China's Interim Measures on generative AI: Origin, content and significance

Abstract

On 15 August 2023, China's new rules on generative artificial intelligence (AI) entered into force. This article explores the underlying reasons and context for this rapid regulatory development. It argues that China's swift adoption of the Interim Measures on generative AI has been enabled by its traditional approach to digital policy, together with its renewed system of governance and the extensive work that Chinese regulators had conducted on AI ethics and relevant principles. The article also analyses some of the substantial rules laid down by the Interim Measures, offering scholars and policymakers working on generative AI regulation in other jurisdictions the possibility to engage with the solutions chosen by the Chinese regulators. To this end, the article brielfy presents key provisions regarding training data and IP rights; labelling of synthetic content; algorithm registration; accountability for content; and the applicability of existing laws to generative AI. It compares these aspects of the Interim Measures with examples from the European Union and the United States.