HB43 Alabama 2022 Session

Summary

Primary Sponsor

Chris SellsRepresentative

Republican

Session

Regular Session 2022

Title

Consumer protection, manufacturers of Internet-enabled devices to install filtering software to restrict access to certain material, penalties

Summary

HB43 would require certain Internet-enabled devices sold in Alabama to automatically enable a filter that blocks access to material harmful to minors, but only after at least five other states pass similar laws.

What This Bill Does

If enacted, the bill would force manufacturers to ensure activation of a filter on smartphones and tablets when the device is activated in Alabama, blocking access to harmful content across networks and on manufacturer apps. The filter must notify users when it blocks something, allow unblocking with a passcode, and prevent most users from turning it off. If a device is activated in Alabama without an active filter, the manufacturer could face damages, civil penalties, and possible private or AG-enforced actions, with additional enforcement and compliance mechanisms described in the bill, which would take effect only after the contingent state-by-state trigger is met.

Who It Affects

• Manufacturers of smartphones and tablets that are sold or activated in Alabama; they would be required to automatically enable the filter and could face damages and penalties if they fail to do so.
• Minors in Alabama and their parents or guardians; they could benefit from the filter's protections and may sue for damages or seek penalties if a device activates without an effective filter.

Key Provisions

• Contingent operative date: the act becomes operative only after at least five states pass substantially similar legislation and that is certified by the Director of the Legislative Services Agency.
• Definitions: clarifies terms such as DEVICE (tablet or smartphone), FILTER (software that blocks access to harmful material), HARMFUL TO MINORS, MINOR, MANUFACTURER, and related concepts.
• Automatic filter requirements: on activation in Alabama, the device must automatically enable a filter that blocks harmful material on mobile data, wired/wireless networks, and manufacturer-controlled apps; the filter must notify when blocked and allow unblocking with a passcode; it must be difficult to deactivate or uninstall without a passcode.
• Liability for non-compliance: a manufacturer can be liable to a minor if activation occurs in Alabama and the filter is not enabled, with broader private rights of action preserved and possible private or AG enforcement.
• Damages and penalties: court may award actual damages; civil penalties up to $10 per violation (plus fees) and per-device penalties with a cap; penalties can support a private suit or class action.
• Enforcement procedures: includes a private compliance process with notices, a 60-day cure period, a $10 per violation penalty (up to $500 per plaintiff), and a process for notifying violators and collecting penalties; 50% of penalties may go to the Alabama Crime Victims Compensation Fund.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumers and Consumer Protection