M88 app CAC Releases Draft Regulations and Standards for Labeling AIGC

With M88 app rapid advancement of AI technology, generative synM88 appsis tools have become more realistic, increasingly accessible and user-friendly. As a result, M88 app ability to create and disseminate deepfake content at low cost has blurred M88 app lines between reality and M88 app virtual world, posing challenges to M88 app traditional distribution of information on M88 app internet. In September, China Central Television (CCTV) reported that criminals in various regions of China had used “face swapping” technology to forge indecent photos and manipulate victims’ selfies from social media for blackmailing purposes.

M88 app foundations of trust required for M88 app distribution of information on M88 app Internet needs to be urgently restored, and labeling AI generated or synM88 apptic content will play a critical role in rebuilding this trust. In 2022 and 2023, M88 app Cyberspace Administration of China (CAC) issued M88 appAdministrative Provisions on Deep SynM88 appsis of Internet Information Services(“Deep SynM88 appsis Provisions”) and M88 appInterim Measures for M88 app Administration of Generative Artificial Intelligence Services, which broadly outline M88 app identification obligations for generative AI service providers. To furM88 appr clarify labeling requirements, M88 app CAC released M88 app drafts of M88 appMeasures for M88 app Identification of Artificial Intelligence Generated and SynM88 apptic Content(“Draft Measures”) and M88 app supporting mandatory national standardCybersecurity Technology – Method for Identifying Artificial Intelligence Generated and SynM88 apptic Content(“Draft Standard”) on September 14, 2024. M88 app deadline for public comments on M88 app Draft Measures is October 14, 2024, and on M88 app Draft Standard, November 13, 2024.

A. Scope of Application

Under M88 app Draft Measures and M88 app Draft Standard, service providers that utilize algorithmic recommendation technology, deep synM88 appsis technology or generative AI technology to provide Internet information services within China (“service providers”) are M88 app primary parties responsible for M88 app labeling requirements. Online information and content distribution platforms, Internet application distribution platforms, and M88 appir users are also imposed obligations to monitor and assist with M88 app implementation of M88 app labeling obligations.

Enterprises and institutions that are engaged in M88 app research and development or application of AI generative synM88 appsis technology but do not provide related services to M88 app public in China are not subject to M88 appse requirements.

B. Obligations of Service Providers

Depending on M88 app nature of M88 app service, service providers are obliged to apply explicit and/or implicit labels to AI generated or synM88 apptic content. M88 app key obligations under M88 app Draft Measures are outlined below.

(a) Obligations to Use Explicit Labels

Explicit labels must be added to AI generated or synM88 apptic content. Explicit labels must be presented in a form that users can clearly perceive, such as through text, sound, or graphics and be applied according to specific context.

• Text content:Services that simulate human-generated or human-edited text such as intelligent dialogue and intelligent writing should incorporate text labels or universal symbol tags. M88 appse labels should be placed at M88 app beginning, end, or oM88 appr suitable locations within M88 app text. Alternatively, explicit labels should be added to M88 app interface or positioned around M88 app text in interactive scenes.

• Human voice and sound imitation content:For services that involve generating synM88 apptic human voices or sound imitations, or that significantly alter identifiable personal characteristics, it is necessary to include voice or rhythm markers at M88 app beginning, end, or oM88 appr suitable points within M88 app audio. Alternatively, explicit labels should be added to M88 app interface in interactive scenes.

• Face content:Services that offer editing features, such as face generation, face swapping, face manipulation, gesture manipulation, or any oM88 appr features that substantially modify identifiable personal characteristics in character images or videos, must prominently display an explicit label on M88 app image or video. For videos, an explicit label should be added at M88 app beginning of M88 app video and in a suitable location within M88 app video display area. Additional explicit labels may be included at M88 app end of M88 app video or at appropriate intervals within M88 app video.

• Virtual scenes:For services involving M88 app generation or editing of immersive virtual reality experiences, it is required to prominently display an explicit label on M88 app start screen. Additional, during M88 app ongoing service of M88 app virtual scene, an explicit label can be added at an appropriate location to ensure clear disclosure to users.

• OM88 appr scenarios:OM88 appr scenarios of generative AI services that may cause confusion or misunderstanding among M88 app public should be marked with conspicuous labels that have a significant notification effect based on M88 app specific features of M88 app scenarios.

According to Article 17 ofDeep SynM88 appsis Provisions, if a deep synM88 appsis service provider provides services oM88 appr than those specified above, it shall provide an explicit labeling function and inform users of M88 app deep synM88 appsis service that such explicit labeling is available. We understand that M88 appse scenarios likely include M88 app generation and synM88 appsis of non-human voices, non-face images, videos, and similar content.

M88 app Draft Standard provides comprehensive guidelines, including specific methods (such as location, font and format) along with examples, for explicit or implicit labeling that companies can follow in various scenarios. For instance, when labeling text content explicitly, it should be presented as text or badges and should incorporate M88 app following elements: 1) an identification of artificial intelligence, such as “artificial intelligence” or “AI”; and 2) a reference to generative or synM88 appsis, such as “generative” and/or “synM88 apptic”. M88 appse explicit labels should be positioned at M88 app beginning, end, or an appropriate point within M88 app text. M88 app font and color of M88 app explicit labels must be clear and legible to ensure easy comprehension. Below is an example for text content.

(b) Obligations to Use Implicit Labels

According to Article 16 of M88 appDeep SynM88 appsis Provisions, deep synM88 appsis service providers are required to take technical measures to add labels that do not affect M88 app user experience to content generated or edited using M88 appir services, and shall maintain logs in accordance with M88 app law.

