Governor Kay Ivey of Alabama has enacted House Bill (HB) 164, a controversial piece of legislation aimed at imposing stringent age verification requirements on adult websites accessed from Alabama IP addresses. The bill, which has been described as one of the most comprehensive of its kind, was spearheaded by state Representative Ben Robbins and received overwhelming support in both the state House and Senate.

HB 164 mandates that adult websites implement “reasonable” age verification processes to prevent minors in Alabama from accessing explicit content. Beyond this primary requirement, the bill introduces additional layers of regulation that extend its impact significantly. Notably, it imposes a 10 percent use tax on all adult content distributed digitally within Alabama. Revenue generated from this tax is earmarked for funding mental health programs.

Another controversial aspect of the legislation involves record-keeping mandates that require adult content producers to maintain detailed records at the state level—a move that potentially conflicts with existing federal regulations governed by the U.S. Department of Justice under 18 U.S. Code Section 2257.

Further stirring debate is the bill’s requirement for adult sites to display public health warnings that claim that pornography is “biologically addictive” and “proven to harm human brain development,” among other assertions. These warnings must also include the contact number for a mental health helpline administered by the Substance Abuse and Mental Health Services Administration (SAMHSA), despite the fact that neither SAMHSA nor the American Psychiatric Association recognizes porn addiction as a formal diagnosis.

Critics have pointed out inaccuracies within the bill, such as the reference to a non-existent Alabama “Health and Human Services” agency, mirroring a similar error found in Texas’s age verification law, which was previously struck down by a federal appeals court as unconstitutional.

The bill’s passage reflects the significant influence of the Republican supermajority in Alabama’s legislature, with Robbins emphasizing the measure as a response to a perceived “mental health crisis” fueled by easy access to adult content by minors. Senate Majority Leader Steve Livingston echoed this sentiment, framing the legislation as “commonsense” and protective of families.

However, the bill has attracted criticism for its perceived overreach and the potential implications for digital privacy and freedom of expression. Digital rights groups and some public health experts have challenged the scientific basis of the claims made in the mandated health warnings, calling for a more evidence-based approach to legislation.

As HB 164 gears up for implementation, with most provisions set to take effect in October 2024 and the tax provisions in September 2025, its real-world impacts and legal challenges remain to be seen. The broad scope of the bill and its controversial elements may well set the stage for further debates and legal scrutiny concerning the regulation of online adult content and the balance between protecting minors and respecting adult privacy and free speech.