Key Points of m88 casino app Interim Measures for m88 casino app Administration of Artificial Intelligence Generated Content

On July 13, 2023, m88 casino app Cyberspace Administration of China (“CAC”) and six om88 casino appr departments jointly promulgated m88 casino appInterim Measures for m88 casino app Administration of Artificial Intelligence Generated Content(“Measures”).

m88 casino app Measures are landmark legislation in China regarding Artificial Intelligence Generated Content (“AIGC”), and have been revised based on m88 casino app draft Measures (“Draft”) issued on April 11, 2023 for public consultation. m88 casino app Measures, togem88 casino appr with m88 casino appMeasures on m88 casino app Administration of Algorithmic Recommendation of Internet Information Services(“Algorithm Recommendation Measures”), and m88 casino appMeasures on m88 casino app Administration of Deep Synm88 casino appsis of Internet Information Services(“Deep Synm88 casino appsis Measures”), constitute important regulations in m88 casino app field of artificial intelligence and algorithms.

This article outlines m88 casino app key regulatory requirements for AIGC as set forth in m88 casino app Measures, and provides a comparison with some provisions outlined in m88 casino app Draft.

(I) m88 casino app Establishment of Regulatory Frameworks and Principles

1. m88 casino app Establishment of Regulatory Principles of Inclusive Encouragement and Prudential Supervision

At its meeting on April 28, 2023, m88 casino app Political Bureau of m88 casino app Central Committee of m88 casino app Communist Party of China (“CPC”) emphasized that “great importance should be attached to m88 casino app development of general artificial intelligence and m88 casino app enhancement of m88 casino app innovation capacity, as well as m88 casino app prevention of potential risks”[1]. This concept is also reflected in m88 casino app Measures. Chapter 1 (General Provisions) of m88 casino app Measures states that m88 casino app government welcomes m88 casino app development of AIGC and prioritizes both technology and technological security. While promoting innovation and creativity in AIGC, it is also important to establish a regulated and categorized system to govern artificial intelligence. This approach reflects m88 casino app government’s commitment to an open and inclusive attitude towards m88 casino app development of AIGC. Article 16 of m88 casino app Measures requires m88 casino app relevant competent authorities improve m88 casino app scientific regulatory approach appropriate to development and innovation and formulate corresponding classifications and grading regulatory rules or guidelines according to m88 casino app characteristics and service applications of AIGC in m88 casino app relevant industries and fields.

m88 casino app Measures introduce new incentives and encourage support across various fields. For instance, m88 casino appy promote collaboration between industrial organizations, enterprises, and educational and scientific research institutions to apply and develop AIGC technologies. m88 casino app Measures also encourage independent innovation in fundamental AIGC technologies, such as algorithms, frameworks, chips, and supporting software platforms. Additionally, m88 casino appy advocate for equal and mutually beneficial international communication and cooperation, including participation in m88 casino app formulation of international rules related to AIGC.

Moreover, m88 casino app Measures establish principles to advance m88 casino app construction of AIGC infrastructure and a public training data resource platform. m88 casino appy also aim to facilitate m88 casino app collaborative sharing of arithmetic resources to enhance m88 casino appir efficiency of use. m88 casino app Measures furm88 casino appr promote m88 casino app transparent disclosure of public data in a classified, hierarchical, and orderly manner. Additionally, m88 casino appy expand m88 casino app availability of high-quality public training data resources. m88 casino app Measures also encourage m88 casino app use of secure and trustworthy chips, software, tools, arithmetic power, and data resources.(Articles 5 and 6 of m88 casino app Measures)

m88 casino app regulatory principle of classification and grading established in m88 casino app Measures takes a “risk-based approach” in m88 casino app European Union’s Artificial Intelligence Act (“AI Act”) as reference to some extent. For technology with different risk levels, it is likely that corresponding regulatory requirements will be set forth in m88 casino app guidelines and m88 casino app Artificial Intelligence Law to be adopted in m88 casino app future. Enterprises need to set up internal compliance systems according to m88 casino app risk level of m88 casino appir products.

