Alabama House Bill 164

• February 14, 2024 – First reading of HB 164 in the Alabama House of Representatives.
• October 1, 2024 – The law went into effect.

• Commercial entities that knowingly publish or distribute sexual material harmful to minors through adult websites, apps, or platforms.
• Third-party age verification providers performing required checks.

• Bona fide news-gathering organizations.
• ISPs, search engines, and cloud service providers that do not create or control the harmful content.

• Use a reasonable age-verification method that offers assurance the user is 18 or older, using commercially available tools such as software or digital ID apps.
• Do not retain identifying information after verification.
• Publish public health warnings on adult sites and advertisements, in 14pt font, including the following exact messages:
  • “ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.”
  • “ALABAMA HEALTH AND HUMAN SERVICES WARNING: Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses.”
  • “ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, and child pornography.”
• Display the following SAMHSA helpline message on every page of the website:
  • “U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION HELPLINE: 1-800-662-HELP (4357)

THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS.”

• Obtain written, notarized consent before distributing private images.

• Ensure age verification precedes access to content.
• Block access to minors using verification and secure processes.
• Display public health warnings in 14 pt font in conspicuous locations, as required by Section 9.
• Display the full SAMHSA helpline message on every page.
• Maintain records of written consent for 5 years when distributing private images.

• Assess a 10% tax on gross receipts from sales, subscriptions, and content considered harmful to minors that is generated or produced in Alabama.
• Businesses must report and remit this tax to the Department of Revenue under procedures similar to sales/use tax filings.
• Tax revenues will fund mental health care and prevention services.

• Right to data protection – Individuals' data used in verification must be safeguarded and not retained.
• Right to seek actual and punitive damages – Individuals may sue for violations, including court costs and attorney’s fees.
• Parental legal action – Parents may sue on behalf of minors exposed to harmful content.

• Enforcing authority: The Alabama Attorney General who may seek injunctions, issue compliance orders, and require the production of notarized consent documentation.
• Civil penalties up to $10,000 per violation.
• Each instance of a violation is considered separately.
• Violations may be prosecuted under Alabama’s Deceptive Trade Practices Act.
• The Alabama Attorney General may seek injunctions, issue compliance orders, and require the production of notarized consent documentation.
• Distribution of private images without written, notarized consent is a criminal offense: a Class A misdemeanor on first offense and a Class C felony for repeat offenses.
• Private individuals (or parents of minors) may bring lawsuits for violations of Sections 3, 8, or 9.