Oklahoma House Bill 1472

Summary

Oklahoma HB 1472 requires blocking of obscene material. It was amended to make filtering for obscenity opt in. Must still block “revenge porn” and sites that facilitate prostitution and human trafficking.

This bill is based on a model bill drafted by the Human Trafficking Prevention Act (HTPA) campaign. The campaign’s goal is to block access to sexual material and other content on the internet by enacting laws in all the 50 states and Congress to force manufacturers, distributors and retailers to install and activate filtering software on any device that allows access to the internet. In 2017, 14 HTPA bills have been introduced in 12 states. Click here to learn more about the campaign.

Status

HB 1472 was amended and passed Judiciary and Criminal Justice and Corrections Committee on March 1, 2017.

Analysis

» The business or individual must also:

  • Make reasonable and ongoing efforts to ensure that the blocking software works properly; including setting up a call center or website to report blocking non-obscene material and failing to block obscene material.
  • Block “private sexual images published without consent of all parties.”  These images are not illegal Oklahoma law and are protected by the First Amendment.
  • Block access to prostitution and human trafficking websites, but neither term is defined.

A business or individual that manufactures, distributes or sells a product without the digital content blocking capability or sells the product to a minor without activated filters is subject to up to one year imprisonment in county jail, a fine of not less than $1,000, or both.

Any digital blocking capability may be deactivated after a consumer:

  • requests in writing that the capability be disabled;
  • presents identification to verify that the consumer is 18 years of age or older;
  • acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and
  • pays a one-time $20 digital access fee to the seller.

History

The bill was introduced on February 4, 2016 and referred to the House Committee on Judiciary.