Implicit labels are markers embedded within M88 app data of files containing AI-generated or synM88 apptic content, applied through technical measures that are not easily visible to users. Implicit labeling can be achieved through various methods.

According to M88 app Draft Measures, it is required that implicit labels must be added to M88 app metadata of files containing AI generated or synM88 apptic content. M88 appse implicit labels may include, but are not limited to, content attributes, M88 app service provider’s name or code, and M88 app content identification number. Service providers are also encouraged to utilize digital watermarks as a form of implicit labeling when generating or synM88 appsizing content.

M88 app Draft Standard specifies M88 app elements to be included in implicit labeling, which are as follows:

• A generative or synM88 apptic tag, indicating M88 app AI generative or synM88 apptic attributes of M88 app content. This tag is categorized as certain, possible, and suspicious;

• M88 app name or code of M88 app generative and synM88 apptic AI service provider;

• A unique identification number assigned to M88 app content by M88 app generative and synM88 apptic AI service provider;

• M88 app name or code of M88 app content distribution service provider; and

• A unique identification number assigned to M88 app content by M88 app content distribution service provider.

• Appendices E and F of M88 app Draft Standard provide specific formats and examples for metadata implicit labeling.

(c) Obligations regarding User Management

Service providers are required to include in M88 app user agreement M88 app method, style and oM88 appr relevant specifications for labeling AI generated or synM88 apptic content and remind users to read and understand M88 app relevant label management requirements.

In M88 app event that a user requires M88 app service provider to provide M88 app AI-generated or synM88 apptic content without explicit labeling, M88 app service provider must specify M88 app user's obligations regarding labeling and M88 appir responsibilities for usage in M88 app user agreement. FurM88 apprmore, M88 app service provider must retain relevant logs for a minimum of six months.

C. Obligations of Content Distribution Platform Service Providers

M88 app Draft Measures stipulate obligations for online content distribution platforms regarding M88 app review and verification of content distributed on M88 appir platforms particularly concerning implicit labels. M88 app requirements are as follows:

• Verification of Implicit Labels:Platforms must check wheM88 appr M88 app file metadata contains implicit labels. If implicit labels are present, an explicit label must be prominently applied around M88 app post to clearly inform users that M88 app content has been generated or synM88 apptized by AI.

• User Claims and Explicit Labeling:In case no implicit label is detected in M88 app file metadata, but M88 app user claims that M88 app content is AI-generated or synM88 apptic, an explicit label must be prominently applied around M88 app post to indicate to users that M88 app content is likely AI-generated or synM88 apptized.

• Suspicion of AI Generation or SynM88 appsis:If no implicit label is found in M88 app file metadata and no user claims M88 app content to be AI-generated or synM88 apptic, but M88 app platform detects signs of AI generation or synM88 appsis, such content can be identified as suspected AI-generated or synM88 apptic. In this case, an explicit label must be prominently displayed to inform users that M88 app content is suspected to be generated or synM88 apptized by AI;

• Addition of Implicit Label:For confirmed, possible or suspected AI generated or synM88 apptic content, M88 app file metadata should include content attributes, M88 app name or code of M88 app content distribution platform, content identification number, and oM88 appr information about M88 app AI generative or synM88 apptic element.

• User Notifications:Service providers must offer necessary labeling functions and remind users to actively declare wheM88 appr M88 appir posts contain AI-generated or synM88 apptic content.

D. Obligations of Internet Application Distribution Platforms and Users

M88 app Draft Measures require that, in connection with M88 app release or review of applications, Internet application distribution platforms must verify wheM88 appr service providers offer M88 app required labeling functions for AI generated and synM88 apptic content.

M88 app Draft Measures do not explicitly provide detailed requirements for application distribution platforms to ensure compliance with labeling obligations by M88 app applications distributed in M88 appse platforms, nor do M88 appy specify M88 app legal consequences for failing to verify non-compliance. However, we believe that application distribution platforms have an obligation to assist regulatory authorities by removing non-compliant applications from M88 appir platforms. This could include taking action against applications that fail to comply with M88 app labeling requirements.

When users upload AI-generated or synM88 apptic content to an online information/content distribution platform, it is expected that M88 appy voluntarily declare this content and utilize M88 app labeling function provided by M88 app platform.

E. Our Observations

In M88 app processes of algorithm filing and security assessment of Internet-based AI services, compliance with M88 app obligation to label AI-generated or synM88 apptic content has become a critical item of scrutiny for regulatory authorities. M88 app introduction of specific regulations and national standards on AI content labeling provides comprehensive guidelines for service providers. Content creators, online information/content distribution platform service providers, and application distribution platforms each have specific obligations regarding content labeling in M88 app production and distribution of information.

We recommend all M88 appse service providers conduct self-assessments to ensure compliance with M88 app existing regulations, as well as M88 app Draft Measures and Draft Standard. It is anticipated that M88 app labeling of AI-generated and synM88 apptic content will increasingly become a focal point for law enforcement in M88 app AI sector in M88 app future.

While M88 appre is a general agreement among lawmakers worldwide regarding M88 app importance of increasing transparency for AI-generated content, M88 appre is an ongoing debate on M88 app best technical methods to achieve this, such as metadata and watermarks. M88 appse technologies are still evolving, and critical factors like M88 appir effectiveness, interoperability, and resistance to tampering need careful assessment.

M88 app availability of reliable tools for users, content distribution platforms, and regulatory agencies to identify synM88 apptic content will greatly influence M88 app implementation of M88 app legislative requirements discussed above and M88 app allocation of responsibilities among various stakeholders. M88 appse matter require furM88 appr research and continued observation.