WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) 1 Manufacturers of publicly distributed online media in the state that use an artificial intelligenceArtificial intelligence"Artificial intelligence" means computer systems or algorithms that can imitate human behavior and control the flow of information or data by generating written or verbal material.Section 1(4)(a) system to direct, control, or focus the information any one individual can see, whether entirely or in part, shall disclose the use of the system and provide a user with the option to opt out.
(2) 2 Any publicly distributed online media generated in whole or in part by artificial intelligenceArtificial intelligence"Artificial intelligence" means computer systems or algorithms that can imitate human behavior and control the flow of information or data by generating written or verbal material.Section 1(4)(a) must contain identifiable markersMarkers"Markers" means an explicit visual or audio disclosure, including but not limited to a mark, symbol, audio flaw, content label, watermark, byline, disclosure field, acknowledgment, disclaimer, or warning.Section 1(4)(b) that alert users to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means computer systems or algorithms that can imitate human behavior and control the flow of information or data by generating written or verbal material.Section 1(4)(a), as well as embedded markersMarkers"Markers" means an explicit visual or audio disclosure, including but not limited to a mark, symbol, audio flaw, content label, watermark, byline, disclosure field, acknowledgment, disclaimer, or warning.Section 1(4)(b) that allow identification of the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means computer systems or algorithms that can imitate human behavior and control the flow of information or data by generating written or verbal material.Section 1(4)(a) should the original identifiable markersMarkers"Markers" means an explicit visual or audio disclosure, including but not limited to a mark, symbol, audio flaw, content label, watermark, byline, disclosure field, acknowledgment, disclaimer, or warning.Section 1(4)(b) be deleted.
(3) This section does not apply to a governmental entity, as defined in 2-17-551.
(4)(a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means computer systems or algorithms that can imitate human behavior and control the flow of information or data by generating written or verbal material.Section 1(4)(a)" means computer systems or algorithms that can imitate human behavior and control the flow of information or data by generating written or verbal material.
(4)(b) "MarkersMarkers"Markers" means an explicit visual or audio disclosure, including but not limited to a mark, symbol, audio flaw, content label, watermark, byline, disclosure field, acknowledgment, disclaimer, or warning.Section 1(4)(b)" means an explicit visual or audio disclosure, including but not limited to a mark, symbol, audio flaw, content label, watermark, byline, disclosure field, acknowledgment, disclaimer, or warning.
Section 1 is the bill's sole operative section, imposing two distinct obligations on manufacturers of publicly distributed online media. Subsection (1) requires disclosure of AI use in content curation and an opt-out mechanism. Subsection (2) requires both human-perceptible and embedded machine-readable markers on AI-generated content. Subsection (3) carves out governmental entities. Subsection (4) provides definitions for artificial intelligence and markers.
The bill does not formally define "manufacturers of publicly distributed online media," leaving the scope of the regulated entity class ambiguous. The AI definition is notably narrow — limited to systems that both imitate human behavior and control information flow by generating written or verbal material — potentially excluding image-generation, recommendation, and ranking systems that do not themselves generate written or verbal material.
[Section 1] is intended to be codified as an integral part of Title 30, and the provisions of Title 30 apply to [section 1].
Section 2 is a codification instruction directing that Section 1 be codified as part of Title 30 (Trade and Commerce) of the Montana Code Annotated. This is a legislative housekeeping provision that creates no independent compliance obligation but indicates that Title 30's general provisions — including any enforcement mechanisms — would apply.