SB-129
AL · State · USA
AL
USA
● Pending
Proposed Effective Date
2026-10-01
Alabama SB 129 — Relating to artificial intelligence; to require developers of generative artificial intelligence (AI) systems to disclose when image or video content is AI-generated; to provide requirements for AI-generated content disclosures; to provide that a violation of this act is an unlawful trade practice under the Deceptive Trade Practices Act; to provide a private right of action; and to provide for the enforcement of this act.
Requires developers of generative AI systems made available in Alabama to include clear and conspicuous disclosures on AI-generated image, video, or audiovisual content, both as human-perceptible labels and as embedded metadata identifying the content as AI-generated, the tool used, and the creation timestamp. Developers must also implement reasonable downstream enforcement procedures — including contractual prohibitions, certifications, and access termination — to prevent end users and third-party licensees from removing disclosures. Third-party licensees bear parallel downstream enforcement obligations toward their own end users. Violations constitute unlawful trade practices under the Alabama Deceptive Trade Practices Act, with AG enforcement subject to a 30-day cure period and a private right of action for injured persons.
Summary

Requires developers of generative AI systems made available in Alabama to include clear and conspicuous disclosures on AI-generated image, video, or audiovisual content, both as human-perceptible labels and as embedded metadata identifying the content as AI-generated, the tool used, and the creation timestamp. Developers must also implement reasonable downstream enforcement procedures — including contractual prohibitions, certifications, and access termination — to prevent end users and third-party licensees from removing disclosures. Third-party licensees bear parallel downstream enforcement obligations toward their own end users. Violations constitute unlawful trade practices under the Alabama Deceptive Trade Practices Act, with AG enforcement subject to a 30-day cure period and a private right of action for injured persons.

Enforcement & Penalties
Enforcement Authority
Attorney General enforcement under the Alabama Deceptive Trade Practices Act (Chapter 19, Title 8, Code of Alabama 1975). Prior to initiating an enforcement action, the Attorney General may provide a developer 30 days' written notice identifying the specific violations. If the developer cures the violation within 30 days and provides an express written statement that the violations have been cured and no further violations shall occur, the Attorney General shall not initiate an action for the noticed violations. Private right of action available to any person injured by a violation of Section 2, pursuant to Section 8-19-10, Code of Alabama 1975.
Penalties
Remedies available under Section 8-19-10, Code of Alabama 1975 (Alabama Deceptive Trade Practices Act), which generally provides for actual damages, injunctive relief, and reasonable attorney's fees and costs. The bill itself does not specify separate statutory damages amounts — recovery is governed by the DTPA remedies framework.
Who Is Covered
DEVELOPER. Any person doing business in this state that develops or significantly updates an artificial intelligence system that is offered, sold, leased, given, or otherwise provided to consumers in this state.
THIRD-PARTY LICENSEE. Any person in this state that holds a license from a developer to access and use a generative artificial intelligence system for its own purposes.
What Is Covered
GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM. Any artificial intelligence system or service that incorporates generative artificial intelligence.
Compliance Obligations 5 obligations · click obligation ID to open requirement page
T-02 AI Content Labeling & Provenance · T-02.1T-02.2 · Developer · Content Generation
Section 2(a)(1)-(3), Section 2(b)
Plain Language
Developers of generative AI systems available in Alabama must ensure that any image, video, or audiovisual output that meets the AI-generated content threshold carries two layers of disclosure: (1) a human-perceptible label appropriate for the medium — visual for visual content, visual and audible for audiovisual content — that is conspicuous, unavoidable, understandable, and not contradicted by the content; and (2) embedded metadata identifying the content as AI-generated, the tool used to create it, and the creation timestamp. Both disclosures must, to the extent technically feasible, be permanent or not easily removable. The disclosure obligation applies only when the AI's involvement materially alters a reasonable person's understanding of the content — minor AI edits that do not change the meaning or significance would not trigger the obligation.
