The seven departments jointly promulgated the "Interim Measures for the Management of Generative Artificial Intelligence Services", which came into force on August 15

2023-07-14 14:36

Source: Netinfo China WeChat

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Recently, the Cyberspace Administration of China, together with the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration of Radio, Film and Television, promulgated the Interim Measures for the Management of Generative Artificial Intelligence Services (hereinafter referred to as the Measures), which will come into force on August 15, 2023.

The relevant person in charge of the Cyberspace Administration of China said that the Measures are aimed at promoting the healthy development and standardized application of generative artificial intelligence, safeguarding national security and social public interests, and protecting the legitimate rights and interests of citizens, legal persons and other organizations.

In recent years, the rapid development of generative artificial intelligence technology has brought new opportunities for economic and social development, but also generated problems such as the dissemination of false information, infringement of personal information rights and interests, data security and bias discrimination, and how to coordinate the development and security of generative artificial intelligence has attracted attention from all parties. The promulgation of the Measures is not only an important requirement for promoting the healthy development of generative artificial intelligence, but also a practical need to prevent the risks of generative artificial intelligence services.

The Measures put forward that the state adheres to the principle of attaching equal importance to development and security, promoting innovation and governing according to law, adopts effective measures to encourage the innovative development of generative artificial intelligence, implements inclusive and prudent and categorical supervision of generative AI services, and clarifies the overall requirements for the provision and use of generative AI services. Specific measures to promote the development of generative artificial intelligence technology are proposed, and the requirements for training data processing activities and data labeling are clarified. It stipulates specifications for generative AI services, clarifying that generative AI service providers shall employ effective measures to prevent minor users from overrelying on or indulging in generative AI services, identify generated content such as pictures and videos in accordance with the "Provisions on the Management of Deep Synthesis of Internet Information Services", and promptly employ measures to deal with illegal content when discovered. In addition, it also stipulates security assessment, algorithm filing, complaints and reports, etc., and clarifies legal responsibilities.

The relevant person in charge of the Cyberspace Administration of China pointed out that the development and governance of generative AI services require the participation of governments, enterprises, society, netizens and other parties to jointly promote the healthy development of generative AI and make generative AI technology better benefit the people.

Let's take a look at the full text of the "Measures" -

Generative AI service management

Interim measures

Chapter I General Provisions

Article 1: These Measures are drafted on the basis of the "Cybersecurity Law of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", "Science and Technology Progress Law of the People's Republic of China" and other laws and administrative regulations, so as to promote the healthy development and standardized application of generative artificial intelligence, preserve national security and the social public interest, and protect the lawful rights and interests of citizens, legal persons, and other organizations.

Article 2: These Measures apply to the use of generative AI technology to provide services that generate text, pictures, audio, video, and other content to the public within the territory of the People's Republic of China (hereinafter referred to as generative AI services).

Where the state has other provisions on the use of generative artificial intelligence services to engage in activities such as news and publication, film and television production, and literary and artistic creation, follow those provisions.

Where industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional institutions, and so forth develop or apply generative AI technologies and fail to provide generative AI services to the domestic public, the provisions of these Measures do not apply.

Article 3: The State adheres to the principle of attaching equal importance to development and security, promoting innovation and lawful governance, employing effective measures to encourage the innovative development of generative AI, and implementing inclusive, prudent, categorical and hierarchical regulation of generative AI services.

Article 4: The provision and use of generative AI services shall comply with laws and administrative regulations, respect social morality and ethics, and comply with the following provisions:

(1) Adhere to the core socialist values, and must not produce content prohibited by laws and administrative regulations, such as inciting subversion of state power, overthrowing the socialist system, endangering national security and interests, damaging the national image, inciting separatism, undermining national unity and social stability, advocating terrorism and extremism, advocating ethnic hatred, ethnic discrimination, violence, obscenity, pornography, and false and harmful information;

(2) Employ effective measures to prevent discrimination by ethnicity, belief, country, region, gender, age, occupation, health, and so forth in the process of algorithm design, training data selection, model generation and optimization, and provision of services;

(3) Respect intellectual property rights and business ethics, keep trade secrets, and must not use advantages such as algorithms, data, and platforms to carry out monopolistic and unfair competition conduct;

(4) Respect the lawful rights and interests of others, must not endanger the physical and mental health of others, and must not infringe on others' rights to portrait, reputation, honor, privacy, and personal information;

(5) Based on the characteristics of service types, employ effective measures to increase the transparency of generative AI services and increase the accuracy and reliability of generated content.

Chapter II: Technological Development and Governance

Article 5: Encourage the innovative application of generative AI technology in all industries and fields, generate positive, healthy, and upwardly good-quality content, explore and optimize application scenarios, and build an application ecosystem.

Support industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional institutions, etc. to collaborate in areas such as generative AI technology innovation, data resource construction, transformation and application, and risk prevention.

Article 6: Encourage independent innovation in basic technologies such as generative AI algorithms, frameworks, chips, and supporting software platforms, carry out international exchanges and cooperation on an equal and mutually beneficial basis, and participate in the formulation of international rules related to generative AI.

Promote the construction of generative artificial intelligence infrastructure and public training data resource platforms. Promote the collaborative sharing of computing power resources and improve the efficiency of computing power resource utilization. Promote the orderly and open classification and grading of public data, and expand high-quality public training data resources. Encourage the use of secure and trusted chips, software, tools, computing power, and data resources.

