China’s Approach to Regulating Artificial Intelligence

On July 10, 2023, the Cyberspace Administration of China, also known as the State Internet Information Office (国家互联网信息办公室), released the Interim Administrative Measures of Generative Artificial Intelligence Services (生成式人工智能服务管理暂行办法) (the “Generative AI Measures”). The Generative AI Measures, which will become effective on August 15, 2023, signal China’s tentative support of its booming artificial intelligence (“AI”) industry while emphasizing security as a priority.

As the Generative AI Measures and China’s other AI rules reflect, China considers AI industry development a strategic priority and must navigate a delicate balance between preserving its existing control over the flow of information in mainland China and competing globally for technological leadership in a burgeoning industry. On the one hand, China must incorporate generative AI within its existing internet control framework. On the other hand, China is keen on promoting its domestic AI industry, and therefore aims to avoid overly burdensome regulations that could impede industry development.
In this legal update, we survey comparative AI regulatory regimes and summarize the substance of existing AI regulation in China, capturing key regulatory areas and principles informing China’s current and future legislation related to AI.