Seven departments including the Cyberspace Administration of China jointly announced the "Interim Measures for the Management of Generative Artificial Intelligence Services"

Source: China Netcom

Recently, the State 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, announced the "Interim Measures for the Administration of Generative Artificial Intelligence Services" (hereinafter referred to as the "Measures"). It will come into force on August 15th. The relevant person in charge of the State Internet Information Office stated that the introduction of the "Measures" aims to promote the healthy development and standardized application of generative artificial intelligence, safeguard national security and social public interests, and protect 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. At the same time, it has also caused problems such as dissemination of false information, infringement of personal information rights, data security, and prejudice. How to coordinate the development of generative artificial intelligence and Safety has attracted the attention of all parties. The introduction of the "Measures" is not only an important requirement to promote the healthy development of generative artificial intelligence, but also a practical need to prevent the risks of generative artificial intelligence services.

The "Measures" propose that the country adhere to the principle of combining development and security, promote innovation and govern by law, take effective measures to encourage the innovation and development of generative artificial intelligence, and implement inclusive prudence and classified and hierarchical supervision of generative artificial intelligence services. General requirements for using generative artificial intelligence 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 the generative artificial intelligence service specification, and clarifies that generative artificial intelligence service providers should take effective measures to prevent minor users from overly relying on or indulging in generative artificial intelligence services. and other generated content shall be marked, and illegal content shall be promptly taken to deal with it. In addition, systems such as security assessment, algorithm filing, and complaint reporting are also stipulated, and legal responsibilities are clarified.

The person in charge of the State Internet Information Office pointed out that the development and governance of generative artificial intelligence services requires the participation of the government, enterprises, society, and netizens to jointly promote the healthy development of generative artificial intelligence and make generative artificial intelligence technology better benefit the people. .

State Internet Information Office

National Development and Reform Commission, 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

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No. 15

The "Interim Measures for the Management of Generative Artificial Intelligence Services" has been reviewed and approved at the 12th office meeting of the State Internet Information Office in 2023 on May 23, 2023, and has been approved by the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Industry and the The Ministry of Information Technology, the Ministry of Public Security, and the State Administration of Radio and Television agree, and it is hereby promulgated and will come into force on August 15, 2023.

Zhuang Rongwen, director of the State Internet Information Office

Zheng Shanjie, Director of the National Development and Reform Commission

Minister of Education Huai Jinpeng

Minister of Science and Technology Wang Zhigang

Jin Zhuanglong, Minister of Industry and Information Technology

Minister of Public Security Wang Xiaohong

Cao Shumin, director of the State Administration of Radio and Television

July 10, 2023

Interim Measures for Generative Artificial Intelligence Service Management

Chapter 1 General Provisions

Article 1 In order to promote the healthy development and standardized application of generative artificial intelligence, safeguard national security and social public interests, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the "Network Security Law of the People's Republic of China", "China These Measures are formulated in accordance with laws and administrative regulations such as the Data Security Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, and the Science and Technology Progress Law of the People's Republic of China.

Article 2 These Measures apply to the use of generative artificial intelligence technology to provide services for generating 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 artificial intelligence services).

If the state has other regulations on the use of generative artificial intelligence services to engage in activities such as news publishing, film and television production, and literary and artistic creation, those regulations shall prevail.

Industry organizations, enterprises, educational and scientific research institutions, public cultural institutions, and relevant professional institutions that develop and apply generative artificial intelligence technology, but do not provide generative artificial intelligence services to the domestic public, shall not be subject to the provisions of these Measures.

Article 3 The state adheres to the principles of attaching equal importance to development and security, promoting innovation and governing by law, adopts effective measures to encourage the innovation and development of generative artificial intelligence, and implements inclusive prudence and classified and hierarchical supervision of generative artificial intelligence services.

Article 4 The provision and use of generative artificial intelligence services shall abide by laws and administrative regulations, respect social morality and ethics, and abide by the following provisions:

(1) Adhere to the core values of socialism, and must not generate incitement to subvert state power, overthrow the socialist system, endanger national security and interests, damage national image, incite secession, undermine national unity and social stability, promote terrorism, extremism, promote Content prohibited by laws and administrative regulations such as ethnic hatred, ethnic discrimination, violence, obscenity, and false harmful information;

(2) In the process of algorithm design, training data selection, model generation and optimization, and service provision, take effective measures to prevent discrimination based on ethnicity, belief, country, region, gender, age, occupation, health, etc.;

(3) Respect intellectual property rights, business ethics, keep business secrets, and not use algorithms, data, platforms, and other advantages to implement monopoly and unfair competition;

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

(5) Based on the characteristics of service types, take effective measures to improve the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.

Chapter Two Technology Development and Governance

Article 5 Encourage the innovative application of generative artificial intelligence technology in various industries and fields, generate positive, healthy, and positive high-quality content, explore and optimize application scenarios, and build an application ecosystem.

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

Article 6 Encourage the independent innovation of basic technologies such as generative artificial intelligence 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 artificial intelligence.

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 utilization efficiency of computing power resources. Promote the orderly opening of public data classification and classification, and expand high-quality public training data resources. Encourage the adoption of secure and trusted chips, software, tools, computing power and data resources.

