Read the full stored bill text
Wisconsin Legislature: SB938: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB938: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-6147/1
ARG:wlj
2025 SENATE BILL 938
February 6, 2026 - Introduced by Senators
Jacque
and
Wall
, cosponsored by Representatives
Goeben
,
Brill
,
Dittrich
,
Billings
,
Sinicki
,
O'Connor
,
Kreibich
,
Piwowarczyk
,
Behnke
,
Udell
,
Armstrong
,
Fitzgerald
,
Emerson
,
Murphy
,
Knodl
and
Stubbs
. Referred to Committee on Utilities, Technology and Tourism.
SB938,1,3
1
An Act
to create
20.455 (2) (gq), 100.77 and 814.75 (28) of the statutes;
2
relating to:
warning labels for explicit content, creating an explicit content
3
label warning surcharge, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires explicit content distributors to provide prominent, clear, and conspicuous warning labels on explicit content. “Explicit content” is defined in the bill to mean visual, written, or auditory material that is all of the following: 1) intended for an adult audience; 2) lacks serious literary, artistic, political, or scientific value; and 3) depicts or describes sexual conduct in a patently offensive way. A “distributor” is defined as a person that provides, sells, or publishes explicit content for profit or as part of a commercial service. The warning label must use language that is substantially similar to the following: “WARNING
:
This material contains explicit content that may be harmful or offensive. Viewer discretion is advised. Not intended for minors.” For explicit content in print publications, the bill requires distributors to provide the warning label in bold font of at least 20-point size on the cover, the front page, or the packaging of the explicit content. For explicit content on digital platforms, the bill requires distributors to provide the warning label in high-contrast, bolded text and requires that the warning label 1) appear before the user accesses the explicit content and remain visible to the user for at least 10 seconds or until the user acknowledges the warning label through interaction with the digital platform; and 2) occupy at least two-thirds of the user’s screen. In addition, distributors of explicit content on digital platforms must ensure that each piece of explicit content they provide contains in the explicit content’s metadata “WisconsinExplicitContentWarning.”
The Department of Justice must investigate violations of the bill’s provisions, and DOJ may bring an action to recover a forfeiture or for injunctive relief. Before DOJ initiates an action, DOJ must provide the distributor with notice identifying the alleged violation. For an initial violation, a distributor is subject to a forfeiture of up to $2,500, except that, if the distributor cures the violation within 14 days of receiving the DOJ notice, the distributor is subject to a forfeiture of up to $500. For a second or subsequent violation, a distributor is subject to a forfeiture of twice the amount of the forfeiture imposed on the distributor for the most recent prior violation. If a court imposes a forfeiture for a violation, the court must also impose a surcharge in the amount of 50 percent of the amount of the forfeiture. The proceeds of the surcharge are appropriated to DOJ for investigation and enforcement of violations of the bill’s provisions.
The bill also requires DOJ to create a notice form to be used by individuals and organizations to inform distributors of the distributor’s alleged violation of the provisions of the bill. A person who believes a distributor has violated the provisions of the bill may complete this notice-of-violation form and provide it to the distributor and DOJ. DOJ must, within 45 days of receiving the completed form, inform the person whether DOJ will bring an enforcement action against the alleged violator. If DOJ does not bring an enforcement action within 60 days after receiving the completed notice-of-violation form and the distributor has not cured the alleged violation, the person may bring an action against the distributor for damages or injunctive relief or both. If the person prevails, the person is also entitled to an award of court costs and reasonable attorney fees.
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:
SB938,1
1
Section
1
.
20.455 (2) (gq) of the statutes is created to read:
SB938,2,5
2
20.455
(2)
(gq)
Enforcement of explicit content warning label violations;
3
explicit content warning label surcharge.
All moneys received from the explicit
4
content warning label surcharge under s. 100.77 (3) (e) for investigation and
5
enforcement of violations under s. 100.77 (2).
SB938,2
6
Section
2
.
100.77 of the statutes is created to read:
SB938,3,2
1
100.77
Warning labels for explicit content.
(1)
Definitions.
In this
2
section:
SB938,3,4
3
(b) “Digital platform” means a website, application, or electronic service that
4
allows users to access, purchase, or view explicit content.
SB938,3,6
5
(a) “Distributor” means a person that provides, sells, or publishes explicit
6
content for profit or as part of a commercial service.
SB938,3,8
7
(c) “Explicit content” means visual, written, or auditory material that is all of
8
the following:
SB938,3,9
9
1. Intended for an adult audience.
SB938,3,10
10
2. Lacks serious literary, artistic, political, or scientific value.
SB938,3,11
11
3. Depicts or describes sexual conduct in a patently offensive way.
SB938,3,13
12
(d) “Print publication” means any physical publication, including books,
13
magazines, and pamphlets, that contains explicit content.
SB938,3,15
14
(2)
Warning label required.
All distributors must provide a prominent,
15
clear, and conspicuous warning label on explicit content as follows:
SB938,3,17
16
(a) For explicit content the distributor provides, sells, or publishes in a print
17
publication, the warning label is all of the following:
SB938,3,19
18
1. Displayed on the front cover or the first page or, if the print publication is
19
encased in packaging or film, clearly and visibly fixed upon the packaging or film.
