Bill > HB408

This bill aims to protect minors from accessing obscene content on electronic devices by mandating that all tablets and smartphones activated in Montana after January 1, 2026, must include a filter to block inappropriate online content. The bill defines key terms such as "device" (tablets and smartphones), "filter" (software that prevents access to obscene content), and "minor" (individuals under 18 who are not emancipated, married, or in the military). Manufacturers of these devices will be required to automatically enable age-appropriate filters during device activation, ask for the user's age, provide a password option to modify the filter, and notify users when content is blocked. The legislation establishes potential civil liability for manufacturers if a minor accesses obscene content on a device without a properly functioning filter, though manufacturers can avoid liability by making a good faith effort to implement the required protections. Additionally, the bill allows parents or legal guardians to bring civil actions against manufacturers or individuals who deliberately disable filters, with potential damages ranging from $1,000 to $50,000 depending on the circumstances. The Attorney General is also granted the authority to seek penalties and injunctions against violators. The bill's ultimate goal is to create a legal framework that incentivizes device manufacturers to proactively protect minors from accessing inappropriate online content.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC0676