(1) No disbursement may be made anonymously and no contribution or disbursement may be made in a fictitious name or by one person or organization in the name of another. (2) (a) Every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, or other communication containing express advocacy or supporting or opposing a referendum which is paid for by any contribution or disbursement shall clearly identify its source. (b) Every communication described under par. (a) the cost of which is paid for or reimbursed by a committee, or for which a committee assumes responsibility, whether by accepting a contribution or making a disbursement, shall identify its source by the words “Paid for by” followed by the name of the committee making the payment or reimbursement or assuming responsibility for the communication and may include the name of the treasurer or other authorized agent of the committee. (c) Every communication for express advocacy the cost of which exceeds $2,500 and is paid for or reimbursed by any person, other than a committee, shall identify its source by the words “Paid for by” followed by the name of the person. (d) In addition to the requirements of pars. (a) to (c), a person required to submit an affirmation under oath, as provided under s. 11.0505 (1) (b) 6., 11.0605 (1) (b) 6., or 11.1001 (1) (b) 6. shall also include the words “Not authorized by any candidate or candidate’s agent or committee” in every communication containing express advocacy. (e) Communications described in pars. (a) to (c) and made by a candidate committee may identify the name of the candidate committee except that no abbreviation may be used to identify the committee. (em) Each printed advertisement, billboard, handbill, paid television or radio advertisement, or other communication made for the purpose of influencing the recall from or retention in office of an individual holding a state or local office shall clearly identify its source in the manner prescribed in pars. (b) and (c). (f) This subsection does not apply to communications containing express advocacy printed on small items on which the information required by this subsection cannot be conveniently printed, including text messages, social media communications, and certain small advertisements on mobile phones. The commission may, by rule, specify small items or other communications to which this subsection shall not apply. (g) The attributions required by this subsection in written communications shall be readable, legible, and readily accessible. (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 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. (3) Whenever any person receives payment from another person, in cash or in-kind, for the direct or indirect cost of conducting a poll concerning support or opposition to a candidate, political party, or referendum, the person conducting the poll shall, upon request of any person who is polled, disclose the name and address of the person making payment for the poll and, in the case of a committee, the name of the treasurer of the committee making payment.
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