WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(a)(1) "Issue advocacyIssue advocacy"Issue advocacy" means a communication that provides information about political or social issues and is made to influence the outcome of an election.Wis. Stat. § 11.1303(2m)(a)(1)" means a communication that provides information about political or social issues and is made to influence the outcome of an election.
(a)(2) "Synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2)" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.
This subsection establishes two definitions that govern the scope of the disclosure requirements. Issue advocacy is defined broadly to include any communication providing information about political or social issues and made to influence an election outcome — extending the disclosure duty beyond express advocacy to issue-oriented communications. Synthetic media covers audio or video content substantially produced by generative AI, setting a low threshold for triggering the disclosure obligation.
(b) 1 Every audio communication otherwise described in sub. (2) (a) or (b) but containing express advocacy or issue advocacyIssue advocacy"Issue advocacy" means a communication that provides information about political or social issues and is made to influence the outcome of an election.Wis. Stat. § 11.1303(2m)(a)(1) or supporting or opposing a referendum and that contains synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2) shall include both at the beginning and at the end of the communication the words "Contains content generated by AI."
This subsection requires every political audio communication that contains synthetic media to include the disclosure phrase "Contains content generated by AI" at both the beginning and the end. The obligation applies to communications containing express advocacy, issue advocacy, or supporting or opposing a referendum — a scope broader than many state analogs that cover only express advocacy. The requirement runs to the committee or person responsible for the communication, not to broadcasters or carriers (who are exempted under subsection (g)).
(c) 2 Every video communication otherwise described in sub. (2) (a) or (b) but containing express advocacy or issue advocacyIssue advocacy"Issue advocacy" means a communication that provides information about political or social issues and is made to influence the outcome of an election.Wis. Stat. § 11.1303(2m)(a)(1) or supporting or opposing a referendum shall include throughout the duration of each portion of the communication containing synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2), in writing that is readable, legible, and readily accessible, the words "This video content generated by AI" if the video includes video synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2) only, "This audio content generated by AI" if the video includes audio synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2) only, or "This content generated by AI" if the video includes both video and audio synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2).
This subsection imposes an on-screen labeling requirement for political video communications containing synthetic media. The label must be displayed throughout the duration of each portion containing synthetic media, in writing that is readable, legible, and readily accessible. The required language varies depending on the type of synthetic media: video-only, audio-only, or both. This granularity distinguishes the Wisconsin approach from many state analogs that use a single generic label for all synthetic content types.
(d) The commission may promulgate rules implementing this subsection. The rules may include limited exceptions to the requirements under pars. (b) and (c).
(e) Compliance with this subsection does not create an exemption from any civil or criminal liability, including for violations of s. 12.05.
(f) Notwithstanding s. 11.1401 (1) (b), whoever intentionally violates par. (b) or (c) shall be subject to a forfeiture not to exceed $1,000 for each violation. Any violation of par. (b) or (c) shall be enforced as provided under s. 11.1400 (5).
(g) No liability for a violation of this subsection shall attach to any person who is a broadcaster or other host or carrier of a video or audio communication described in sub. (2) (a) or (b) that contains synthetic mediaSynthetic media"Synthetic media" means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.Wis. Stat. § 11.1303(2m)(a)(2), unless the person is a committee responsible for the communication.
(h) This subsection may not be construed to alter or negate any rights, obligations, or immunities of a provider of an interactive computer service under 47 USC 230.
These subsections establish the enforcement and limitation framework. The Wisconsin Ethics Commission may promulgate rules implementing the disclosure requirements, including limited exceptions. Intentional violations are subject to a forfeiture of up to $1,000 per violation, enforced under the existing campaign finance enforcement process. Importantly, compliance does not shield violators from other civil or criminal liability, including liability under Wis. Stat. § 12.05 (false representations affecting elections). Broadcasters and carriers are exempt unless they are the committee responsible for the communication, and Section 230 immunities are expressly preserved.
(1) This act first applies to a communication under s. 11.1303 (2m) (b) or (c) that is created on the effective date of this subsection.
The act applies to communications created on or after its effective date — the day after publication, March 22, 2024. Communications created before that date are not subject to the disclosure requirements even if distributed afterward.