MONTGOMERY — The Senate Fiscal Responsibility and Economic Development Committee held a public hearing Wednesday for a bill that would require smartphones activated in Alabama to automatically have a content filter turned on for minor users.
House Bill 167 by State Rep. Chris Sells (R-Greenville) would require manufacturers of smartphones and tablets to require that devices manufactured on or after Jan. 1, 2025, contain a filter that is activated during the activation of the device if the user is a minor, and only allow a user with a password to deactivate or reactivate the filter.
The bill would also provide that a device manufacturer violating this act is subject to civil liability and provide for penalties.
The bill passed the House unanimously on April 4. Similar legislation passed the House and a Senate committee in 2023 but never received a vote in the Senate.
“These cell phones, they already have a filter on the phone and all we’re simply saying is: activate the filters on the phone. It doesn’t affect any retail associations. They’re carved out in the legislation,” Sells said during the public hearing. “I’ll tell you this is a problem. This is a huge problem. If you yourself are not affected by porn, someone in your family is affected by porn. Some of your children, grandchildren are probably exposed to this on their phone.”
Melea Stephens, a marriage and family therapist in Birmingham and a National Center on Sexual Exploitation board member, said the bill requires a “simple software update” from manufacturers.
“The porn industry and big tech are oftentimes fighting us tooth and nail because they see our children as a profit target,” Stephens said. “They do not want to give up access to our kids and that’s what this really boils down to. Are we going to support and protect Alabama’s children or are we going to support the interests of big tech and the porn industry?”
Various representatives of business and trade associations oppose the bill, saying it’s a mandate on businesses.
“It would be expensive to overcome, and next thing you know you’re going to be driving to another state to purchase a new iPhone,” Stefania Jones, governmental relations and marketing manager for the Department of Commerce, said. “That’s not outside the realm of possibility.”
Many of the opponents to the bill said they preferred a recent bill passed by State Rep. Ben Robbins (R-Sylacauga), this session that requires age verification of visitors by pornographic websites. Gov. Kay Ivey signed the bill into law on Wednesday.
“HB 167 is another instance of legislation that mandates certain businesses be the solution to a problem that they’re not responsible for creating. The Legislature has already passed a practical solution this session, HB 164 by Rep. Ben Robbins, to address the issue of minors accessing harmful online content, and we fully support that fix,” Caroline Franklin, director of governmental affairs for the Business Council of Alabama, said.
State Sen. Clyde Chambliss (R-Prattville) is carrying Sells’ bill in the Senate. The bill will be voted on in committee next week.
“For the business community: anybody who wants to propose specific amendments to this bill that solves any problem, I’ll objectively consider them, but vague comments about ‘It’s going to affect business,” I’m not interested in hearing any more of that,” Chambliss said during the public hearing.
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