http://www.cac.gov.cn/2023-07/13/c_1690898327029107.htm
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 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 the Management of Generative Artificial Intelligence Services
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 “People’s Republic of China Cybersecurity Law”, “People’s Republic of China Data Security Law, “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, formulate these measures.
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 combining law-based governance, adopting effective measures to encourage the innovation and development of generative artificial intelligence, and implementing 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, and 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, 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 the service type, take effective measures to improve the transparency of generative artificial intelligence services and improve the accuracy and reliability of generated content.
Chapter 2 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 training data processing activities such as pre-training and optimization training 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 the accuracy of the labeling content; Conduct necessary training for labeling personnel, enhance 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 Providers shall legally assume the responsibility of network information content producers and fulfill network information security obligations. 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 shall 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 excessively relying on or indulging in generative artificial intelligence Serve.
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 provide the user’s information to others. 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 Providers shall mark pictures, videos, and other generated content in accordance with the “Regulations on the Administration of Deep Synthesis of Internet Information Services”.
Article 13 Providers shall provide safe, stable, and continuous services in the course of their services to ensure the normal use of users.
Article 14 Where a provider discovers illegal content, it shall promptly take disposal measures such as stopping generation, stopping transmission, and elimination, take measures such as model optimization training for 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 Providers of 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, modification, and cancellation filing procedures in accordance with the “Internet Information Service Algorithm Recommendation Management Regulations”.
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 The 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, explain the source, scale, type, labeling rules, algorithm mechanism, etc. of the training data as required, and provide necessary Technical, data and other 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: Where the provision of generative artificial intelligence services originating 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 to deal with them.
Article 21 Where a provider violates the provisions of these Measures, the relevant competent authority shall, in accordance with 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”, “People’s Republic of China If there is no provision in the law or administrative regulations, the relevant competent department shall give a warning, circulate a notice of criticism according to its duties, and order corrections within a time limit; if it refuses to make corrections or the circumstances are serious, it shall be 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 V 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 the provision of generative artificial intelligence services shall obtain relevant administrative licenses, the providers shall obtain licenses in accordance with the 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.