House Bill 392, introduced in Montana on February 13, 2025, is making waves as it seeks to protect the financial interests of minors featured in online content. The bill mandates that content creators who earn compensation from videos featuring their minor children must set aside a portion of their earnings in a trust for the child’s future.

The legislation targets content creators who meet specific criteria, including generating a minimum number of views or receiving at least $0.10 per view. If at least 30% of their compensated video content includes the likeness, name, or photograph of their minor child, they are required to allocate a percentage of their gross earnings into a trust. This percentage varies based on the amount of content featuring the child, ranging from 10% to 25%.

Supporters of HB 392 argue that it is a necessary step to safeguard the financial futures of minors who may not have a say in how their likeness is used online. They emphasize the growing influence of social media and the potential for exploitation in an industry where children can unwittingly become stars.

However, the bill has sparked debates among content creators and industry advocates. Critics express concerns about the potential financial burden on creators, particularly those who may not have substantial earnings. They argue that the bill could stifle creativity and discourage parents from involving their children in content creation.

The implications of HB 392 extend beyond individual creators; it raises broader questions about child labor laws in the digital age and the responsibilities of parents in managing their children's online presence. As the bill moves through the legislative process, its future remains uncertain, but it undoubtedly highlights the need for a framework that balances protection with the freedom of expression in the evolving landscape of digital content.