Alabama porn filter bill closer to becoming law: ‘This is far worse than library books’
A bill to require tablets and smartphones to require the activation of filters to block obscene material from minors moved one step closer to becoming Alabama law Wednesday.
SB186 by Sen. Clyde Chambliss, R-Prattville, was approved by the Alabama House Commerce and Small Business Committee.
Similar legislation has been proposed before but has not passed.
“For us to allow this to happen for this many years is just unbelievable,” said Rep. Chris Sells, R-Greenville, who has sponsored similar bills for several years.
Sells said access to porn on devices is a greater danger for children than disagreements over obscene materials in library books.
“This is far worse than library books,” Sells said. “That’s words. This is videos and real people doing real life things.”
The bill says smartphones and tablets activated in Alabama must:
- Contain a filter.
- Ask the user to provide the user’s age during activation and account set-up.
- Automatically enable the filter when the user is a minor (under 18).
- Allow a password to be established for the filter.
- Notify the user of the device when the filter blocks the device from accessing a website.
- Allow a non-minor who has a password the opportunity to deactivate and reactivate the filter.
The bill says the manufacturer is subject to civil liability if a device is activated in the state, does not enable the required filter when it is activated, and allows a minor to access obscene material.
The Alabama attorney general could pursue civil penalties against violators, according to the bill.
Lobbyists representing the wireless industry and others have opposed the bill in previous years. They said they agreed with the intent but said it was not the best way to protect children.
On Wednesday, the committee removed a section of the bill that would have allowed parents to file lawsuits against companies for violating the law. Sells said that satisfied some of those who were against the bill.
“With this amendment, the opposition has agreed to lay off of it,” Sells said.
The amendment also changed the effective date from June to October should the bill become law.
Utah has passed a similar law.
Rep. Phillip Ensler, D-Montgomery, asked who would manufacture the devices that met the requirements specifically for Alabama and if there would be additional costs.
Sells said every phone is already equipped with the filters and that complying with the law would be a software fix.
Rep. Adline Clarke, D-Mobile, said she had received emails from people who called the bill government overreach and who said that it was the responsibility of parents to protect their children from porn.
In response, Sells likened the bill to laws that prohibit children from buying alcohol and tobacco.
“Nothing up here we do is 100%,” Sells said. “Will this work 100%? Definitely not. Can they find a way to get around it? Sure, somebody can. But I think we need to do something.”
The committee approved the bill on a voice vote, with Clarke and Ensler abstaining.
The approval puts the bill in position for consideration by the full House.