CAC to Release New Regulations on AI-generated Content

On April 11, 2023, the Cyberspace Administration of China (“CAC”) released the Circular of the Cyberspace Administration of China on Soliciting Public Opinions on the Measures for the Administration of Artificial Intelligence Generated Content (“AI-generated content” or “AIGC”) (Exposure Draft), which is open for public comment until May 10, 2023.

The Measures consist of 21 articles, which apply to the entities that provide AI-generated content to the public in China, underscoring the restrictions on ideologies, intellectual property rights, information security and fair competition. Under the Measures, AIGC providers are responsible for the content they generated using AI technology. Where personal information is involved, the statutory responsibilities of the personal information processors shall also be assumed. Before providing the services, they are required to apply for security assessment with the national cyberspace authorities, and perform the procedures for the filing, change and cancellation of algorithm. According to the Measures, AIGC providers are prohibited from illegally retaining any input from that can infer the user’s identity, profiling a user based on his input information and usage or providing a user’s input information to others, or generating discriminatory content based a user’s race, country, gender and other information.