HB43 Summary

• Requires manufacturers of tablets and smartphones sold in Alabama to install and automatically activate filter software blocking material harmful to minors upon device activation.

• Filter must prevent access to harmful material on mobile data networks, manufacturer-controlled applications, and wired/wireless Internet networks, with users able to unblock content via passcode.

• Manufacturers liable to minors for actual damages if devices fail to enable compliant filters, with civil penalties of up to $10 per violation (maximum $500 per plaintiff) plus filing and attorney fees.

• Establishes special compliance procedure allowing private individuals to notify manufacturers of violations and potentially bring lawsuits after 60 days if violations are not corrected and penalties not paid.

• Becomes operative January 1 following the year that 5 or more states enact substantially similar legislation, as certified by the Legislative Services Agency; becomes effective three months after passage.