Date of enactment: March 21, 2024
2023 Assembly Bill 664 Date of publication*: March 22, 2024
2023 WISCONSIN ACT 123
AN ACT to amend 11.1303 (title); and to create 11.1303 (2m) of the statutes; relating to: disclosures regarding con-
tent generated by artificial intelligence in political advertisements, granting rule−making authority, and providing
a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 11.1303 (title) of the statutes is amended
to read:
11.1303 (title) Attribution of political contribu-
tions, disbursements and communications; synthetic
media.
SECTION 2. 11.1303 (2m) of the statutes is created to
read:
11.1303 (2m) (a) In this subsection:
1. “Issue advocacy” means a communication that
provides information about political or social issues and
is made to influence the outcome of an election.
2. “Synthetic media” means audio or video content
that is substantially produced in whole or in part by
means of generative artificial intelligence.
(b) Every audio communication otherwise described
in sub. (2) (a) or (b) but containing express advocacy or
issue advocacy or supporting or opposing a referendum
and that contains synthetic media shall include both at the
beginning and at the end of the communication the words
“Contains content generated by AI.”
(c) Every video communication otherwise described
in sub. (2) (a) or (b) but containing express advocacy or
issue advocacy or supporting or opposing a referendum
shall include throughout the duration of each portion of
the communication containing synthetic media, in writ-
ing that is readable, legible, and readily accessible, the
words “This video content generated by AI” if the video
includes video synthetic media only, “This audio content
generated by AI” if the video includes audio synthetic
media only, or “This content generated by AI” if the
video includes both video and audio synthetic media.
(d) The commission may promulgate rules imple-
menting 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, includ-
ing 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 media, unless the
person is a committee responsible for the communica-
tion.
* 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
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 123 2023 Assembly Bill 664
(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.
SECTION 3.0Initial applicability.
(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.