The bill HB2661 amends Title 44 of the Arizona Revised Statutes by adding Chapter 29, which relates to personal electronic devices. It establishes requirements for manufacturers to include filters on tablets and smartphones activated in Arizona from January 1, 2026, onwards, to prevent access to obscene material by users under 18 years old. The bill defines terms such as "device," "filter," "manufacturer," "minor," and "obscene material," and outlines the process for activating the filter based on the user's age during device setup. It also provides for civil liability for manufacturers if a minor accesses obscene material on a device without an enabled filter and allows for civil action by parents or legal guardians in such cases.
Significant changes include the removal of criminal liability and penalties, focusing instead on civil liability and penalties. The bill allows the Attorney General to take action against violators, including issuing injunctions and recovering penalties up to $50,000. It also allows parents or legal guardians to sue for actual or liquidated damages, punitive damages, and other court-deemed relief, including attorney fees. The bill does not create a cause of action against retailers or their employees and does not apply to manufacturers that make a good faith effort to comply with the filter requirements. The bill becomes effective on the general effective date.