Article 7: Generative AI service providers (hereinafter referred to as "providers") shall lawfully carry out training data processing activities such as pre-training and optimized training, and comply with the following provisions:

(1) Using data and basic models with lawful sources;

(2) Where intellectual property rights are involved, the intellectual property rights enjoyed by others in accordance with law must not be infringed;

(3) Where personal information is involved, the individual's consent shall be obtained or other circumstances provided for by laws and administrative regulations are complied with;

(4) Employ effective measures to improve the quality of training data, enhancing the authenticity, accuracy, objectivity, and diversity of training data;

(5) Other relevant provisions of laws and administrative regulations such as the "Cybersecurity Law of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", and relevant regulatory requirements of relevant competent departments.

Article 8: Where data labeling is carried out during the research and development of generative AI technologies, providers shall draft clear, specific, and operable labeling rules that meet the requirements of these Measures; Carry out data labeling quality assessment, and sample to verify the accuracy of labeling content; Conduct necessary training for labeling personnel, enhance their awareness of respecting the law and abiding by the law, and supervise and guide labeling personnel to standardize labeling work.

Chapter III: Service Specifications

Article 9: Providers shall lawfully bear responsibility for producers of online information content, and perform network information security obligations. Where personal information is involved, bear the responsibility of the personal information processor in accordance with law and perform personal information protection obligations.

Providers shall sign a service agreement with the generative AI service users who register their services (hereinafter referred to as "users") to clarify the rights and obligations of both parties.

Article 10: Providers shall clarify and disclose the applicable populations, occasions, and uses of their services, guiding users to scientifically and rationally understand and lawfully use generative AI technologies, and employ effective measures to prevent minor users from overrelying on or indulging in generative AI services.

Article 11: Providers shall perform protection obligations in accordance with law with respect to users' input information and use records, must not collect unnecessary personal information, must not illegally retain input information and use records that can identify users, and must not illegally provide others with users' input information and use records.

Providers shall promptly accept and handle individuals' requests for access, copying, correction, supplementation, deletion, and so forth in accordance with law.

Article 12: Providers shall follow the "Provisions on the Management of Deep Synthesis of Internet Information Services" to identify content generated by pictures, videos, and so forth.

Article 13: Providers shall provide safe, stable, and continuous services in the course of their services to ensure users' normal use.

Article 14: Where providers discover illegal content, they shall promptly employ measures such as stopping the generation, stopping transmission, or elimination, employ measures such as model optimization training to carry out rectification, and report to the relevant competent departments.

Where providers discover that users are using generative AI services to engage in illegal activities, they shall employ disposition measures such as warnings, restricting functions, suspending or terminating the provision of services to them in accordance with laws and agreements, store relevant records, and report to the relevant competent departments.

Article 15: Providers shall establish and complete mechanisms for complaints and reports, set up convenient portals for complaints and reports, publish handling procedures and time limits for feedback, and promptly accept and handle public complaints and reports, and give feedback on the results of handling.

Chapter IV: Supervision and Inspection and Legal Responsibility

Article 16: Departments such as for internet information, development and reform, education, science and technology, industry and informatization, public security, radio and television, and press and publication, are to strengthen management of generative AI services in accordance with their respective duties in accordance with law.

The relevant competent departments of the state are to improve scientific supervision methods that are compatible with innovation and development in view of the characteristics of generative AI technology and its service application in relevant industries and fields, and formulate corresponding rules or guidelines for categorical and hierarchical supervision.

Article 17: Where generative AI services with public opinion attributes or social mobilization capabilities are provided, security assessments shall be carried out in accordance with relevant national provisions, and the "Provisions on the Management of Internet Information Services Algorithm Recommendations" shall be followed to perform procedures for algorithm filing, modification, and cancellation filing.

Article 18: Where users discover that generative AI services do not comply with laws, administrative regulations, and these Measures, they have the right to complain or report to the relevant competent departments.

Article 19: Relevant competent departments carrying out oversight and inspections of generative AI services on the basis of their duties, and providers shall cooperate in accordance with law, explaining the sources, scale, types, labeling rules, algorithm mechanisms, and so forth of training data as required, and providing necessary technical, data, and other support and assistance.

Relevant institutions and personnel participating in the security assessment and supervision and inspection of generative AI services shall keep state secrets, commercial secrets, personal privacy, and personal information learned of in the performance of their duties confidential in accordance with law, and must not leak or illegally provide them to others.

Article 20: Where the provision of generative AI services originating outside the territory of the People's Republic of China to mainland China does not comply with laws, administrative regulations, and these Measures, the state internet information departments shall notify relevant institutions to employ technical measures and other necessary measures to handle it.

Article 21: Where providers violate the provisions of these Measures, the relevant competent departments are to give punishments in accordance with the "Cybersecurity Law of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", "Science and Technology Progress Law of the People's Republic of China" and other laws and administrative regulations; Where laws or administrative regulations do not provide for it, the relevant competent departments are to give warnings, circulate criticism, and order corrections within a time limit on the basis of their duties; Where corrections are refused or the circumstances are serious, order the suspension of the provision of relevant services.

Where a violation of public security administration is constituted, public security administration punishments shall be given in accordance with law; Where a crime is constituted, criminal responsibility shall be pursued in accordance with law.

Chapter V Supplementary Provisions

Article 22: The meanings of the following terms in these Measures are:

(1) Generative artificial intelligence technology refers to models and related technologies with text, pictures, audio, video, and other content generation capabilities.

(2) Generative AI service providers refer to organizations and individuals that use generative AI technology to provide generative AI services (including providing generative AI services by providing programmable interfaces, etc.).

(3) Generative AI service users refer to organizations and individuals that use generative AI services to generate content.

Article 23: Where laws and administrative regulations provide that the provision of generative AI services shall obtain relevant administrative licenses, providers shall obtain licenses in accordance with law.

Foreign investment in generative AI services shall comply with the provisions of laws and administrative regulations related to foreign investment.

Article 24: These Measures shall take effect on August 15, 2023.