| 4 | 4 | | AN ACT to amend 11.1303 (title); and to create 11.1303 (2m) of the statutes; relating to: disclosures regarding con- |
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| 5 | 5 | | tent generated by artificial intelligence in political advertisements, granting rule−making authority, and providing |
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| 6 | 6 | | a penalty. |
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| 7 | 7 | | The people of the state of Wisconsin, represented in |
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| 8 | 8 | | senate and assembly, do enact as follows: |
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| 9 | 9 | | SECTION 1. 11.1303 (title) of the statutes is amended |
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| 10 | 10 | | to read: |
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| 11 | 11 | | 11.1303 (title) Attribution of political contribu- |
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| 12 | 12 | | tions, disbursements and communications; synthetic |
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| 13 | 13 | | media. |
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| 14 | 14 | | SECTION 2. 11.1303 (2m) of the statutes is created to |
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| 15 | 15 | | read: |
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| 16 | 16 | | 11.1303 (2m) (a) In this subsection: |
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| 17 | 17 | | 1. “Issue advocacy” means a communication that |
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| 18 | 18 | | provides information about political or social issues and |
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| 19 | 19 | | is made to influence the outcome of an election. |
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| 20 | 20 | | 2. “Synthetic media” means audio or video content |
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| 21 | 21 | | that is substantially produced in whole or in part by |
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| 22 | 22 | | means of generative artificial intelligence. |
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| 23 | 23 | | (b) Every audio communication otherwise described |
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| 24 | 24 | | in sub. (2) (a) or (b) but containing express advocacy or |
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| 25 | 25 | | issue advocacy or supporting or opposing a referendum |
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| 26 | 26 | | and that contains synthetic media shall include both at the |
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| 27 | 27 | | beginning and at the end of the communication the words |
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| 28 | 28 | | “Contains content generated by AI.” |
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| 29 | 29 | | (c) Every video communication otherwise described |
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| 30 | 30 | | in sub. (2) (a) or (b) but containing express advocacy or |
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| 31 | 31 | | issue advocacy or supporting or opposing a referendum |
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| 32 | 32 | | shall include throughout the duration of each portion of |
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| 33 | 33 | | the communication containing synthetic media, in writ- |
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| 34 | 34 | | ing that is readable, legible, and readily accessible, the |
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| 35 | 35 | | words “This video content generated by AI” if the video |
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| 36 | 36 | | includes video synthetic media only, “This audio content |
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| 37 | 37 | | generated by AI” if the video includes audio synthetic |
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| 38 | 38 | | media only, or “This content generated by AI” if the |
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| 39 | 39 | | video includes both video and audio synthetic media. |
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| 40 | 40 | | (d) The commission may promulgate rules imple- |
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| 41 | 41 | | menting this subsection. The rules may include limited |
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| 42 | 42 | | exceptions to the requirements under pars. (b) and (c). |
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| 43 | 43 | | (e) Compliance with this subsection does not create |
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| 44 | 44 | | an exemption from any civil or criminal liability, includ- |
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| 45 | 45 | | ing for violations of s. 12.05. |
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| 46 | 46 | | (f) Notwithstanding s. 11.1401 (1) (b), whoever |
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| 47 | 47 | | intentionally violates par. (b) or (c) shall be subject to a |
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| 48 | 48 | | forfeiture not to exceed $1,000 for each violation. Any |
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| 49 | 49 | | violation of par. (b) or (c) shall be enforced as provided |
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| 50 | 50 | | under s. 11.1400 (5). |
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| 51 | 51 | | (g) No liability for a violation of this subsection shall |
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| 52 | 52 | | attach to any person who is a broadcaster or other host or |
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| 53 | 53 | | carrier of a video or audio communication described in |
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| 54 | 54 | | sub. (2) (a) or (b) that contains synthetic media, unless the |
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| 55 | 55 | | person is a committee responsible for the communica- |
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| 56 | 56 | | tion. |
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| 57 | 57 | | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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