On January 10, 2023, China’s Administrative Provisions on Deep Synthesis in Internet-Based Information Services (Deep Synthesis Provisions) entered into effect. The deep synthesis provisions were jointly issued by three central government regulators — the Cyberspace Administration of China (CAC), Ministry of Industry and Information Technology (MIIT), and Ministry of Public Security (MPS) — on November 25, 2022.
Commonly known as “deepfake,” deep synthesis technology “uses powerful machine learning and artificial intelligence techniques to edit or synthesize visual and audio information that can thus produce ‘fake’ content.” This is not the first Chinese departmental rule regulating AI-related technologies. Previously, in December 2021, the CAC, MIIT, MPS, and State Administration for Market Regulation jointly issued another set of provisions regulating the implementation of algorithm recommendation. (Internet Information Service Algorithmic Recommendation Management Provisions (Algorithmic Recommendation Provisions) (Dec. 31, 2021, effective Mar. 1, 2022), English trans. by Digichina.)
The deep synthesis provisions define “deep synthesis technologies” as “technologies that use generative sequencing algorithms, such as deep learning and virtual reality, to create text, images, audio, video, virtual scenes, or other information.” Those technologies include, but are not limited to, technologies for generating or editing the following:
(1) Text content: such as text generation, text style conversion, and Q&A generation.
(2) Speech content: such as text-to-speech conversion, voice conversion, and voice attribute editing.
(3) Non-speech content: such as music generation and background sound editing.
(4) Biometric features in images or video content: such as face generation, face swapping, personal attribute editing, face manipulation, and gesture manipulation.
(5) Non-biometric features in images or video content: such as image generation, image enhancement, and image restoration.
(6) Digital characters or virtual scenes: such as 3D reconstruction and digital simulation. (Deep Synthesis Provisions art. 23, English trans. by Lexis China (by subscription).)
The deep synthesis provisions set out comprehensive responsibilities for deep synthesis service (DSS) providers and DSS technical supporters concerning data security and personal information protection, transparency, content management and labeling, technical security, etc. For example, DSS providers and DSS technical supporters that provide a function which edits face, voice, or other biometric information must prompt the users of their deep synthesis services to, by law, inform the individual whose information is to be edited and obtain the individual’s specific consent. (Art. 14.)
The deep synthesis provisions further require DSS providers and DSS technical supporters to enhance technical management and to regularly review, evaluate, and validate the mechanism and logic of their generative or synthetic algorithms. If they provide any model, template, or other tool with the functions of generating or editing face, voice, other biometric information, or any special object, scene, or other non-biometric information that may involve national security, national image, national interests, or social and public interests, the DSS providers and DSS technical supporters must by law perform a security assessment or have one performed by a professional institution. (Art. 15.)
According to the deep synthesis provisions, DSS providers that have “the attributes of public opinion or the capacity for social mobilization” are subject to the procedures for registration, change of registered particulars, and deregistration in accordance with the algorithmic recommendation provisions. (Art. 19.)
Despite the aforementioned AI-related rules, China has not enacted a comprehensive AI law or state regulation, but local governments have started issuing AI regulations applicable to their own jurisdictions. In particular, Shenzhen and Shanghai in 2022 issued their own AI regulations aimed at promoting the development of the AI industry. (Shenzhen Special Economic Zone Regulations for the Promotion of the Artificial Intelligence Industry (adopted by the Shenzhen Municipal People’s Congress Standing Committee on Aug. 30, 2022, effective Nov. 1, 2022), English trans. by CSET); Shanghai Municipality Regulations for the Promotion of the Development of the Artificial Intelligence Industry (adopted by the Shanghai Municipal People’s Congress Standing Committee on Sept. 22, 2022, effective Oct. 1, 2022), English trans. by CSET).
Laney Zhang, Law Library of Congress
April 26, 2023
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