MADISON, Wis. (WMTV) – A proposal that would require warning labels on certain explicit content sold commercially is drawing concern from some literacy advocates and booksellers in Wisconsin.
Assembly Bill 961 passed the Wisconsin State Assembly last month on a 61–34 vote after debate among lawmakers over how to address explicit material accessible to children.
During the Feb. 19 Assembly session, lawmakers described the bill as an effort to increase transparency around explicit content.
“Assembly Bill 961 relating warning labels for explicit content creating an explicit content label warning surcharge making appropriation and providing a penalty,” the clerk read as the bill was introduced on the Assembly floor.
Supporters say the proposal is meant to help protect children who may encounter explicit material online or through commercial distributors.
“Protecting children in a digital world that was not built with their safety in mind,” bill author Rep. Joy Goeben said during debate.
Goeben argued that children are increasingly exposed to explicit material at younger ages and said the measure aims to give parents clearer information.
“We have heard stories of kids becoming desensitized, confused about relationships, even developing compulsive viewing habits before they’re old enough to understand what they are seeing,” she said.
Under the proposal, distributors would be required to display a clear warning label when material meets Wisconsin’s legal standard for explicit content.
The bill ties “explicit content” to Wisconsin’s existing legal standard for material considered “harmful to minors,” generally referring to sexual content that appeals to prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value for young readers.
Supporters say those warnings must be clearly visible to consumers.
“It cannot be buried. It cannot be hidden behind a tiny hyperlink. It must be seen,” Goeben said.
After debate, the Assembly approved the bill, sending it to the Wisconsin State Senate for consideration.
But literacy advocates say policies like this raise broader questions about how books and other materials are evaluated.
Rowan Childs, founder of the Madison Reading Project, said organizations focused on literacy pay close attention to legislation affecting access to books.
“As a literacy-based organization, we always look at a lot of different legislation around the state and around the country,” Childs said.
She said proposals involving books often raise concerns about who determines what content is appropriate.
“We always are concerned when people are policing books or policing words,” Childs said. “We always look at who is trying to police books, whether they are for adults or teenagers, kids. That’s always concerning on who is trying to make those rules and what is their background. Are they education-based or not?”
Childs said her organization works to expand access to books for children and families across Dane County by distributing free books and literacy resources.
“We provide lots of free books for kids to keep, their families and educators, all kinds of resources and also all kinds of free events to help kids engage with books and literacy and have a good time,” she said.
Part of that work, Childs said, is making sure children can find books that reflect their own experiences.
“So, the diversification of the books, even just that alone, is really important so that you can see yourself in the cover or you are the main character in the book,” Childs said. “Those are all really important things so that everybody can engage in the books.”
Childs said literacy organizations and booksellers are watching the proposal closely, even if it does not advance this year.
“Rules that are going to go to Wisconsin-based businesses and potentially not national businesses is also a huge concern,” Childs said.
The American Booksellers Association has also raised concerns about the proposal, saying it could create new compliance requirements for bookstores and distributors that would have to determine which materials meet the legal definition of explicit content.
The bill would still need approval from the Senate and the governor before becoming law, but it has not seen recent movement as lawmakers near the end of the current legislative session.
Click here to download the WMTV15 News app or our WMTV15 First Alert weather app.