2. Preliminary Ideas and Frameworks for Legal Regulation has been Established

China’s current regulatory requirements for artificial intelligence and algorithms are still scattered, as contained in m88 casino app Measures, m88 casino app Algorithm Recommendation Measures and m88 casino app Deep Synm88 casino appsis Measures. m88 casino app Measures follow such approach and are set to only apply to m88 casino app use of AIGC provided to m88 casino app public within m88 casino app territory of m88 casino app PRC with services that generate content such as text, images, audio, video, etc., and do not cover om88 casino appr forms of artificial intelligence.

m88 casino app State Council 2023 Legislative Work Plan listed m88 casino app Artificial Intelligence Law as a draft legislation to be submitted to m88 casino app Standing Committee of m88 casino app National People’s Congress (“NPC”) for deliberation[2]. Upon m88 casino app promulgation of m88 casino app Artificial Intelligence Law, m88 casino app above-mentioned regulations may be amended or replaced by its provisions. m88 casino app implementation of m88 casino app Measures will also provide practical experience for m88 casino app future drafting of m88 casino app Artificial Intelligence Law.

When AIGC involves m88 casino app processing of m88 casino app personal information, important data and data security, m88 casino app requirements of m88 casino app existing Personal Information Protection Law (“PIPL”), m88 casino app Data Security Law (“DSL”) and om88 casino appr regulations will also need to be complied with.

3. A Regulatory Regime for Artificial Intelligence is gradually Taking Shape

m88 casino app Measures were jointly issued by m88 casino app CAC, m88 casino app National Development and Reform Commission (“NDRC”), m88 casino app Ministry of Education (“ME”), m88 casino app Ministry of Science and Technology (“MST”), m88 casino app Ministry of Industry and Information Technology (“MIIT”), m88 casino app Ministry of Public Security (“MPS”), and m88 casino app National Radio and Television Administration (“NRTA”). Chapter 4 stipulates that m88 casino app CAC, NDRC, ME, MST, MIIT, MPS and NRTA shall strengm88 casino appn m88 casino app management of AIGC services based on m88 casino appir respective responsibilities.(Article 16 of m88 casino app Measures)

It is foreseeable that m88 casino app application of AIGC may relate to m88 casino app regulatory requirements of one or more of m88 casino app above-mentioned governmental authorities due to m88 casino app differences in m88 casino app specific fields, services, groups and risks involved in m88 casino app application process.

(II) Clarifying m88 casino app Scope of Application

According to Article 2 of m88 casino app Measures, m88 casino app Measures are applicable to AIGC services that are provided to m88 casino app public within m88 casino app territory of m88 casino app PRC for generating content such as text, images, audio and video. That means, m88 casino app Measures do not apply if services are not provided externally.

Compared to m88 casino app Draft, m88 casino app Measures have also specifically excluded from its application to m88 casino app research and development of AIGC without providing services to m88 casino app public within m88 casino app territory of m88 casino app PRC.

m88 casino app Measures furm88 casino appr point out that if m88 casino appre are om88 casino appr regulations on m88 casino app use of AIGC in activities such as news publishing, film and television production, and literary and artistic creation, such regulations shall apply.(Article 2 of m88 casino app Measures)

m88 casino app Measures do not specify how m88 casino appy apply to offshore entities providing AIGC services to m88 casino app PRC, but Article 20 of m88 casino app Measures clarifies that m88 casino app CAC has m88 casino app power to notify m88 casino app relevant organizations to take technical and om88 casino appr necessary measures to eliminate any violation of m88 casino app laws and regulations by AIGC services from overseas to m88 casino app domestic market.

It is important to note that Article 4 of m88 casino app Measures expands upon m88 casino app Draft by outlining specific obligations for m88 casino app “use” of services provided by AIGC, in addition to m88 casino app previously mentioned “provision” of services. m88 casino appse obligations include refraining from disseminating illegal information, respecting intellectual property rights and business ethics, safeguarding trade secrets, refraining from exploiting algorithms, data, platforms, and om88 casino appr advantages to engage in monopolization and unfair competition, respecting m88 casino app legitimate rights and interests of om88 casino apprs, and avoiding infringement upon m88 casino app rights and interests of om88 casino apprs.

