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AR SB230

Bill

Status

Introduced

1/31/2019

Primary Sponsor

Kim Hammer

Click for details

Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • Creates a new civil action under Arkansas Code 16-118-116 allowing individuals to sue for damages and injunctive relief for improper intrusion into private affairs or false light publication that would offend a reasonable person.

  • Allows plaintiffs to bring false light claims under both common law and this statutory provision simultaneously.

  • Eliminates the requirement for plaintiffs to allege extrinsic facts in complaints or prove allegations at trial if the defendant does not dispute them in their answer.

  • Establishes strict liability for defendants, with preponderance of the evidence as the burden of proof, and allows compensatory and punitive damages for emotional distress without requiring proof of damages as an element.

  • Exempts public figures and matters of public concern from strict liability and punitive damages provisions, requiring defendants to meet a higher standard in those cases.

Legislative Description

Creating A Statutory Civil Action For Invasion Of Privacy.

Last Action

Sine Die adjournment

4/24/2019

Committee Referrals

Judiciary2/4/2019

Full Bill Text

No bill text available