Introduction
By 2025 [3] [7], China aims to achieve significant advancements in artificial intelligence (AI) theories and applications, positioning itself as a global leader in AI innovation by 2030 [7]. The country’s regulatory framework for AI is comprehensive and multi-layered, addressing various aspects such as data compliance, algorithm compliance [2] [7], cybersecurity [1] [2] [4] [5] [7], and ethical considerations [1] [2] [5] [7]. This framework is designed to ensure the responsible development and deployment of AI technologies while maintaining national security and protecting user rights.
Description
By 2025 [3] [7], China aims for significant advancements in AI theories and applications [7], positioning itself as a global leader in AI innovation by 2030 [7]. The regulatory framework for AI in China is multi-layered [7], addressing data compliance [2] [7], algorithm compliance [2] [7], cybersecurity [1] [2] [4] [5] [7], and ethical considerations [1] [2] [5] [7]. Key regulations include the Regulation on Network Data Security Management [2] [7], which mandates network data handlers to mitigate security risks [7], the Law on the Progress of Science and Technology [2] [7], emphasizing the governance of scientific ethics in AI innovation [7], and the Provisional Measures for the Administration of Generative Artificial Intelligence Services [2] [7], which impose obligations on service providers regarding security assessments [2], algorithm filing [2] [7], and content compliance [2] [7].
In July 2023 [4], China introduced provisional management rules for generative AI services [4], marking a global first [4]. The Measures for Science and Technology Ethics Review require ethical assessments for AI research and development [7], particularly for technologies that influence public opinion [7]. The Provisional Measures for Generative AI Services mandate that AI services with public opinion attributes file their algorithms with the Cyberspace Administration of China (CAC) and pass security assessments to ensure they do not threaten national security or infringe on user rights. Organizations must conduct detailed security evaluations prior to the public release of generative AI services [5], which is essential for identifying potential risks associated with these technologies [5]. Non-compliance can lead to severe penalties [1] [2] [7], including service suspension and criminal liability [2] [7]. More than 190 generative AI service models have been registered in China [4], with over 600 million users [4], indicating robust development in AI technologies [4]. Authorities will guide service providers to ensure high-quality [4], secure [4], and fair services [4], focusing on risk prevention related to personal data breaches [4], misinformation [1] [2] [4] [5], and intellectual property infringement [4] [5] [6] [7] [8].
China’s regulatory approach is characterized by inclusivity and prudence [7], particularly regarding generative AI technologies. The 2024 regulations introduce a comprehensive framework categorizing generative AI services into 20 distinct level-3 risk categories [1], including “Influencing Politics” and “Disrupting Social Order,” which necessitate ethical reviews and reflect the government’s focus on societal implications. Regulatory agencies aim to streamline the filing process for large models and reduce compliance costs for businesses [4]. Service providers are also required to label deep-synthesized content to prevent misinformation and protect users’ rights [2]. Additionally, entities involved in training AI models must obtain explicit consent from individuals whose personal data [5], including biometric information [5], is used [3] [5], thereby prioritizing user privacy and ethical data practices [5].
The Supreme People’s Court has committed to properly adjudicating AI-related cases [3], reflecting the increasing application of AI technology and the rise in legal disputes [3]. In 2024 [1] [2] [6] [7], the court is enhancing protections for artificial intelligence and intellectual property [6], aiming to promote the development of new industries while ensuring a regulated and orderly growth of the sector. Since 2018 [3], over 3,300 judgments related to AI have been recorded [3], highlighting challenges in adjudication, particularly concerning copyright ownership of AI-generated content (AIGC) [3], data privacy [3] [7], and algorithmic bias [3]. Recent judicial rulings have addressed issues of personality rights and copyright in the context of AI-generated content [2], including notable cases recognizing personality rights infringement involving AI-generated voices and images [2], as well as copyright disputes over AI-generated artworks [2]. This trend indicates a growing recognition of the aesthetic choices and personal judgment of users in determining the copyrightability of AIGC.
Despite the absence of explicit provisions in Chinese law regarding AIGC [8], legal scholars have proposed a legislative framework suggesting that AI-generated works could be protected under copyright law if they meet certain criteria [8]. In Hong Kong [8], a public consultation has been initiated to amend the Copyright Ordinance [8], considering the introduction of exceptions for text and data mining activities related to AI [8], while addressing concerns from various industries regarding the potential impact on copyright owners [8].
Current enforcement actions primarily focus on enterprise qualifications and consumer rights [7], with limited penalties related to data protection and security [7]. The emergence of localized AI tools indicates rapid technological advancement [7], with innovations like federated learning enhancing data privacy in collaborative settings [7]. Future policy will emphasize independent research in computing chips and algorithm frameworks [4], as well as the creation of high-quality Chinese language corpora [4]. As AI technology proliferates [7], comprehensive legal regulation is becoming essential [7]. Although no major AI legislation was enacted in 2024 [7], ongoing regulatory developments and international collaboration suggest a steady progression towards a more structured legal framework [7], with the potential introduction of a foundational Artificial Intelligence Law in the near future [2] [7].
China’s commitment to enhancing its legal framework for AI reflects a balance between promoting innovation and addressing emerging challenges [3], ensuring sustainable growth in this vital sector and positioning the country as a key player in global AI governance [3]. Legislative research in emerging fields [3], including AI and the digital economy [3], is set to strengthen by 2025 [3], aligning with global trends and fostering the healthy development of its AI industry [3]. The Deep Synthesis Provisions [1], effective from January 10, 2023 [1], establish stringent requirements for data protection [1], transparency [1] [7], and content management in AI technologies [1], mandating organizations to implement robust measures to safeguard user data and manage AI-generated content responsibly to prevent misinformation. As China’s regulatory framework evolves [1] [2], it may influence global AI governance trends [1], prompting other countries to adopt similar measures [1].
Conclusion
China’s comprehensive and forward-thinking approach to AI regulation aims to balance innovation with security and ethical considerations. By establishing a robust legal framework, China not only seeks to lead in AI development but also to set a precedent for global AI governance. As these regulations evolve [1], they are likely to influence international standards, encouraging other nations to adopt similar measures to ensure the responsible and secure advancement of AI technologies.
References
[1] https://www.restack.io/p/ai-regulation-answer-china-ai-regulation-2024-cat-ai
[2] https://www.lexology.com/library/detail.aspx?g=8f85f1c7-e67b-4c95-8ced-6c0bf1454575
[3] https://www.globaltimes.cn/page/202503/1329795.shtml
[4] https://global.chinadaily.com.cn/a/202408/12/WS66ba2d71a3104e74fddb99a7.html
[5] https://www.restack.io/p/government-funding-for-ai-answer-china-ai-policy-2024
[6] https://www.scmp.com/news/china/politics/article/3301639/chinas-supreme-court-puts-ai-protections-its-2025-agenda
[7] https://www.jdsupra.com/legalnews/deepseek-and-china-s-ai-regulatory-4601861/
[8] https://www.lexology.com/library/detail.aspx?g=b255a1d5-1bfe-4a5c-be44-0b0380cc37d6
