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AR SB230
Bill
Status
1/31/2019
Primary Sponsor
Kim Hammer
Click for details
AI Summary
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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.
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Allows plaintiffs to bring false light claims under both common law and this statutory provision simultaneously.
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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.
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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.
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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