Montana’s House Bill 392 (HB 392), known as the Child Digital Protection Act, aims to establish legal and financial safeguards for minors featured in monetized family video content. Introduced by Representative Katie Zolnikov on February 5, 2025, the bill addresses concerns regarding the use of children’s likenesses in online platforms by social media influencers and content creators. Read more: FastDemocracy | Daily Montanan
Key Provisions of HB 392:
Trust Fund Contributions: The bill mandates that content creators who meet specific criteria—such as generating significant revenue from videos featuring their minor children—must allocate a portion of these earnings into a trust fund for the child’s benefit. This measure ensures that minors receive financial compensation for their participation in monetized content. Read more: BillTrack50
Right to Request Content Removal: Upon reaching the age of majority, individuals featured in such content as minors have the right to request the removal of their likenesses from online platforms. This provision empowers young adults to manage their digital footprints and personal privacy.
Private Right of Action: HB 392 grants minors, or their legal representatives, the ability to pursue legal action against content creators who fail to comply with the bill’s stipulations. This enforcement mechanism underscores the importance of adhering to the protections outlined in the legislation.
As of March 12, 2025, HB 392 was under consideration by the Senate Energy, Technology & Federal Relations Committee, following its passage in the House. Read more: LegiScan
The introduction of this bill reflects a broader movement to address the evolving challenges associated with children’s participation in digital content creation. By implementing financial safeguards and privacy rights, Montana seeks to protect minors from potential exploitation in the rapidly expanding realm of social media and online content.
