House Bill 408, introduced in the Montana Legislature on February 26, 2025, aims to address the growing concern over minors accessing obscene content on digital devices. The bill proposes stringent measures against manufacturers of such devices, holding them accountable for violations related to content accessibility.

The primary provisions of House Bill 408 include the establishment of civil penalties for manufacturers who fail to prevent minors from accessing inappropriate content. Specifically, the bill allows the attorney general to impose fines of up to $5,000 for each violation, with a cap of $50,000 for aggregate penalties. Additionally, the attorney general can recover reasonable expenses related to investigations and legal fees, and may seek the revocation of a manufacturer’s business license after repeated violations.

A significant aspect of the bill is the provision that empowers parents or legal guardians to initiate civil actions against manufacturers if their minor children access obscene content. This allows for the recovery of actual damages or a set amount of $50,000 per violation, along with potential punitive damages if the violation is deemed willful.

The introduction of House Bill 408 has sparked notable debates among lawmakers and stakeholders. Proponents argue that the bill is a necessary step to protect children from harmful content and hold manufacturers accountable for their products. Critics, however, raise concerns about the potential for overreach and the implications for manufacturers, particularly smaller companies that may struggle to comply with stringent regulations.

The bill's implications extend beyond legal accountability; it also raises questions about the balance between protecting minors and the responsibilities of technology manufacturers. Experts suggest that if passed, House Bill 408 could set a precedent for similar legislation in other states, potentially reshaping the landscape of digital content regulation.

As the legislative session progresses, House Bill 408 will likely continue to be a focal point of discussion, reflecting broader societal concerns about child safety in the digital age. The outcome of this bill could have lasting effects on both the technology industry and the protection of minors in Montana.