EdLaw
Alabama — device filters for minors (Code of Ala. 1975 §§8-19H-1 to 8-19H-5)
Chapter 8-19H in full: the definitions (a device is a tablet or smartphone manufactured on or after the date in §8-19H-1(2)), the manufacturer's duty to make a filter available that is enabled automatically when a device is activated in Alabama for a minor, manufacturer liability, liability of individuals who disable a filter for a minor, and civil penalties.
Code of Ala. 1975 §8-19H-1 Definitions
As used in this chapter, the following terms have the following meanings:
- (1) ACTIVATE. The process of powering on a device and associating it with a new or existing user account.
- (2) DEVICE. A tablet or a smartphone manufactured on or after October 1, 2025.
- (3) FILTER. Generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned and controlled by the manufacturer in accordance with prevailing industry standards, including blocking known websites linked to obscene content, via mobile data networks, wired Internet networks, and wireless Internet networks.
- (4) INTERNET. The global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions; that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite or its subsequent extensions, or other IP-compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure.
- (5) MANUFACTURER. A person to which all of the following apply:
- (6) MINOR. An individual under 18 years of age who is not emancipated, married, or a member of the United States Armed Forces.
- (7) OBSCENE MATERIAL. A visual depiction of sexually explicit conduct, as defined under Section 13A-12-190.
- (8) OPERATING SYSTEM. Software that manages all of the other application programs on a device.
- (9) PASSWORD. A string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device.
- (10) RETAILER. A person, other than a manufacturer, that sells a device directly to consumers. The term includes an employee of a retailer acting in the course and scope of the employee’s employment.
- (11) SMARTPHONE. An electronic device that combines a cell phone with a hand-held computer, typically offering Internet access through a browser or search engine and that typically has data storage, text, and email capabilities.
- (12) TABLET. A mobile device that is equipped with a mobile operating system, touchscreen display, and rechargeable battery and that has the ability to support access to a cellular network.
- (13) VIDEO GAME CONSOLE. A discrete computing system, including the system’s components and peripherals, primarily used for playing video games, but does not include a smartphone or tablet.
Code of Ala. 1975 §8-19H-2 Requirements for Certain Devices
Devices activated in this state must meet all of the following requirements:
- (1) Contain a filter.
- (2) Ask the user to provide the user’s age during activation and account set-up.
- (3) Automatically enable the filter when the user is a minor based on the age provided under subdivision (2).
- (4) Allow a password to be established for the filter.
- (5) Notify the user of the device when the filter blocks the device from accessing a website.
- (6) Allow a non-minor who has a password the opportunity to deactivate and reactivate the filter.
Code of Ala. 1975 §8-19H-3 Manufacturer Liability
- (a) A manufacturer of a device shall be subject to civil liability if all of the following occur:
- (b) Notwithstanding subsection (a), this section does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the state, automatically enables a filter on the device that complies with the requirements of Section 8-19H-2.
- (c) Nothing in this chapter does any of the following:
Code of Ala. 1975 §8-19H-4 Liability of Individuals
With the exception of a minor’s parent or legal guardian, a person may be liable in a civil action for intentionally enabling the password to remove or deactivate the filter on a device in the possession of the minor if the minor accesses obscene material on the device.
Code of Ala. 1975 §8-19H-5 Violations; Penalties
- (a) Whenever the Attorney General has reason to believe that a person has violated or is violating this chapter, the Attorney General, acting in the public interest, may bring an action in the name of the state against the person as follows:
- (1) To enjoin any action that constitutes a violation of this chapter by the issuance of a temporary restraining order or preliminary or permanent injunction.
- (2) To recover from the alleged violator a civil penalty not to exceed five thousand dollars ($5,000) per violation, and not to exceed a total of fifty thousand dollars ($50,000) in aggregate, as determined by the court.
- (3) To recover from the alleged violator the Attorney General’s reasonable expenses, investigative costs, and attorney fees.
- (4) To obtain other appropriate relief as provided for under this chapter.
- (b) The Attorney General, in addition to other powers conferred by this chapter, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry.
- (c) The Attorney General may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state if, after the manufacturer is found to have violated this chapter, the manufacturer demonstrates a repeated pattern of violations of this chapter.
- (d) For purposes of assessing a penalty under this section, a manufacturer is considered to have committed a separate violation for each device manufactured on or after October 1, 2025, which violates Section 8-19H-2.