HB298 Alabama 2023 Session

Summary

Primary Sponsor

Chris SellsRepresentative

Republican

Session

Regular Session 2023

Title

Relating to consumer protection; to require certain manufacturers of Internet-enabled devices to activate existing filters to restrict access to certain material; to provide for a cause of action; to provide civil penalties.

Summary

HB298 would require manufacturers of certain Internet-enabled devices to automatically enable filters that block material harmful to minors and impose penalties for non-compliance.

What This Bill Does

Starting Jan 1, 2024, the bill would require devices manufactured after that date to automatically enable a filter that blocks access to material harmful to minors across mobile data, browsers, and networks. The device must notify when the filter blocks a site, allow a password-protected unblocking option, and reasonably prevent removal or bypass of the filter without a password. If a device is activated and fails to enable the required filter, a minor could sue the manufacturer for damages, and the state could impose civil penalties through enforcement actions. The act also creates a private right of action for parents or guardians to seek damages for violations, with penalties and remedies similar to those available to the state, and it prohibits class actions under this law.

Who It Affects

• Manufacturers and sellers of Internet-enabled devices (such as tablets and smartphones) would be required to implement automatic filtering and could face penalties for non-compliance.
• Minors and their parents or guardians would be protected by the filtering requirement and would have private legal remedies if a device fails to comply or harmful material is accessed.

Key Provisions

• Section 3: Beginning January 1, 2024, manufacturers must design devices so that upon activation, they automatically enable a filter that blocks access to material harmful to minors on mobile data networks, Internet browsers/search engines, and both wired and wireless networks; the device must notify the user when the filter blocks a website; it must allow a password-protected unblocking option; and it must reasonably prevent a user without a password from deactivating, modifying, or uninstalling the filter.
• Section 4: A manufacturer is liable to a minor if, upon activation, the device does not enable the required filter and the minor accesses material harmful to minors; private rights of action under other laws are not limited; retailers are not liable under this act; a good faith effort toward a generally accepted filtration method may be a defense.
• Section 5: If liable, the court may award actual damages, or, if damages are difficult to prove, liquidated damages of $50,000 per violation (up to $50,000 total in aggregate), plus any punitive damages for knowing and willful violations, nominal damages, and court costs and attorney fees.
• Section 6: The Attorney General may seek injunctions, civil penalties (up to $5,000 per violation and up to $50,000 aggregate), recover investigative costs and attorney fees, issue subpoenas, and seek license revocation; each device manufactured on or after the date of the act counts as a separate violation for penalties.
• Section 7: A private action may be brought by a parent or legal guardian of a minor who accessed pornographic content due to a violation; prevailing plaintiffs may recover actual damages or, if appropriate, liquidated damages of $50,000 per violation, punitive damages for knowing and willful violations, nominal damages, and court costs and attorney fees; class actions are not allowed under this act.
• Section 8: The act becomes effective on the first day of the third month after final passage and approval.

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

Subjects

Consumer protection; electronic devices, requirements for certain Internet filters on devices, provided