MT HB408

All smartphones and tablets activated in Montana on or after January 1, 2026 must contain filters that automatically block obscene content for users under 18, based on age provided during device setup.

Device manufacturers face civil liability if their devices fail to enable compliant filters and a minor accesses obscene content, though a "good faith effort" defense is available.

Parents or legal guardians may sue manufacturers for actual damages or $50,000 per violation if damages are difficult to ascertain, plus punitive damages for knowing and willful violations, attorney fees, and court costs.

Non-parents who intentionally disable a filter on a minor's device face both civil and criminal liability; parents may recover $1,000 per violation from such individuals.

Retailers are exempt from liability, and the law does not apply to devices manufactured before the effective date.