Wisconsin AB 961/SB 938

This legislation requires distributors of explicit content to display prominent warning labels on their materials that say, “WARNING: This material contains explicit content that may be harmful or offensive. Viewer discretion is advised. Not intended for minors.”

Digital platforms must present the warning before access is granted, keep it visible for at least 10 seconds or until acknowledged, occupy at least two-thirds of the screen, and use high-contrast, bolded text.

For digital content specifically, distributors must also embed the text "WisconsinExplicitContentWarning" in each piece of content's metadata.

For print publications, the warning must be in bold, at least 20-point Arial font, and placed on the cover, front page, or packaging.

Both private citizens and the Wisconsin Department of Justice may initiate legal action against companies not in compliance.

• DOJ must give 14 days' written notice before initiating any action
• Initial violation: Up to $2,500 per violation; reduced to $500 if cured within 14 days of notice
• Repeat violations: Double the most recent prior forfeiture (second violation capped at $5,000)
• Surcharge: Courts must add a surcharge equal to 50% of any forfeiture, which goes to fund DOJ enforcement
• If DOJ doesn't act within 60 days of receiving a complaint, private individuals or organizations can sue the distributor for damages, injunctive relief, or both, plus attorney fees and court costs. DOJ must create a standardized notice form for this purpose.