Statutory Text
(a) A developer of a generative artificial intelligence system made available in this state shall ensure that any generative artificial intelligence system that produces images, video, or audiovisual content includes a clear and conspicuous disclosure on AI-generated content that meets all of the following requirements: (1) The disclosure shall include a clear and conspicuous notice appropriate for the medium of the content which identifies the content as AI-generated content. (2) The output's metadata shall identify the content as AI-generated content, identify the tool used to create the content, and the date and time the content was created. (3) The disclosure, to the extent technically feasible, shall be permanent or unable to be easily removed by subsequent users. (b) For a disclosure to be clear and conspicuous as required by subsection (a), the disclosure shall meet all of the following criteria: (1) For content that is solely visual, the disclosure shall be made visually in the same means the content is presented. (2) For content that is both visual and audible, the disclosure shall be visual and audible. (3) A visual disclosure shall stand out from any accompanying text or other visual elements by its size, contrast, location, the length of time it appears, and other characteristics so that the disclosure is easily noticed, read, and understood. (4) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (5) The disclosure shall be unavoidable. (6) The disclosure shall use diction and syntax understandable to a reasonable person. (7) The disclosure shall not be contradicted, mitigated by, or inconsistent with, anything else in the communication.
T-02 AI Content Labeling & Provenance · T-02.2 · Developer · Content Generation
Section 2(c)
Plain Language
Developers must implement reasonable downstream enforcement procedures to prevent their generative AI systems from being used without the required disclosures. At minimum, developers must: (1) contractually require end users and third-party licensees not to remove disclosures; (2) obtain certifications from end users and licensees that they will not remove disclosures; and (3) terminate access when the developer has reason to believe a user or licensee has removed a required disclosure. This is a procedural and contractual obligation — developers must build a compliance enforcement chain, not merely include disclosures at the point of generation.
Statutory Text
(c) A developer of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of a generative artificial intelligence system without the disclosures required under subsection (a), which shall include: (1) Requiring by contract that end users and third-party licensees of the generative artificial intelligence system refrain from removing any required disclosure from AI-generated content; (2) Requiring certification that end users and third-party licensees will not remove any disclosure from AI-generated content; and (3) Terminating access to the generative artificial intelligence system when the developer has reason to believe that an end user or third-party licensee has removed the required disclosure from AI-generated content.
T-02 AI Content Labeling & Provenance · T-02.2 · Deployer · Content Generation
Section 2(d)
Plain Language
Third-party licensees — persons who license a developer's generative AI system for their own purposes — bear a parallel downstream enforcement obligation toward their own end users. Licensees must contractually prohibit end users from removing disclosures, obtain certifications, and terminate access when there is reason to believe disclosures have been removed. This mirrors the developer obligation in Section 2(c) but shifts the duty to the intermediary licensee layer. Note: the text of subsection (d)(3) refers to 'the developer' having reason to believe, which appears to be a drafting error — the obligation falls on the third-party licensee.
Statutory Text
(d) Any third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of a generative artificial intelligence system without the disclosures required under subsection (a). The procedures shall include: (1) Requiring by contract that end users of the generative artificial intelligence system refrain from removing any required disclosure from AI-generated content; (2) Requiring certification that end users will not remove any disclosure from AI-generated content; and (3) Terminating access to the generative artificial intelligence system when the developer has reason to believe that an end user has removed the required disclosure from AI-generated content.
Other · Content Generation
Section 3(a)-(b)
Plain Language
Violations of this act are treated as unlawful trade practices under the Alabama Deceptive Trade Practices Act, subjecting violators to that act's enforcement provisions. Before bringing an AG enforcement action, the Attorney General may give the developer a 30-day written cure notice. If the developer cures the violation within 30 days and certifies in writing that violations have been cured and will not recur, the AG may not proceed on the noticed violations. This is an enforcement mechanism and cure provision — it creates no new affirmative compliance obligation beyond those in Section 2.
Statutory Text
(a) A violation of this act shall constitute an unlawful trade practice under the Deceptive Trade Practices Act, Chapter 19 of Title 8, Code of Alabama 1975, and be subject to the enforcement provisions of that act. (b) Prior to initiating an enforcement action for a violation of Section 2, the Attorney General may provide a developer 30 days' written notice identifying the specific provisions of Section 2 the Attorney General alleges have been or are being violated. If, within the 30-day period, the developer cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, the Attorney General shall not initiate an action against the developer for the noticed violations.
Other · Content Generation
Section 3(c)
Plain Language
Any person injured by a violation of the disclosure obligations in Section 2 may bring a private lawsuit under Section 8-19-10 of the Alabama Code, which is the private right of action provision of the Deceptive Trade Practices Act. This creates an enforcement pathway for injured individuals but does not impose a new compliance obligation on developers or licensees.
Statutory Text
(c) Any person injured due to a violation of Section 2 shall be entitled to initiate an action pursuant to Section 8-19-10, Code of Alabama 1975.