August 15 of this year
Cyberspace Administration of China
National Development and Reform Commission of the People's Republic of China
Ministry of Education of the People's Republic of China
Ministry of Science and Technology of the People's Republic of China
Ministry of Industry and Information Technology of the People's Republic of China
Ministry of Public Security of the People's Republic of China
State Administration of Radio and Television
Jointly released
Interim Measures for the Administration of Generative AI Services
Officially enforced
Designed to promote generative AI
Healthy development and standardized application
Safeguard national security and the public interest
Protect the legitimate rights and interests of citizens, legal persons and other organizations
Direction/Down/Sliding/Moving/Learning/Xi/Full/Text
Chapter I: General Provisions
Article 1: These Measures are drafted on the basis of the "Cybersecurity Law of the People's Republic of China", the "Data Security Law of the People's Republic of China", the "Personal Information Protection Law of the People's Republic of China", the "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 AI, to preserve national security and the societal public interest, and to 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 the public within the mainland territory of the People's Republic of China with services that generate text, images, audio, video, and other content (hereinafter "generative AI services").
Where the state has other provisions on the use of generative AI services to engage in activities such as press and publication, film and television production, or literary and artistic creation, follow those provisions.
The provisions of these Measures do not apply to the research and development or application of generative AI technology by industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional bodies, and so forth, but do not provide generative AI services to the domestic public.
Article 3: The state adheres to the principles of placing equal emphasis on development and security, and combining the promotion of innovation with governance in accordance with law, employing effective measures to encourage the innovative development of generative AI, and carrying out 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 mores 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, harming the country's image, inciting separatism, undermining national unity and social stability, advocating terrorism, extremism, advocating ethnic hatred, ethnic discrimination, violence, obscenity, pornography, and false and harmful information;
(2) Employ effective measures to prevent discrimination such as on ethnicity, creed, country, region, gender, age, occupation, health, and so forth, in the process of designing algorithms, selecting training data, generating and optimizing models, and providing services;
(3) Respect intellectual property rights and business ethics, keep commercial secrets, and must not use algorithms, data, platforms, and other advantages to carry out monopolistic and unfair competition conduct;
(4) Respect the lawful rights and interests of others, must not endanger the physical and psychological health of others, and must not infringe upon others' rights and interests in portraiture, reputation, honor, privacy, or personal information;
(5) Based on the characteristics of the type of service, 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, generating high-quality content that is positive, healthy, and uplifting, exploring and optimizing application scenarios, and building an application ecosystem.
Support industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, relevant professional institutions, and so forth in collaboration in areas such as generative AI technology innovation, data resource construction, transformation and application, and risk prevention.
Article 6: Independent innovation in basic technologies such as generative AI algorithms, frameworks, chips, and supporting software platforms is encouraged, international exchanges and cooperation are carried out on an equal footing and mutual benefit, and participation in the formulation of international rules related to generative AI.
Promote the construction of generative AI infrastructure and public training data resource platforms. Promote the collaborative sharing of computing resources and improve the utilization efficiency of computing resources. Promote the orderly opening of public data by classification and level, and expand high-quality public training data resources. Encourage the use of secure and trustworthy chips, software, tools, computing power and data resources.
Article 7: Generative AI service providers (hereinafter "providers") shall lawfully carry out pre-training, optimized training, and other training data processing activities, and comply with the following provisions:
(1) Using data and underlying 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 shall be met;
(4) Employ effective measures to improve the quality of training data, and enhance 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", the "Data Security Law of the People's Republic of China", and the "Personal Information Protection Law of the People's Republic of China", as well as the relevant regulatory requirements of relevant regulatory departments.
Article 8: Where data labeling is carried out in the course of research and development of generative AI technology, providers shall draft clear, specific, and actionable labeling rules that meet the requirements of these Measures;
Chapter III: Service Specifications
Article 9: Providers shall bear the responsibility of online information content producers in accordance with law, and perform network information security obligations. Where personal information is involved, bear the responsibility of personal information handlers in accordance with law, and perform personal information protection obligations.
Providers should sign service agreements with users of generative AI services who register their services (hereinafter referred to as "users"), clarifying the rights and obligations of both parties.
