China's First Generative AI Provisional Measures Come Into Force

On 13 July 2023, the Cyberspace Administration of China, together with six other People's Republic of China ("PRC") ministries and commissions, issued the Interim Measures for the Management of Generative Artificial Intelligence ("AI") Services (生成式人工智能服务管理暂行办法) ("Measures"), which took effect on 15 August 2023. This is the first time that the PRC has specifically regulated generative AI services, aiming to promote the healthy development and standardised application of generative AI.

The Measures consist of five chapters and twenty-four articles, clarifying the basic principles and obligations that should be observed in the provision and use of generative AI services, and emphasising the principles of (i) inclusive and prudent supervision of generative AI services, and (ii) classification and grading.

Previously, the draft Administrative Measures for Generative Artificial Intelligence Services (生成式人工智能服务管理办法(征求意见稿)) ("Draft Measures") were released to the public. In May 2023, we prepared a Legal Update on the Draft Measures and their potential impact on service providers providing Generative AI services in China ("Service Providers"). To view the Legal Update, titled "China Issues Draft Administrative Measures for Generative Artificial Intelligence Services", please click here.  

Compared to the Draft Measures, the Measures have adjusted and refined the obligations of Service Providers, and introduced the following key changes:

1. Article 11: This provision has been added in the Measures: "Service Providers shall promptly receive and process requests from individuals for access, copying, correction, supplementation, deletion, etc., of their personal information."
2. Article 14: The Draft Measures provided that "the generated content that does not meet the requirements of the Measures shall be prevented from being produced again within three months through model optimization training and other means" (emphasis added). The Measures have amended this part to: "If the Service Provider discovers illegal content, it shall take measures such as model optimization training for rectification in a timely manner" (emphasis added).
3. Article 20: This provision has been included in the Measures: "Where generative artificial intelligence services originating outside China and being provided to the domestic market do not comply with the laws, administrative regulations, and the provisions of the Measures, the PRC Cyberspace Administration authorities shall notify the relevant organizations to take technical measures and other necessary measures."
4. Article 21: The penalties in the Draft Measures for violations of the Measures where the monetary penalties are not specified in the laws and administrative regulations, have been deleted in the Measures. Instead, the Measures now specifically make reference to the penalties in the relevant regulations in other laws (including the PRC Cybersecurity Law, the PRC Data Security Law, and the PRC Personal Information Protection Law, etc.).
5. Article 22: The definitions of generative AI Service Providers and Users have been included in the Measures.