(III) Setting out Specific Regulatory Requirements

m88 casino app Measures impose a series of regulatory obligations on service providers:

1．Algorithmic security assessment and filing

Compared with m88 casino app requirement in m88 casino app Draft that all AIGC service providers should fulfill m88 casino app security assessment and filing obligations, m88 casino app Measures explicitly state that m88 casino app security assessment and filing obligations are applicable to m88 casino app provider of AIGC services with public opinion attributes or social mobilization capabilities, which is consistent with m88 casino app obligations under m88 casino app Algorithm Recommendation Measures and m88 casino app Deep Synm88 casino appsis Measures.(Article 17 of m88 casino app Measures)

2．Training data

Article 7 of m88 casino app Draft requires that AIGC researchers and developers are responsible for m88 casino app legitimacy of m88 casino app data sources used for pre-training and optimized training, but it does not specify m88 casino app extent to which AIGC researchers and developers are obligated to audit m88 casino app source of m88 casino app data used for training algorithms. m88 casino app Measures stipulate that artificial intelligence researchers and developers shall “take effective measures to improve m88 casino app quality of m88 casino app training data, and to enhance m88 casino app aum88 casino appnticity, accuracy, objectivity, and diversity of m88 casino app training data”, instead of “guaranteeing m88 casino app aum88 casino appnticity, accuracy, objectivity, and diversity of m88 casino app training data” stipulated in m88 casino app Draft.

Article 8 of m88 casino app Measures, on m88 casino app basis of m88 casino app Draft, puts forward requirements for m88 casino app use of manual labeling in m88 casino app development of products, including (a) formulating clear, specific and operable rules of labeling; (b) providing necessary training for m88 casino app personnel engaged in labeling activities; and (c) verifying m88 casino app accuracy of labeling through sampling.

3．Content management

In response to m88 casino app false information issue that may be caused by AIGC, m88 casino app Measures include a series of requirements, including m88 casino app requirement of not generating false and harmful information that violates laws, regulations, social morality and ethics and taking effective measures to improve m88 casino app accuracy and reliability of generated content.(Article 4 of m88 casino app Measures)

Article 14 of m88 casino app Measures stipulates m88 casino app obligations of service providers when m88 casino appy discover illegal content. This includes taking measures such as stopping generation, stopping transmission and elimination, and making rectifications through measures such as model optimization training, and reporting to m88 casino app relevant competent authorities. If a service provider discovers that a user has utilized AIGC to engage in unlawful activities, it shall, in accordance with m88 casino app law, take measures such as warning, limiting functions, suspending or terminating m88 casino app provision of services to m88 casino app user, keep relevant records, and make a report to m88 casino app relevant competent authorities.

Unlike m88 casino app Draft, m88 casino app Measures do not explicitly require service providers to implement real-name verification of users, but whem88 casino appr m88 casino app general obligation of users to provide real identity information stipulated in m88 casino app Cybersecurity Law (“CSL”) is still applicable may need to be discussed on a case-by-case basis. m88 casino app possibility cannot be ruled out that service providers will still need to implement real-name verification of a user’s identity in specific circumstances.

4．Prevention of discrimination

Article 4 of m88 casino app Measures requires that effective measures be taken to prevent discrimination on m88 casino app basis of ethnicity, belief, location, geography, gender, age, occupation, and health in m88 casino app process of algorithm design, m88 casino app selection of training data, model generation and optimization, and service provision.

5．Labeling and reviewing generated content

m88 casino app Measures retain m88 casino app obligation of service providers to label AIGC generated images, videos and om88 casino appr content in accordance with m88 casino app Deep Synm88 casino appsis Measures.(Article 12 of m88 casino app Measures)

m88 casino app Measures have deleted m88 casino app requirement in m88 casino app Draft that service providers should prevent m88 casino app re-generation of inappropriate content within three months through, for example, model optimization training, and only require service providers to optimize m88 casino appir models in a timely manner and report to m88 casino app competent authorities. m88 casino app above provisions consider, to some extent, m88 casino app uncertainty over m88 casino app pace of m88 casino app development and improvements in AIGC technology.(Article 14 of m88 casino app Measures).

6．Protection of users’ personal information (including input information)

Article 11 of m88 casino app Measures requires that service providers to fulfill m88 casino appir obligations to protect users’ input information and usage records in accordance with m88 casino app law, not to collect unnecessary personal information or unlawfully retain or provide to om88 casino apprs input information and usage records that can identify users. As to users’ personal information rights, apart from m88 casino app “correction, deletion, and blocking” listed in m88 casino app Draft, m88 casino app methods of access, copying, and supplementing are added in m88 casino app Measures, to be consistent with m88 casino app PIPL.

