Anti-pornography legislation in Alabama could be introduced from January 1, 2018, following the introduction of a new bill last month. House Bill 428 was introduced by Jack Williams (R-Montgomery) to prevent state residents from using Internet-enabled devices to view obscene material.
The anti-pornography legislation classes obscene material as material that would, to an average person, appeal to prurient interest. Pornography, child abuse images and child pornography are included in the definition of obscene content, as is any other material that depicts patently offensive sexual conduct or excretory functions, lacks artistic, political or scientific value, or facilitates or promotes prostitution, sexual cyber-harassment or human trafficking.
If the anti-pornography legislation is passed, the sale of any Internet-enabled device without a web filtering solution in place would be classed as a Class A misdemeanour and would be punishable with a maximum fine of $6,000 per incident and up to one year in jail. However, should such a device be sold to a minor, the offense would increase to a Class C misdemeanor for which the fine would rise to a maximum of $30,000 per incident and a jail term of up to 10 years.
While an Internet filtering solution must be in place at the point of sale, it would not be an offence for the purchaser of the device to remove the filter, provided a request is submitted to the seller in writing, proof that the individual is over 18 years old is supplied and a one-time filter deactivation fee of $20 is paid.
The fees will be collected by the Department of Revenue. 60% of the fees will be directed to the Alabama Crime Victims Compensation Fund, 20% will be directed to grants programs which will in part, be devoted to helping victims of human trafficking, with the remaining 20% of fees deposited in the General State Fund.
It is unclear at this stage how vendors of Internet-enabled devices would ensure that their devices are protected. The legislation describes a filter as a hardware or software solution that can be used to block websites, email, chatrooms, or other Internet-based communications based on category, content or site. The type of filter used will be left to the discretion of the seller.
Since there is a possibility that webpages or websites may be incorrectly categorized, the solution would also require a mechanism that allows websites or content to be blocked or unblocked. The vendor would be required to supply a phone number to a call center to allow requests to block/unblock content to be submitted. Failure to act on those requests in a reasonable time frame would be punishable with a $500 fine for each failure to block an obscene website or webpage.
Alabama is not the only state to propose anti-pornography legislation. Similar bills have also been introduced in New Mexico, North Dakota and South Carolina.
