HB441 Alabama 2023 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

Regular Session 2023

Title

Relating to consumer protection; to provide legislative findings; to provide definitions; to provide prohibitions on the online distribution of material harmful to minors; to require a license for the distribution of material harmful to minors; and to provide civil and criminal penalties for violations; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB441 would ban online distribution of material harmful to minors, require age verification and a state license for distributors, and provide penalties and private rights of action to enforce it.

What This Bill Does

It prohibits publishing or distributing material harmful to minors under 18 on the Internet in Alabama. It requires distributors to use reasonable age-verification methods and obtain a license to distribute such material, with license fees split between the State General Fund (Attorney General) and the Special Mental Health Trust Fund. It imposes civil penalties up to $2,000 per violation and allows a private action by parents/guardians for damages if a minor accesses the material; violations are also treated as Deceptive Trade Practices Act violations. It authorizes the Attorney General to investigate, issue subpoenas, and seek emergency relief, while providing certain exemptions for news organizations and internet service providers; the act becomes effective after the governor signs and it excludes certain local-funding requirements per constitutional rules.

Who It Affects

• Commercial entities that publish or distribute material harmful to minors online; they would need to register, obtain a license, verify users’ ages, and face penalties or damages for violations.
• Parents or guardians of minors (and, in some cases, minors) who may pursue damages through private action if a minor accesses material harmful to minors.

Key Provisions

• Prohibits online publication or access to material harmful to minors in this state and establishes age-verification requirements.
• Requires licensing for distributors of material harmful to minors, with a one-time registration and annual license fee; fees are deposited with 50% to the General Fund (Attorney General) and 50% to the Special Mental Health Trust Fund, with the division able to adopt rules to implement the section.
• Defines reasonable age verification methods, including government ID or commercially reasonable data-based verification; restricts retention of identifying information after access is granted and imposes damages for improper retention.
• Creates civil penalties up to $2,000 per violation and provides methods to recover these penalties; permits civil actions or settlements to recover damages, costs, and attorney fees.
• Provides a private right of action for parents/guardians of a minor to recover damages if a minor accesses obscene or harmful material, and classifies violations as Deceptive Practices Act violations.
• Exempts bona fide news-gathering organizations and provides ISP safe harbors for merely providing access to content not controlled by the provider; establishes enforcement, investigation, and remedy procedures through the Attorney General, including subpoenas and emergency relief; effective date and local-funding considerations noted.

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