Assembly Bill 961 mandates that distributors of explicit content provide clear and prominent warning labels on their materials. Explicit content is defined as visual, written, or auditory material intended for adults, lacking serious literary, artistic, political, or scientific value, and depicting sexual conduct in a patently offensive manner. The bill specifies that for print publications, the warning label must be in bold font of at least 20-point size, while for digital platforms, it must be displayed in high-contrast, bolded text, occupying at least two-thirds of the user's screen and remaining visible for at least 10 seconds. Additionally, each piece of digital explicit content must include the text "WisconsinExplicitContentWarning" in its metadata.
The bill also establishes enforcement mechanisms through the Department of Justice (DOJ), which is tasked with investigating violations and may impose forfeitures for non-compliance. Initial violations can incur fines up to $2,500, which can be reduced to $500 if the violation is cured within 14 days of notice. Subsequent violations carry higher penalties. A surcharge of 50% of the forfeiture amount is also imposed, with proceeds allocated to the DOJ for enforcement purposes. Furthermore, individuals can file a notice of violation with the DOJ, and if no action is taken within a specified timeframe, they may pursue legal action against the distributor for damages or injunctive relief.