SB938,3,20
20
2. In bolded text and Arial font of a minimum size of 20 points.
SB938,3,21
21
3. Includes language that is substantially similar to the following:
SB938,3,23
22
“
WARNING:
This material contains explicit content that may be harmful or
23
offensive. Viewer discretion is advised. Not intended for minors.”
SB938,4,2
1
(b) For explicit content the distributor provides, sells, or publishes on a digital
2
platform, the warning label is all of the following:
SB938,4,3
3
1. It appears to the user before the user accesses the explicit content.
SB938,4,6
4
2. It remains visible to the user for at least 10 seconds or until the user
5
actively acknowledges the warning label through interaction with the digital
6
platform.
SB938,4,8
7
3. It uses bolded text that is in high-contrast with its immediate background
8
and that is in roughly equal size to other displayed text.
SB938,4,10
9
4. It occupies at least two-thirds of the user’s screen, regardless of the type of
10
device, program, or browser used to access the explicit content.
SB938,4,11
11
5. It includes language that is substantially similar to the following:
SB938,4,13
12
“
WARNING:
This material contains explicit content that may be harmful or
13
offensive. Viewer discretion is advised. Not intended for minors.”
SB938,4,16
14
(c) A distributor shall ensure that each piece of explicit content it provides,
15
sells, or publishes on a digital platform contains the text
16
“WisconsinExplicitContentWarning” in the explicit content’s metadata.
SB938,4,20
17
(3)
Notice, enforcement, and penalties.
(a) The department of justice
18
shall enforce this section and investigate alleged violations of sub. (2). Subject to
19
par. (b), the department of justice may bring an action for temporary or permanent
20
injunctive relief or the penalties authorized in pars. (c) and (d).
SB938,4,23
21
(b) At least 14 days before the day on which an action is initiated under par.
22
(a), the department of justice shall provide the distributor with written notice that
23
identifies each alleged violation of sub. (2).
SB938,5,2
1
(c) 1. For an initial violation, a distributor that violates sub. (2) is subject to a
2
forfeiture not to exceed $2,500 for each violation.
SB938,5,5
3
2. Notwithstanding subd. 1., for an initial violation, if a distributor cures a
4
violation of sub. (2) within 14 days of receiving a written notice under par. (b), the
5
distributor shall be subject to a forfeiture not to exceed $500 per cured violation.
SB938,5,8
6
3. For purposes of this paragraph, an initial violation includes all violations
7
that are the subject of the same enforcement proceeding if no enforcement
8
proceeding has previously been brought against the distributor.
SB938,5,13
9
(d) For a 2nd or subsequent violation, a distributor that violates sub. (2) is
10
subject to a forfeiture for each violation of twice the amount of the forfeiture
11
imposed on the distributor for the most recent prior violation. For purposes of this
12
paragraph, the reduction in forfeiture under par. (c) 2. shall be disregarded and the
13
forfeiture for a 2nd violation shall not exceed $5,000 for each violation.
SB938,5,17
14
(e) 1. If a court imposes a forfeiture under par. (c) or (d), the court shall also
15
impose an explicit content warning label surcharge under ch. 814 equal to 50
16
percent of the amount of the forfeiture. If a forfeiture is suspended in whole or in
17
part, the surcharge shall be reduced in proportion to the suspension.
SB938,5,23
18
2. The clerk of the circuit court shall collect and transmit to the county
19
treasurer the surcharge under subd. 1. as required under s. 59.40 (2) (m). The
20
county treasurer shall then pay the secretary of administration as provided in s.
21
59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received
22
under this subdivision in the general fund and shall credit them to the
23
appropriation account under s. 20.455 (2) (gq).
SB938,6,3
24
(4)
Private cause of action.
(a) The department of justice shall create a
1
notice form to be used by individuals and organizations to inform distributors of the
2
distributor’s alleged violation of sub. (2). This paragraph does not grant to the
3
department of justice any rule-making authority.
SB938,6,5
4
(b) 1. The notice form under par. (a) shall include areas for the person
5
completing the form to provide all of the following information:
SB938,6,6
6
a. The name and contact information of the person completing the form.
SB938,6,8
7
b. The name and contact information, to the extent known, of the distributor
8
alleged to be in violation of sub. (2).
SB938,6,9
9
b. The date of each alleged violation of sub. (2).
SB938,6,10
10
c. A description of each alleged violation of sub. (2).
SB938,6,12
11
d. Attachments of any photographs or other documentation depicting each
12
alleged violation of sub. (2).
SB938,6,15
13
e. The person’s signature, the date the notice form is completed, and a
14
certification that the information provided by the person is true and accurate to the
15
best of the person’s knowledge and belief.
SB938,6,16
16
2. The notice form under par. (a) shall also include all of the following:
SB938,6,21
17
a. The statement: “You are receiving this form because the person completing
18
the form has alleged that you are in violation of section 100.77 of the Wisconsin
19
Statutes. This form is also being submitted to the Wisconsin Department of
20
Justice. The Department of Justice or the person completing this form may initiate
21
legal proceedings against you for violations described in this notice.”
Down
Down
/2025/related/proposals/sb938
true
proposaltext
/2025/related/proposals/sb938
proposaltext/2025/REG/SB938
proposaltext/2025/REG/SB938
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
SB938: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting