Anti-SLAPP Laws in Arkansas

At a glance

Requirements one by one

Governing law

Arkansas's anti-SLAPP law is the Citizen Participation in Government Act, Ark. Code Ann. §§ 16-63-501 to 16-63-508, enacted in 2005. Every section still traces to that single enacting act — the law hasn't been amended in over twenty years.

What speech or conduct is protected

The Act protects two overlapping categories, both anchored to government proceedings rather than to a general public-forum concept. A "privileged communication" covers a communication in, to, or about an issue of public concern related to a legislative, executive, or judicial proceeding (or other government-authorized proceeding); a communication made in the proper discharge of an official duty; a fair and true report of such a proceeding; an expression of opinion or criticism about such a proceeding; or any criticism of a public officer's official acts. An "act in furtherance of" free speech or petition rights covers a statement made before, to, or in connection with an issue under consideration by such a proceeding or body. Either way, the communication must not have been made with knowledge of, or reckless disregard for, its falsity. Unlike broader modern statutes, Arkansas's Act has no general catch-all for speech made in a public forum on any matter of public concern that isn't tied to a government proceeding.

The verification-and-motion procedure

There's no statutory deadline for the defendant to act. Instead, the burden starts with the plaintiff: the person asserting the claim, and that person's attorney, must file a sworn verification at the same time as the pleading, certifying they've read the claim, that it's well grounded in fact and law, that the underlying act isn't a privileged communication, and that the claim isn't filed for an improper purpose like suppressing speech or causing needless delay. If that verification is missing, the claim must be stricken — unless it's verified within 10 days after the omission is brought to the party's attention. A defendant who believes the verification is false, or missing, can file a motion to dismiss or motion to strike. Filing that motion automatically stays discovery and any pending hearings or motions, and the court must hold a hearing within 30 days of service unless an emergency requires otherwise.

Burden of proof

Arkansas doesn't use the movant-then-plaintiff, two-step burden-shifting test found in most other states. Instead, § 16-63-504 makes a privileged communication or protected act immune from civil liability outright, provided it wasn't made knowing it was false or with reckless disregard for the truth. The verification requirement enforces that immunity: a defendant's motion under § 16-63-506 puts the truthfulness of the plaintiff's certification — and so the privileged-or-protected status of the underlying communication — in front of the court.

Attorney's fees

Fee awards aren't automatic. If a claim was verified in violation of § 16-63-505, the court must impose an appropriate sanction on whoever signed the verification, the represented party, or both — but that sanction only "may" include dismissal and an order to pay the other side's reasonable expenses and attorney's fees; it isn't a mandatory fee award in every case. A defendant can also recover other compensatory damages, but only with a further showing that the lawsuit was brought to harass, intimidate, punish, or maliciously inhibit the protected activity.

Right to appeal

None. The Act contains no interlocutory-appeal provision at all. A party who loses a motion under this Act has to rely on Arkansas's ordinary, generally available appellate procedures rather than any special right created by this statute.

Exemptions

The Act has no separate exemptions or carve-outs section. Its only real limit is built into the definitions themselves: a statement made with knowledge of its falsity, or with reckless disregard for whether it was false, was never a "privileged communication" or protected act to begin with.

What trips people up

The 10-day period is a cure window, not a filing deadline. The sworn verification is due at the same time as the claim itself — the 10 days only kicks in as a grace period after someone points out that the verification is missing, not as an extra 10 days to file the claim in the first place.

There's no immediate right to appeal. Unlike most other states' anti-SLAPP statutes, Arkansas's Act doesn't let a losing party take an interlocutory appeal — you may have to wait for a final judgment, or rely on a general appellate procedure like a Rule 54(b) certification, to get appellate review of a ruling on the motion.

Fee-shifting isn't guaranteed just because you win. A sanction for an improperly verified claim can include an order to pay costs and fees, but the statute gives the court discretion over what sanction to impose — it isn't a mandatory award the way some other states' anti-SLAPP fee provisions are.

Common questions

Does Arkansas's law cover a negative online review of a local business? Only if the review is tied to a government proceeding or official act in the way the statute defines. Arkansas has no broader catch-all for public-forum speech on a matter of public interest.

What happens if the person suing me never files the sworn verification? The claim must be stricken, unless it gets verified within 10 days after you (or the court) point out that it's missing.

Can I get my attorney's fees back if I win my motion? Possibly, but it isn't automatic — the court has discretion over whether a sanction for an improperly verified claim includes an award of fees and costs.

Statutes and sources

• Ark. Code Ann. § 16-63-503 — "(1) 'An act in furtherance of the right of free speech or the right to petition government... in connection with an issue of public interest or concern' includes... any written or oral statement, writing, or petition made: (A) Before or to a legislative, executive, or judicial proceeding... or (B) In connection with an issue under consideration or review by [such a] body... (2)(A) 'Privileged communication' means a communication made: (i) In, to, or about an issue of public concern related to any [such] proceeding... (C) 'Privileged communication' does not include a statement or report made with knowledge that it was false or with reckless disregard of whether it was false." Source: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2005%2FPublic%2F&file=1843.pdf&ddBienniumSession=2005%2FR (accessed 2026-08-20).
• Ark. Code Ann. § 16-63-504 — "Any person making a privileged communication or performing an act in furtherance of the right of free speech or the right to petition government... shall be immune from civil liability, unless a statement or report was made with knowledge that it was false or with reckless disregard of whether it was false." Source: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2005%2FPublic%2F&file=1843.pdf&ddBienniumSession=2005%2FR (accessed 2026-08-20).
• Ark. Code Ann. § 16-63-505 — "[T]he party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath certifying that: (1) The party and his or her attorney of record... have read the claim; (2) ...the claim is well grounded in fact and is warranted by existing law...; (3) The act forming the basis for the claim is not a privileged communication; and (4) The claim is not asserted for any improper purpose..." Source: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2005%2FPublic%2F&file=1843.pdf&ddBienniumSession=2005%2FR (accessed 2026-08-20).
• Ark. Code Ann. § 16-63-506 — "(a) If a claim... is not verified as required by § 16-63-505, the claim shall be stricken unless it is verified within ten (10) days after the omission is called to the attention of the party... (b)(1) If a claim is verified in violation of § 16-63-505, the court... shall impose... an appropriate sanction, which may include dismissal of the claim and an order to pay... the amount of the reasonable expenses incurred because of the filing of the claim, including a reasonable attorney's fee." Source: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2005%2FPublic%2F&file=1843.pdf&ddBienniumSession=2005%2FR (accessed 2026-08-20).
• Ark. Code Ann. § 16-63-507 — "(a)(1) All discovery and any pending hearings or motions... shall be stayed upon the filing of a motion to dismiss or a motion to strike under § 16-63-506. (2) A hearing on a motion filed under § 16-63-506 shall be conducted not more than thirty (30) days after service unless emergency matters before the court require a later hearing." Source: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2005%2FPublic%2F&file=1843.pdf&ddBienniumSession=2005%2FR (accessed 2026-08-20).