SB 644 — Relating to: disclosures regarding content generated by artificial intelligence in political advertisements, granting rule-making authority, and providing a penalty. (FE)

- 2024 LEGISLATURE LRBa1069/1LRB-5001/1 MPG:cjs&skwMPG:skw&wlj SENATE AMENDMENTBILL 1,644 TONovember SENATE7, BILL2023 644- FebruaryIntroduced 6,by 2024Senators -Q OfferedUINN, SPREITZER, ABRAL-G UEVARA, F EYEN, HESSELBEINand L ARSON, cosponsored by SenatorRepresentatives UINN.EYLON , C.

AtA theNDERSON locations, indicated,. amend the bill as follows:

1.ANDERSON , ARMSTRONG , B ARE, BEHNKE , CONLEY, CONSIDINE, D ITTRIC, EMERSON , GOEBEN , GUNDRUM , OERS, K ITCHENS, KRUG, M URSAU, O C ONNOR, PALMERI, RETTINGER, RIEMER, SCHRAA, SNODGRASS , NYDER , ITTL and W ICHGERS.

PageReferred 3,to lineCommittee 4:on Shared Revenue, Elections and Consumer Protection.

afterA thatN lineA insert:CT to amend 11.1303 (title);

“(g)and No liability for a violation of this subsection shall attach to anycreate person11.1303 who(2m) is a broadcaster or other host or carrier of athe videostatutes; or audio communication described in sub.

(2)relating (a)to: or (b) that contains synthetic media, unless the person is a committee responsible for the communication.

(h)disclosures Thisregarding subsectioncontent maygenerated notby beartificial construedintelligence toin alterpolitical oradvertisements, negategranting anyrule-making rights,authority, obligations,and orproviding immunities of a providerpenalty. of an interactive computer service under 47 USC 230.”.

Analysis by the Legislative Reference Bureau This bill requires that any audio or video communication that 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 make certain disclosures if the communication contains synthetic media.

The bill defines “synthetic media” as audio or video content substantially produced by means of generative artificial intelligence.

Under the bill, every audio communication paid for with a contribution or disbursement that contains synthetic media 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 video communication paid for with a contribution or disbursement 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.

- 2024 Legislature - 2 - LRB-5001/1 MPG:skw&wlj SENATE BILL 644 The bill imposes a forfeiture of up to $1,000 for each violation of the bill's requirements and authorizes the Ethics Commission to adopt rules creating limited exceptions to those requirements.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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, “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 described in sub.

(2) (a) or (b) 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 described in sub.

(2) (a) or (b) 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 pars.

(a), (b), and (c).

The rules may include limited exceptions to the requirements under this subsection.

LRB-5001/1 - 2024 Legislature - 3 - MPG:skw&wlj SECTION 2 SENATE BILL 644 (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.

(a), (b), or (c) shall be subject to a forfeiture not to exceed $1,000 for each violation.

SECTION 3.Initial applicability.

(1) This act first applies to a communication described in s.

11.1303 (2) (a) or (b) that is created on the effective date of this subsection.