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Controversial privacy bill stalls after prolonged debate and press opposition
Summary
SB230, a proposed statutory rewrite of invasion‑of‑privacy and false‑light claims, drew extended testimony from press, defense and civil‑liberties advocates and failed to advance in committee after the motion to pass lacked a second.
Senator Hammer's SB230, revised in committee following consultation with press stakeholders, sought to codify invasion‑of‑privacy causes of action — intrusion and 'false light' — and to set pleading and proof standards for private‑party claims. The sponsor and legal counsel described the measure as an effort to clarify common law and to allow negligence‑level claims and presumed reputational damages in some circumstances.
Professor Robert Steinbach, appearing as bill counsel, walked committee members through the amended text and said the measure would adopt a negligence standard for falsity and a preponderance‑of‑the‑evidence burden for private plaintiffs, preserve a qualified privilege for law‑enforcement reports and exclude public‑figure matters. He argued the bill provides statutory clarity where court standards have shifted over time.
Opponents included counsel for the Arkansas Press Association and the managing editor of the Democrat‑Gazette, who warned that the bill's pleading and damages provisions would chill speech, invite opportunistic litigation and possibly conflict with First Amendment protections. John Tull told the committee, "This will in fact blow a hole in First Amendment law," and David Bailey said the bill would expose ordinary people and small outlets to significant risk and litigation costs. Criminal defense and public‑defender representatives raised concerns about exceptions, Brady obligations and the bill's practical impact on criminal cases. Witnesses also warned that broadly worded intrusion provisions and the treatment of unrebutted allegations in pleadings could generate many new civil suits.
Senator Hammer said the bill aims to restore accountability for seriously harmful reporting and to provide a statutory remedy where common law is unclear. He asked the committee to consider the balance between free expression and reputational harm; proponents argued the bill is tailored to private figures and narrow circumstances.
After hours of questions and public testimony, a motion to pass SB230 as amended was made but received no second; the chair declared the motion died for lack of a second and indicated such a motion constitutes no action. The bill may be brought up again in committee or further refined before additional floor consideration.
What changed next: SB230 did not advance out of committee. The debate revealed deep division between press organizations and bill proponents over whether statutory clarification or preservation of judicial standards is the correct approach.
