China became the first country to implement regulations on generative AI models. The recent law passed by China is the world’s earliest and most comprehensive regulation on controlling generative AI tools such as OpenAI’s ChatGPT and many more. On the leadership of the Cyberspace Administration of China, the provisional regulations were jointly published by seven Chinese regulators.

Though the rules “Interim Measures for the Management of Generative Artificial Intelligence Services” (Interim GAI measures) were finalised and published by the Chinese government in July, they came into effect on August 15, and they will apply to all AI content services, including text, pictures, audio and video that are accessible to the Chinese public. The regulations rolled out by the Chinese government aim to address the risks revolving around AI and introduce compliance obligations on firms involved in AI-related businesses.

People’s Republic of China is a step ahead compared to other jurisdictions in AI regulation after offering and implementing a set of AI regulations:

• The Administrative Provisions on Algorithm Recommendation for Internet Information Services or Algorithm Recommendation Regulation (came active on March 1, 2022)
• The Provisions on Management of Deep Synthesis in Internet Information Service or Deep Synthesis Regulation (came active on January 10, 2023)
• The Provisional Provisions on Management of Generative Artificial Intelligence Services or Generative AI Regulation (came active on August 15, 2023)
• The Trial Measures for Ethical Review of Science and Technology Activities or Draft Ethical Review Measure (came active on May 3, 2023)

The different focuses of regulations

As per a Client Alert, the four different focuses of regulations are:

• Algorithm Recommendation Regulation – It focuses on the use of algorithm recommendation technologies, including, among others, generative and synthetic algorithms, to offer internet information services in the PRC.
• The Deep Synthesis Regulation- It focuses on utilising deep synthesis technologies, a subset of generative AI technologies, to provide internet information services in the PRC.
• The Draft Ethical Review Measure- It focuses on the ethical review of, among others, the research and development of AI technologies in the PRC.
• The Generative AI Regulation- It concentrates more broadly on regulating the development and use of all generative AI technologies to provide services in the PRC. Such regulations execute obligations on service providers, technical supporters, users, and certain other entities, including online platforms. Its ultimate aim is to address the menaces related to AI-generated content and protect the PRC’s national and social security.

The purpose 

One of the significant purposes of the Interim GAI Measures is to promote the healthy development and standardised application of generative AI, safeguard the national security and social public interests and protect the legitimate rights and interests of citizens, legal persons and other organisations as per the Chinese laws like Personal Information Protection Law.

Moreover, this Interim GAI measure echoes the efforts of Beijing in addressing the societal complications of generative AI, which is similar to the measures’ following focus on aligning the use of generative AI with “social morality and ethics”. It also emphasises another organising theme by placing “equal importance” on a wide range of priorities that include “development and security”, “law-based governance”, and “promoting innovation”.

• Photo by Alejandro Luengo on Unsplash