The year 2023 is proving to be an important one for the governance of generative artificial intelligence (AI). Mainland China has introduced the “Interim Measures for the Management of Generative Artificial Intelligence Services” (the “Interim Measures”) that has broad implications for the development and use of generative AI technologies not only within Mainland China but potentially worldwide.
A Groundbreaking Step Toward Regulating AI Technologies
The Interim Measures, drafted based on the China Cybersecurity Law, the China Data Security Law, the China Personal Information Protection Law and the China Law on Progress of Science and Technology, promote the healthy development and regulated use of generative AI. These measures are designed to manage generative AI products and services provided to the general public in Mainland China, such as ChatGPT-like services. They aim to address concerns related to content moderation, information distortion and abuse, algorithmic bias and prejudice, and transparency.
Notably, these measures have excluded the research, development and use of generative AI by industry associations, enterprises, education and research institutions, public cultural bodies, and related professional bodies unless the generative AI services are offered to the general public in Mainland China. Compared to the “Draft for Consultation Measures” released in April 2023, the Interim Measures highlight the need to balance innovation with governance and the importance of imposing obligations on providers rather than supervising service users.
Balancing Innovation and Governance
- Mainland China places equal emphasis on development and security, combining the promotion of innovation with governance in accordance with laws. It encourages innovation and development in generative AI and carries out a balanced and cautious management by category of generative AI services.
- Many countries face the challenge of managing risks associated with AI while also considering the impact on the economic growth and expansion of AI technologies due to strict governance.
- In terms of development, Mainland China encourages independent innovation in fundamental technologies for generative AI, such as algorithms, frameworks, chips and supporting software platforms. It also promotes the establishment of generative AI infrastructure and public training data resource platforms.
Stricter Regulations for AI Service Providers
- Generative AI service providers are required to conduct pre-training, optimization training and other activities handling training data in accordance with the laws.
- Providers must use data and foundational models that have legal sources, respect intellectual property rights and avoid any infringement on the rights of others.
- Providers are also required to maintain transparency in their services, increase the accuracy and reliability of generated content, and respect the physical and psychological well-being of others.
- Governments around the world are formulating regulations to govern AI development and deployment, including the proposal of the European Union (EU) AI Act, Singapore’s Model AI Governance Framework 2.0 and the United States Algorithmic Accountability Act. However, none of these regulations include specific Responsible AI requirements like those introduced by Mainland China.
Oversight Inspections and Legal Responsibilities
- The Interim Measures also mandate key governance bodies or regulatory departments, such as Internet information, education, science and technology, public security, radio, television, press, and publication, to strengthen the management of generative AI services under their areas.
- The Interim Measures do not state any specific penalty limit but refer to the provisions of the China Cybersecurity Law, the China Data Security Law, the China Law on the Protection of Personal Information and the China Law on Progress of Science and Technology, among other laws and administrative regulations.
Implications for the Future
The introduction of these Interim Measures marks a significant step in the global move toward regulating AI technologies. It provides a legal framework to ensure the proper and ethical use of generative AI technologies when providing generative AI services in Mainland China. While the Interim Measures are specific to Mainland China, they may serve as a blueprint for other countries considering similar legislation. As AI technologies continue to evolve and become more prevalent in various fields, the importance of having comprehensive legal frameworks becomes even more critical. The Interim Measures for the Management of Generative Artificial Intelligence Services established by Mainland China represents a significant move in this direction. It will be interesting to observe how these measures will influence and shape the development and application of generative AI services in the future.
To gain additional insights about other regulatory trends and best practices for ethical AI governance in Mainland China, please refer to the industry news article titled “Navigating Regulatory Trends and Best Practices for Ethical AI Governance in Mainland China” here.
Editor’s note: For more ISACA AI resources, visit https://www.isaca.org/resources/artificial-intelligence.
