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Montana: Bill prohibiting use of TikTok signed by Governor, enters into effect January 2024

Senate Bill No. 419 for An Act Banning TikTok in Montana was signed, on May 18, 2023, by the Montana Governor, after being previously signed by the presiding officers of each House of the Montana Legislature. In particular, the Act comes into effect on January 1, 2024, and prohibits TikTok, Inc.'s operation within the territorial jurisdiction of Montana. The Act further provides that entities violate the prohibition when any of the following occurs within Montana:

  • the operation of TikTok by the company or users; or
  • the option to download the TikTok mobile app is provided by a mobile app store.

Accordingly, an entity that violates the prohibition would be liable in the amount of $10,000 for each discrete violation, as well as an additional $10,000 each day thereafter that the violation continues. The Act further provides definitions for, among others, 'entity,' 'mobile application,' and 'discrete violation,' and designates the Department of Justice to enforce its provisions.

You can read the bill here and view its history here.