Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Peggy Hurley, Senior Staff Attorney March 25, 2024
2023 Wisconsin Act 123
[2023 Assembly Bill 664]
Disclosure of Artificial
Intelligence Used in Political
Advertising
2023 WISCONSIN ACT 123
This act requires disclosure if certain types of political advertisements incorporate audio or video
content that is substantially produced in whole or in part by means of generative artificial intelligence
(AI). Under the act, any audio and video communication using AI that contains express advocacy, issue
advocacy, or supports or opposes a referendum must include a disclosure that identifies the use of AI in
the communication.
The act requires the Wisconsin Ethics Commission to investigate violations of this requirement in the
same manner as it currently does for similar violations of disclosure requirements over which it has
regulatory authority; violations are subject to a forfeiture up to $1,000 per violation. Under the act, the
Ethics Commission may promulgate rules to create limited exceptions to the bill’s disclosure
requirements.
The act exempts a broadcaster or other host or carrier of a political communication from liability for
violations of the disclosure requirement and establishes that its provisions do not affect the rights of a
broadcaster or other host or carrier under a federal law intended to protect the rights of a content host
to monitor or limit the content it hosts.
Effective date: March 23, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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