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Law / United States / Wisconsin

2023 Wisconsin Act 123, AI-Generated Content Disclosure in Political Communications

Wis. Stat. § 11.1303(2m)

In force since .

An AI transparency rule binding public and private bodies.

Obligation class
Content labelling
Audit expectation
none
Setting the rule reaches
Elections

What it requires

  • Include the words "Contains content generated by AI" at both the beginning and the end of any audio political communication (express advocacy, issue advocacy, or a referendum communication) that contains synthetic media substantially produced by generative artificial intelligence.
  • For a covered video communication, display, throughout the duration of any portion containing synthetic media, a readable, legible, and readily accessible disclosure reading "This video content generated by AI," "This audio content generated by AI," or "This content generated by AI," as applicable.
  • A broadcaster or other host or carrier of such a communication is not liable for a violation unless it is itself the committee responsible for the communication.
  • Complying with this disclosure duty does not exempt you from any other civil or criminal liability, including Wisconsin's separate false political-communication statute.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
NIST AI 600-1
OWASP Agentic Top 10
  • ASI09Human-Agent Trust Exploitation
MIT mitigations Draft
  • 2.4Content Safety Controls
  • 4.6User Rights & Recourse

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

If you get it wrong

Criminal exposureNo

Penalty structure

A forfeiture (a civil penalty under Wisconsin law, not a criminal fine) of not more than $1,000 applies per violation, and only for an intentional violation of the disclosure duty; it is enforced as a forfeiture action under Wis. Stat. § 11.1400(5).

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
1,000

What it makes you log

Logging duty

Section 11.1303(2m) requires an on-screen or spoken disclosure that a political communication contains AI-generated synthetic media. It imposes no duty to create, keep, or produce a log or record of the disclosure or of the underlying communication; the duty to maintain a duplicate record of a committee's own filed statements is a separate Ethics Commission function under section 11.1304.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Every audio communication containing express advocacy, issue advocacy, or support of or opposition to a referendum that contains synthetic media, meaning audio or video content substantially produced in whole or in part by generative artificial intelligence, must include the words "Contains content generated by AI" both at the beginning and at the end of the communication.

Every covered video communication must include, throughout the duration of each portion containing synthetic media, a readable, legible, and readily accessible on-screen disclosure reading "This video content generated by AI," "This audio content generated by AI," or "This content generated by AI," depending on which kind of synthetic media is present.

Compliance does not exempt a person from other civil or criminal liability, including under Wisconsin's separate false political-communication statute, and the provision expressly preserves the immunities of an interactive computer service provider under 47 U.S.C. 230. A broadcaster or other host or carrier of a covered communication is not liable for a violation unless it is itself the committee responsible for the communication.

Created by 2023 Wisconsin Act 123 (2023 Assembly Bill 664), enacted and published ; because the act does not itself prescribe an effective date, it took effect the day after its publication, , under the state's general rule for acts enacted without an emergency clause.

When LexLint raises it

When your app profile says your app generates audio with AI or generates video with AI.

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