Interim Measures for the Management of Generative Artificial Intelligence Services

Overview

The Interim Measures for the Management of Generative Artificial Intelligence Services (生成式人工智能服务管理暂行办法) were jointly issued by seven Chinese government authorities and came into force on 15 August 2023. They represent China's first comprehensive regulatory framework specifically targeting generative AI, following earlier sector-specific measures on algorithmic recommendations (2022) and deep synthesis technology (2022), which together form a layered AI regulatory architecture. The Measures apply to organisations and individuals that provide generative AI services to the public within China, including text, image, audio, video, and code generation. Providers must ensure that training data is lawfully obtained, that generated content does not violate Chinese law or undermine socialist core values, and that effective mechanisms are in place to prevent the generation of prohibited content categories including content that subverts state power, endangers national security, spreads disinformation, infringes intellectual property, or discriminates against individuals. Providers are required to implement security assessments and register their algorithms with the CAC before offering services to the public, consistent with obligations under China's Algorithm Recommendation Regulations. User identity verification (real-name registration) is mandatory, and providers must retain logs of user inputs and generated outputs for a minimum period. Labelling requirements apply to AI-generated content to enable identification. Providers must establish complaint and reporting mechanisms and cooperate with regulatory investigations. The Measures include a principle of proportionality for obligations applicable to providers offering services only within enterprise environments or in closed networks, which are subject to a reduced compliance burden. The CAC has signalled that the Interim Measures will be revised and potentially elevated to a permanent administrative regulation as experience accumulates.

Key Requirements

• •Conduct and submit a security assessment to the CAC prior to public launch of generative AI services, consistent with the Measures for Security Assessment of Internet Information Services with Public Opinion Attributes or Social Mobilisation Capabilities.
• •Register algorithms used in generative AI services through the CAC's algorithm filing and registration system.
• •Ensure all training data is lawfully obtained and does not infringe intellectual property rights; document data sourcing and processing methods.
• •Implement content moderation mechanisms to prevent generation of content prohibited under Chinese law, including content endangering national security, spreading disinformation, or violating personal privacy.
• •Enforce real-name registration for all users accessing generative AI services.
• •Retain logs of user inputs and AI-generated outputs for a minimum of six months.
• •Label AI-generated content in a manner that enables users and regulators to identify it as machine-generated.
• •Establish accessible user complaint and reporting channels; respond to user reports within required timeframes.
• •Provide users with clear service agreements disclosing the nature and limitations of the generative AI service.
• •Cooperate fully with CAC and co-issuing authority inspections, data requests, and investigations.
• •Protect the lawful rights of users, including data subject rights under the Personal Information Protection Law (PIPL).

Who It Affects

Effective Date

2023-08-15