whose AI-generated likeness or voice is used without authorization can take legal action, including seeking damages and injunctions to prevent further use.
The rise of AI-generated deepfakes and synthetic media has raised significant concerns over privacy, identity theft, and misinformation. With this law, Arkansas aims to prevent businesses and content creators from exploiting individuals’ identities without their permission.
Context of AI Regulations in the U.S.
Arkansas joins a growing number of states that are implementing AI-related regulations. However, it is not among the first to establish legal boundaries on AI-generated media. Several states have already taken action:
- Tennessee: Passed the ELVIS Act (Ensuring Likeness, Voice, and Image Security Act) in March 2024, which prohibits unauthorized AI-generated replicas of an individual’s voice or likeness without consent.
- California: Enacted multiple laws by September 2024 addressing AI-generated content, including protections against unauthorized digital replicas of performers and measures to combat deepfakes in political campaigns.
As of mid-2024, at least 20 states had implemented regulations concerning AI-generated media, focusing on deepfakes in political advertising and non-consensual explicit content.
Implications for Businesses and Individuals
- For Individuals: Arkansas residents now have a legal foundation to challenge unauthorized AI-generated content that mimics their likeness or voice for profit.
- For Businesses: Companies leveraging AI for commercial use, such as in advertising or entertainment, must ensure they have obtained proper consent to avoid potential lawsuits.
As AI technology continues to evolve, more states are expected to introduce similar legislation to address emerging ethical and legal concerns.
For further details, the official bill text is available on the Arkansas legislature’s website.
