House Bill 347 Alabama 2026 Session

Summary

Primary Sponsor

Ben HarrisonRepresentative

Republican

Session

2026 Regular Session

Title

Consumer protection; illicit material, private rights created, enforcement authorized, penalties established

Summary

HB347 would hold technology developers and platforms more accountable for illicit private images, create private lawsuits for those depicted, require removal processes and notices, and empower enforcement with penalties.

What This Bill Does

It changes existing immunity for developers/providers so they may be civilly liable in certain circumstances when their technology is used to create or distribute illicit private images. It creates a private right of action for individuals depicted in illicit material that was recklessly produced or disclosed on a website or nudification app in exchange for payment or produced by a nudification app. It requires websites and apps to create a removal process and post clear notices about removal, and to remove illicit material within a reasonable timeframe or face damages. It also authorizes the Attorney General to enforce violations as deceptive trade practices, with penalties up to $7,500 per violation, potential punitive damages for patterns, and a one-year window for claims; private actions can proceed even if the AG acts.

Who It Affects

• Individuals depicted in illicit material who could seek damages and request removal of the material.
• Owners of websites, apps, and technology providers (including nudification apps) who could be civilly liable, must implement removal processes and notices, and may face penalties and enforcement actions.

Key Provisions

• Amends 13A-6-240 to remove blanket immunity for developers/providers in cases where their technology is used to create or distribute illicit material, making them potentially civilly liable in certain circumstances.
• Creates a private right of action for individuals depicted in illicit material that was recklessly produced or disclosed on a website or nudification app in exchange for payment.
• Requires websites and applications to establish a removal process and to post a clear notice describing the removal process and related rights.
• Defines key terms (illicit material, private image, nudification application, material contribution, violator) and sets who may be liable (e.g., site owners, nudification app operators, those who facilitate or profit from illicit material).
• Authorizes the Attorney General to enforce violations as deceptive trade practices, with civil penalties up to $7,500 per violation and potential punitive damages for patterns; provides a one-year statute of limitations for AG actions; private actions are not barred by AG enforcement.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumer Protection