AI Legislative Guide |
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China |
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(Asia Pacific)
Firm
JunHe LLP
Contributors
Audrey Chen |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | The recent main AI-related regulations impose obligations on providers of AI-based personalized recommendations in mobile applications. They also place significant restrictions on deep synthesis technology, including deep fakes and other AI-generated media. Additionally, companies are required to comply with various compliance obligations, such as user protection, data training, and transparency, and undergo algorithm filing or security assessment before launching generative AI tools. The main regulations on the use of AI in China include the following:
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| Which agency regulates the use of AI in your jurisdiction? | The Cyberspace Administration of China ("CAC") serves as the primary regulatory authority responsible for general legislation in the field of AI, as well as enforcement pertaining to content regulation, AI algorithm filing, security assessment, and other specific AI obligations; and the Ministry of Industry and Information Technology ("MIIT"), the Public Security Bureau ("PSB"), and the State Administration for Market Regulation ("SAMR") may also enforce regulations concerning AI services within their respective jurisdictions. |
AI Legislative Guide
Yes.
The recent main AI-related regulations impose obligations on providers of AI-based personalized recommendations in mobile applications. They also place significant restrictions on deep synthesis technology, including deep fakes and other AI-generated media. Additionally, companies are required to comply with various compliance obligations, such as user protection, data training, and transparency, and undergo algorithm filing or security assessment before launching generative AI tools.
The main regulations on the use of AI in China include the following:
- Administrative Provisions on Algorithm Recommendation for Internet Information Services（2021）
- Administrative Provisions on Deep Synthesis of Internet-based Information Services（2022）
- Provisional Measures for the Administration of Generative Artificial Intelligence Services（2023）
The Cyberspace Administration of China ("CAC") serves as the primary regulatory authority responsible for general legislation in the field of AI, as well as enforcement pertaining to content regulation, AI algorithm filing, security assessment, and other specific AI obligations; and the Ministry of Industry and Information Technology ("MIIT"), the Public Security Bureau ("PSB"), and the State Administration for Market Regulation ("SAMR") may also enforce regulations concerning AI services within their respective jurisdictions.