Alabama House Passes Bill Mandating Default 'Porn Filters' on Devices

The Alabama House of Representatives recently passed legislation that would mandate phone and computer manufacturers to pre-install "porn filters" on devices sold within the state. The bill, which mirrors a law enacted in Utah in 2021, now moves to the state Senate for consideration.

Legislative Action and Sponsorship

The Alabama House of Representatives approved the bill last Tuesday with a vote of 70-8, and 24 abstentions. Another report indicates a vote of 98-0. The legislation, identified as HB 298 in one report and HB 167 in another, was introduced by Republican Rep. Chris Sells of Greenville. Sells is the primary sponsor of House Bill 167. The bill aims to require manufacturers to automatically enable existing filters that prevent the viewing of pornography or sexually explicit content. Purchasers would need to use a password to disable the filter if they wished to view such content.

According to XBIZ, HB 298 was introduced two years ago as part of a broader, state-by-state campaign to pass laws requiring default filtering. This campaign is reportedly coordinated by religiously motivated organizations, including the anti-porn lobby NCOSE, formerly known as Morality in Media. Sells stated to the Alabama House Judiciary Committee in 2021 that while state laws prohibit children from purchasing alcohol and cigarettes, mobile devices allow access to adult content by "punch[ing] a couple of buttons."

Sells advocated for state intervention on behalf of "children whose parents haven’t gone to the trouble to make sure the filter is activated." He informed the committee that "most parents are not taking the time to download an app or to go into the settings of these phones, and just buy a child a phone and hand it to them."

Arguments for the Bill

During hearings, a Republican advisor at the Montgomery County District Attorney’s office testified about a perceived statewide crisis of "porn addiction." This premise is contested by most psychology research. The advisor, identified as Anderson, described a child he claimed to be involved with as "a full-blown addict" by the age of 10. Anderson stated that this child "was often unsupervised with over four devices that gave him unlimited access."

Several lawmakers expressed support for the legislation, citing that not all parents are aware of or utilize available filtering options. Sells indicated that the requirement would help prevent children from inadvertently seeing inappropriate content.

Comparison to Utah Legislation and Future Outlook

The Alabama bill copies legislation passed in Utah in 2021. Utah's "Children's Device Protection Act" was signed into law on March 13 by Gov. Spencer Cox and is scheduled to go into effect on January 1, 2025. At the time of one report, Utah was the only state with a passed law stipulating these requirements for mobile devices. The Utah bill included a provision that it would not go into effect until five other states passed matching legislation. Anti-porn lobbies reportedly continue to recruit religious politicians to target red-state legislatures in an effort to achieve this number.

The Alabama bill reportedly provides for "civil and criminal liability" for device manufacturers who fail to comply with the porn filtering mandates. A similar law in Utah features criminal penalties, including a felony for retailers and manufacturers. Opponents of the Alabama measure have questioned its potential to withstand a court challenge and the feasibility of requiring manufacturers to make adjustments for devices sold or activated in Alabama.

The bill now moves to the state Senate. If it passes the Senate, which is controlled by the Republican Party, Republican Gov. Kay Ivey is likely to sign it. If signed, the bill would enter force on January 1, 2026.

Key Facts

• The Alabama House of Representatives passed a bill mandating pre-installed "porn filters" on devices sold in the state.
• The bill passed the House with votes of 70-8 (with 24 abstentions) and 98-0 in different reports.
• Rep. Chris Sells (R - Greenville) introduced the legislation, identified as HB 298 and HB 167.
• The bill is described as copying legislation passed in Utah in 2021.
• The legislation would require manufacturers to automatically enable existing filters, with purchasers needing a password to disable them.
• The bill now moves to the Alabama state Senate for consideration.