An Act to create 20.455 (2) (gq), 100.77 and 814.75 (28) of the statutes; Relating to: warning labels for explicit content, creating an explicit content label warning surcharge, making an appropriation, and providing a penalty. (FE)
Impact
This legislation introduces significant changes to the standards governing the distribution of explicit content in Wisconsin. By imposing mandatory warning labels, AB961 aims to enhance consumer awareness and protect minors from exposure to potentially harmful material. Moreover, it provides regulations on how these labels must be displayed, particularly on digital platforms, where the warnings must occupy a significant portion of the user’s screen before access is granted to the content.
Summary
Assembly Bill 961 (AB961) introduces legislation mandating clear and conspicuous warning labels for explicit content distributed in various formats, including print and digital media. The bill defines 'explicit content' specifically as material intended for adults that lacks serious literary or artistic value and depicts sexual conduct in an offensive manner. Distributors are required to present this warning prominently, with particular font size and visibility requirements to ensure that users are adequately informed before accessing the content.
Contention
However, the bill has raised concerns among various stakeholders regarding its implications for free speech and the potential overreach of government regulation in content distribution. Critics argue that the stringent requirements could unintentionally curb artistic expression and penalize legitimate content creators. Additionally, the enforcement mechanisms, which include substantial fines and a private cause of action for individuals to pursue claims against alleged violators, have sparked debates about their fairness and potential misuse.
Enforcement
To enforce compliance, the Department of Justice is tasked with investigating violations of the law and can impose penalties that escalate with subsequent offenses. The initial penalty for non-compliance is set at $2,500, but distributors may reduce this to $500 if they rectify the violation within a specified time frame. The bill also features a provision allowing individuals to report violations, further amplifying the law's reach and the potential for legal disputes over explicit content distribution.
Crossfiled
Warning labels for explicit content, creating an explicit content label warning surcharge, making an appropriation, and providing a penalty. (FE)
Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning mandating that the general assembly require distributors of pornographic material to verify that recipients of the pornograph...
AN ACT to create and enact a new subsection to section 12.1-27.1-01 and two new sections to chapter 12.1-27.1 of the North Dakota Century Code, relating to the definition of a public library, required safety policies and technology protection measures, and the state's attorney's review of public libraries, school districts, and state agencies for compliance with statutes protecting minors from explicit sexual material; to amend and reenact subsection 5 of section 12.1-27.1-01, subsection 2 of section 12.1-27.1-03.1, and sections 12.1-27.1-03.5 and 12.1-27.1-11 of the North Dakota Century Code, relating to obscenity control; to provide for a report to the legislative management; and to provide a penalty.