Here’s our language (link to the bill below) – along with the language from our Amendment.
We worked with our newspaper & cable associations along with MPAA.
The Guv is expected to sign it this week.
Here is the link to AB 664 which shows the bill history, supporting documents and a link to the Senate version.
https://docs.legis.wisconsin.gov/2023/proposals/ab664
Please let me know if you need additional information on AB 664 as amended.
ASSEMBLY SUBSTITUTE AMENDMENT, TO ASSEMBLY BILL 664
AN ACT to amend 11.1303 (title); and to create 11.1303 (2m) of the statutes;
relating to: disclosures regarding content generated by artificial intelligence
in political advertisements, granting rule-making authority, and providing a
penalty.
Analysis by the Legislative Reference Bureau
This bill requires that any audio or video communication make certain
disclosures if the communication
1) is paid for by a candidate committee, legislative
campaign committee, political action committee, independent expenditure
committee, political party, recall committee, or referendum committee with a
contribution or disbursement;
2) contains synthetic media; and
3) contains express advocacy, as defined under current law, or issue advocacy or supports or opposes a
referendum. The bill defines “synthetic media” as audio or video content
substantially produced by means of generative artificial intelligence.
The bill further defines “issue advocacy” as a communication that provides information
about political or social issues and is made to influence the outcome of an election.
Under the bill, every such audio communication must include at both the
beginning and the end of the communication the words “Contains content generated
by AI.”
Similarly, the bill provides that every such video communication must include
throughout the duration of each portion of the communication containing synthetic
media, in writing 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.
The bill imposes a forfeiture of up to $1,000 for each violation of the bill’s
requirements, enforced in the same manner as other similar violations of Wisconsin’s
laws regulating campaigns, and authorizes the Ethics Commission to adopt rules
creating limited exceptions to the bill’s disclosure requirements.
Finally, the bill specifies that no liability for a violation of the bill’s disclosure
requirements shall attach to a broadcaster or other host or carrier of a video or audio
communication and that the bill may not be construed to alter or negate any rights,
obligations, or immunities of a computer service or Internet access provider under
federal law.
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 contributions, disbursements
and communications; synthetic media.
SECTION 2. 11.1303 (2m) of the statutes is created to read:
11.1303 (2m) (a) In this subsection:
- “Issue advocacy” means a communication that provides information about
political or social issues and is made to influence the outcome of an election.
- “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 writing 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 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 media, 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.
SECTION 3.0 Initial 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.
(END)
