69th Legislature passes HB 513 regulating digital likeness rights and unauthorized use

April 30, 2025 | Enrolled House Bills, 2025 House and Senate Bills, Montana Legislation Bills, Montana


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69th Legislature passes HB 513 regulating digital likeness rights and unauthorized use
Montana's House Bill 513 is making waves as it seeks to protect individuals' rights over their digital likenesses and voices, a move that could reshape the landscape of digital media and personal privacy. Introduced on April 30, 2025, the bill aims to establish clear legal boundaries against unauthorized use of a person's name, voice, or visual likeness, particularly in the rapidly evolving digital realm.

At the heart of HB 513 is a robust framework that allows individuals to take legal action against those who exploit their likenesses without consent. The bill stipulates that punitive damages and reasonable attorney fees may be awarded to victims, emphasizing the seriousness of unauthorized digital representations. Notably, it explicitly states that a disclaimer from the unauthorized user cannot serve as a defense, reinforcing the protection of personal rights.

The legislation also outlines who can enforce these rights, allowing not only the individuals directly affected but also those to whom these rights have been assigned or licensed to pursue claims. However, the bill does include exceptions for uses protected under the First Amendment, such as news reporting, commentary, and parody, which has sparked discussions about balancing personal rights with freedom of expression.

Debate surrounding HB 513 has been intense, with proponents arguing that it is essential in an age where digital impersonation can lead to significant harm, while critics caution that it may inadvertently stifle creativity and free speech. The bill's implications extend beyond individual rights; it raises questions about the responsibilities of digital platforms and content creators in managing and respecting personal likenesses.

As the Montana Legislature continues to deliberate on HB 513, its potential to set a precedent for similar legislation across the country looms large. If passed, this bill could not only empower individuals to reclaim control over their digital identities but also ignite a broader conversation about privacy rights in the digital age. The outcome of this legislation could have lasting effects on how digital content is created, shared, and consumed, making it a pivotal moment for both lawmakers and citizens alike.

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