Article 7 Generative artificial intelligence service providers (hereinafter referred to as providers) shall carry out pre-training, optimization training and other training data processing activities in accordance with the law, and abide by the following provisions:

(1) Use data and basic models with legitimate sources;

(2) Where intellectual property rights are involved, the intellectual property rights enjoyed by others shall not be infringed;

(3) Where personal information is involved, the consent of the individual shall be obtained or other circumstances that comply with laws and administrative regulations;

(4) Take 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 "Network Security 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 authorities.

Article 8 Where data labeling is carried out during the research and development of generative artificial intelligence technology, the provider shall formulate clear, specific, and operable labeling rules that meet the requirements of these measures; carry out data labeling quality assessment, and conduct sampling verification of labeling content Accuracy; conduct necessary training for labeling personnel, enhance the awareness of respecting and abiding by the law, and supervise and guide labeling personnel to carry out labeling work in a standardized manner.

Chapter Three Service Specifications

Article 9 The provider shall assume the responsibility of the producer of network information content in accordance with the law and fulfill the obligation of network information security. If personal information is involved, the responsibility of the personal information processor shall be assumed in accordance with the law, and the obligation to protect personal information shall be fulfilled.

Providers should sign service agreements with generative artificial intelligence service users (hereinafter referred to as users) who register their services, clarifying the rights and obligations of both parties.

Article 10 Providers should clarify and disclose the applicable population, occasions, and uses of their services, guide users to scientifically and rationally understand and use generative artificial intelligence technology in accordance with the law, and take effective measures to prevent minor users from over-reliance or addiction Generative artificial intelligence services.

Article 11 The provider shall fulfill the obligation to protect the user’s input information and use records in accordance with the law, shall not collect unnecessary personal information, shall not illegally retain input information and use records that can identify the user’s identity, and shall not illegally send Others provide the user's input information and usage records.

The provider shall accept and process the individual's requests for reviewing, copying, correcting, supplementing, and deleting their personal information in a timely manner in accordance with the law.

Article 12 The provider shall mark the generated content such as pictures and videos in accordance with the "Regulations on the Administration of Deep Synthesis of Internet Information Services".

Article 13 The provider shall provide safe, stable, and continuous services during its service process to ensure the normal use of users.

Article 14 If the provider discovers illegal content, it shall promptly take measures such as stopping generation, stopping transmission, and erasure, take measures such as model optimization training to make rectification, and report to the relevant competent authority.

If the provider discovers that the user is using the generative artificial intelligence service to engage in illegal activities, it shall take measures such as warning, restricting functions, suspending or terminating the provision of services to it in accordance with the law, keep relevant records, and report to the relevant competent authority.

Article 15 The provider shall establish and improve the complaint and report mechanism, set up a convenient complaint and report portal, announce the handling process and feedback time limit, accept and handle public complaints and reports in a timely manner, and give feedback on the handling results.

Chapter IV Supervision and Inspection and Legal Responsibilities

Article 16 Departments of cybersecurity and informatization, development and reform, education, science and technology, industry and informatization, public security, radio and television, press and publication, etc., shall strengthen the management of generative artificial intelligence services in accordance with the law according to their respective responsibilities.

Relevant national authorities shall, in light of the characteristics of generative artificial intelligence technology and its service applications in relevant industries and fields, improve scientific supervision methods that are compatible with innovation and development, and formulate corresponding classification and classification supervision rules or guidelines.

Article 17 Those who provide generative artificial intelligence services with public opinion attributes or social mobilization capabilities shall conduct security assessments in accordance with relevant national regulations, and perform algorithm filing and modification, Cancellation filing procedures.

Article 18 If users find that generative artificial intelligence services do not comply with laws, administrative regulations and the provisions of these measures, they have the right to complain and report to the relevant competent authorities.

Article 19 Relevant competent departments carry out supervision and inspection of generative artificial intelligence services according to their duties, and the provider shall cooperate in accordance with the law, and explain the source, scale, type, labeling rules, algorithm mechanism, etc. of training data as required , and provide necessary technical and data support and assistance.

Relevant institutions and personnel involved in the safety assessment and supervision and inspection of generative artificial intelligence services shall keep state secrets, commercial secrets, personal privacy and personal information known in the performance of their duties confidential in accordance with the law, and shall not disclose or illegally provide them to others.

Article 20 If the provision of generative artificial intelligence services from outside the territory of the People's Republic of China does not comply with laws, administrative regulations and the provisions of these measures, the national network information department shall notify relevant institutions to take technical measures and other necessary measures be disposed of.

Article 21 If the provider violates the provisions of these measures, the relevant competent department shall follow the "Network Security 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", The "Law of the People's Republic of China on Science and Technology Progress" and other laws and administrative regulations shall be punished; if there are no provisions in laws and administrative regulations, the relevant competent department shall issue a warning, circulate a notice of criticism according to its duties, and order it to make corrections within a time limit; if it refuses to make corrections or the circumstances are serious , ordered to suspend the provision of related services.

If it constitutes a violation of public security management, it shall be punished according to law; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.

Chapter Five 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 that have the ability to generate content such as text, pictures, audio, and video.

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

(3) Generative artificial intelligence service users refer to organizations and individuals who use generative artificial intelligence services to generate content.

Article 23 Where laws and administrative regulations stipulate that relevant administrative licenses shall be obtained for the provision of generative artificial intelligence services, the provider shall obtain the license according to law.

Foreign-invested generative artificial intelligence services shall comply with the provisions of foreign investment-related laws and administrative regulations.

Article 24 These Measures shall come into force on August 15, 2023.