Article 10: Providers shall clarify and disclose the applicable populations, occasions, and uses of their services, guide users to scientifically and rationally understand and lawfully use generative AI technology, and employ effective measures to prevent minor users from overly relying on or becoming addicted to generative AI services.
Article 11: Providers shall perform their obligation to protect users' input information and usage records in accordance with law, and must not collect unnecessary personal information, must not illegally retain input information and usage records that can identify users, and must not illegally provide users' input information and usage records to others.
Providers shall promptly accept and handle individuals' requests for access, copying, correcting, supplementing, deleting, and so forth their personal information in accordance with law.
Article 12: Providers shall follow the "Provisions on the Management of Deep Synthesis of Internet Information Services" to label images, videos, and other generated content.
Article 13: Providers shall provide safe, stable, and continuous services in the course of their services, and ensure normal use by users.
Article 14: Where providers discover illegal content, they shall promptly employ measures to address it, such as stopping the generation, stopping transmission, or erasure, and employing measures such as model optimization and training to make corrections, and report to the relevant regulatory departments.
Where providers discover that users are using generative AI services to engage in illegal activities, they shall employ 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 regulatory departments.
Article 15: Providers shall establish and complete mechanisms for complaints and reports, set up convenient portals for complaints and reports, publish the handling process and time limits for feedback, and promptly accept and handle public complaints and reports, and give feedback on the results.
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 the management of generative AI services on the basis of their respective duties and law.
Based on the characteristics of generative AI technology and its service application in relevant industries and fields, the relevant competent departments of the state are to improve scientific regulatory methods that are compatible with innovation and development, and formulate corresponding rules or guidelines for categorical and hierarchical regulation.
Article 17: Where generative AI services with public opinion attributes or social mobilization capacity are provided, security assessments shall be carried out in accordance with relevant state provisions, and formalities for algorithm filing, modification, or cancellation of filings shall be performed in accordance with the "Provisions on the Management of Algorithmic Recommendations for Internet Information Services".
Article 18: Where users discover that generative AI services do not comply with laws, administrative regulations, or these Measures, they have the right to make complaints or reports to the relevant regulatory departments.
Article 19: Relevant regulatory departments are to carry out oversight and inspections of generative AI services on the basis of their duties, and the providers shall cooperate in accordance with law, explaining the sources, scale, types, labeling rules, algorithm mechanisms, and so forth of the training data as required, and providing necessary technical and data support and assistance.
Relevant institutions and personnel participating in the security assessment and oversight and inspection of generative AI services shall keep confidential state secrets, commercial secrets, personal privacy, and personal information that they learn of in the performance of their duties in accordance with law, and must not disclose or illegally provide them to others.
Article 20: Where the provision of generative AI services originating from outside the territory of the People's Republic of China to the mainland does not comply with the provisions of laws, administrative regulations, or these Measures, the State Internet Information Department shall notify the relevant institutions to employ technical measures and other necessary measures to address 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; Circulate criticism and order corrections to be made within a set period of time; where corrections are refused or the circumstances are serious, order the suspension of the provision of relevant services.
Those who constitute a violation of the administration of public security shall be punished by the administration of public security in accordance with law; and those who constitute a crime shall be investigated for criminal responsibility in accordance with law.
Chapter V: Supplementary Provisions
Article 22 The meanings of the following terms in these Measures are:
(1) "Generative AI technology" refers to models and related technologies that have the ability to generate content such as text, images, audio, and video.
(2) "Generative AI service providers" refers to organizations and individuals that use generative AI technology to provide generative AI services (including providing generative AI services through the provision of programmable interfaces, etc.).
(3) "Generative AI service users" refers 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 permits, the providers shall obtain permits 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 take effect on August 15, 2023.
Interim Measures for the Administration of Generative AI Services
Generative AI service governance
The government, enterprises, society, and netizens are needed
and other multi-party entities to participate
Driving generative AI
Legal, reasonable and effective use
Actively prevent and defuse
Risks posed by generative AI technologies
Promote the healthy development of Internet information services
Maintain a good ecology in cyberspace
Picture | Screenshots of the network
Material | Jiangxi Internet Police
Edit | Zhong Rui/Xiong Liangliang
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