Montana legislation · 2025 Regular Session
Montana HB408: Revise laws to protect children from obscene content through electronic devices
Status: Chaptered, May 22, 2025
What the bill says
A bill for an act entitled: "an act generally revising laws regarding minors' access to obscene content on devices via the internet; requiring all devices activated in montana on or after january 1, 2026, to contain a filter to prevent a minor's access to obscene content; establishing liability for a device manufacturer that fails to enable device filters; establishing liability for a person who removes the filter from a minor's device and the minor uses the device to access obscene content; providing definitions; providing penalties; providing exceptions…
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS REGARDING MINORS' ACCESS TO OBSCENE CONTENT ON DEVICES VIA THE INTERNET; REQUIRING ALL DEVICES ACTIVATED IN MONTANA ON OR AFTER JANUARY 1, 2026, TO CONTAIN A FILTER TO PREVENT A MINOR'S ACCESS TO OBSCENE CONTENT; ESTABLISHING LIABILITY FOR A DEVICE MANUFACTURER THAT FAILS TO ENABLE DEVICE FILTERS; ESTABLISHING LIABILITY FOR A PERSON WHO REMOVES THE FILTER FROM A MINOR'S DEVICE AND THE MINOR USES THE DEVICE TO ACCESS OBSCENE CONTENT; PROVIDING DEFINITIONS; PROVIDING PENALTIES; PROVIDING EXCEPTIONS; AND PROVIDING A DELAYED EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Definitions. As used in [sections 1 through 6 5], the following definitions apply: (1) "Activate" means the process of powering on a device and associating it with a user account. (2) "Device" means a tablet or a smartphone manufactured on or after [the effective date of this act]. (3) "Filter" means generally accepted and commercially reasonable software used on a device that is capable of preventing a device from accessing or displaying obscene content through internet browsers or search engines owned or controlled by the manufacturer in accordance with prevailing industry standards, including blocking known websites linked to obscene content via mobile data networks, wired internet networks, and wireless internet networks. (4) …