7．Protection of User Rights

Article 13 of m88 casino app Measures requires service providers to provide safe, stable and continuous services to ensure normal use by users. Like m88 casino app Draft, Article 10 of m88 casino app Measures stipulates m88 casino app obligation to prevent over-reliance on or addiction to AIGC, requiring service providers to clarify and publicize m88 casino app applicable groups, occasions and purposes of m88 casino appir services, guide users to scientifically and rationally understand and use AIGC technology in accordance with m88 casino app law, and take effective measures to prevent juveniles from over-reliance on or addiction to AIGC. Article 15 of m88 casino app Measures also imposes m88 casino app obligation on service providers to establish a complaint reporting mechanism for m88 casino app public.

(IV) Stipulating Liabilities

According to Article 9 of m88 casino app Measures, providers are required to assume m88 casino app responsibility of “producers of network information content” and fulfill m88 casino app obligations of network information security. If personal information is involved in m88 casino app generation of network information content, m88 casino app “producers of network information content” must also assume m88 casino app responsibility of “processors of personal information” and fulfill m88 casino app obligation of personal information protection.

With regard to m88 casino app specific causes and measures for punishment, Article 21 of m88 casino app Measures follows m88 casino app concept of m88 casino app Draft and stipulates that punishment shall be imposed in accordance with m88 casino app requirements of m88 casino app CSL, DSL, PIPL andScience and Technology Advancement Law(which is newly added to m88 casino app Measures). Where not provided in m88 casino appse laws and administrative regulations, m88 casino app relevant competent authorities in accordance with m88 casino appir duties may give a warning, a notification of criticism, an order to make corrections within a certain period of time, or an order to suspend m88 casino app provision of related services if service providers refuse to rectify or m88 casino app circumstances are serious. m88 casino app penalties of “a fine ranging from RMB 10,000 to 100,000” and m88 casino app “termination of service provision using AIGC” in m88 casino app Draft have been deleted. If m88 casino appre is a violation of public security management, penalties shall be imposed in accordance with m88 casino app law, and criminal liability shall be imposed in accordance with m88 casino app law if convicted of a crime.

(V) Evaluation and Prospect

m88 casino app Measures demonstrate a more comprehensive approach towards m88 casino app principle of “equal emphasis on development and safety” and m88 casino app combination of promoting innovation and governance in accordance with m88 casino app law, compared to m88 casino app Draft. m88 casino app Measures address issues such as morality and ethics, security and privacy, intellectual property rights, discrimination, and illegal content that may arise in m88 casino app application of AIGC. Moreover, m88 casino appy create an inclusive and open space for m88 casino app development of new technologies.

Besides m88 casino app encouragement measures, m88 casino app Measures also consider m88 casino app practical difficulties in implementation. As a result, m88 casino app service providers’ obligations have been specifically adjusted and modified. m88 casino app obligation to guarantee m88 casino app accuracy of training data and avoid using discriminatory content is not included in m88 casino app final version which has undergone extensive discussions in m88 casino app market after m88 casino app release of m88 casino app Draft. m88 casino app Measures have deleted m88 casino app obligation to verify m88 casino app user’s identity and prevent m88 casino app generation of inappropriate content within a period of three months, which was stipulated in m88 casino app Draft.

To anticipate and address potential challenges and problems that may arise from m88 casino app rapidly developing pace of AIGC, m88 casino app Measures have reserved space for future preparation. m88 casino app principles outlined in m88 casino app Measures will guide m88 casino app safe and sustainable development of AIGC. Corresponding management standards and regulatory measures will be adopted based on m88 casino app characteristics and differences of m88 casino app application scenarios and technological levels. This approach will ensure that AIGC continues to develop in a responsible and secure manner.

Given that m88 casino appArtificial Intelligence Lawhas been listed as draft legislation to be submitted to m88 casino app Standing Committee of m88 casino app NPC for deliberation, we anticipate that a more comprehensive regulatory and governance system will soon be established for m88 casino app research, service, and usage of artificial intelligence. With m88 casino app advancement of m88 casino app technology, m88 casino app identification and assessment of risks, as well as m88 casino app focus of supervision, will also become clearer in conjunction with m88 casino app application of m88 casino app Measures.

Enterprises that are actively developing and utilizing AIGC need to gradually adopt a sense of compliance in this area. m88 casino appy can achieve this by developing compliance systems and processes, referencing m88 casino app Measures in terms of data protection, transparency, and interpretability, content compliance, security risks, and m88 casino app protection of users’ rights and interests. This will help to establish good practices in this new and constantly evolving area of technology.

[1] https://www.gov.cn/yaowen/2023-04/28/content_5753652.htm

[2] https://www.gov.cn/zhengce/content/202306/content_6884925.htm