ChinaInterim Measures for the Management of Generative AI Services, Article 14
Interim Measures for the Management of Generative AI Services (生成式人工智能服务管理暂行办法), 2023, Art. 14
In force since .
An AI governance rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Market targeting
- Audit expectation
- none
What it requires
- Upon discovering illegal content your generative AI service has produced, promptly stop generating it, stop transmitting it, eliminate it, carry out rectification such as retraining the model, and report it to the relevant competent authority, all under the same 'promptly' standard the text sets from the moment of discovery.NIST AI RMFMANAGE 4.3
- If you discover a user has used the service to engage in illegal activity, warn the user, restrict their access to features, or suspend or terminate their access, in accordance with law and your service agreement.NIST AI RMFMANAGE 4.1
- Preserve records of that user's illegal activity and report it to the relevant competent authority. The text sets no promptness standard or deadline for this second reporting duty, stating only that it follows discovery.NIST AI RMFMANAGE 4.3
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MANAGE 4.1Post-deployment AI system monitoring plans are implemented, including mechanisms for capturing and evaluating input from users and other relevant AI actors, appeal and override, decommissioning, incident response, recovery, and change management.
- MANAGE 4.3Incidents and errors are communicated to relevant AI actors, including affected communities. Processes for tracking, responding to, and recovering from incidents and errors are followed and documented.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Article 14's first paragraph requires a provider that discovers illegal content to stop generating and transmitting it, eliminate it, retrain the model, and report to the relevant competent authority; that paragraph names no record of its own, only a report. Its second paragraph requires a provider that discovers a user's illegal activity to warn, restrict, suspend, or terminate that user's access, preserve relevant records (保存有关记录), and report; that clause names a record directly, which makes the duty explicit. Neither paragraph states a retention period, and none was found elsewhere in this Measures' 24 articles. The second paragraph's own words send a report to the relevant competent authority; they do not give that authority a power to inspect or demand the preserved record itself. Article 19 of the same Measures, outside this instrument's own citation, separately gives the competent authorities an on-request inspection power over training-data and algorithm information, which is where that access route actually lives.
- Kind
- Explicit
- As of
- Provision
- Article 14, second paragraph
- Trigger
- content_generation
- security_incident
What this law does
Article 14 of the Interim Measures for the Management of Generative AI Services requires a provider that discovers illegal content to promptly stop generating it, stop transmitting it, eliminate it, carry out rectification such as retraining the model, and report to the relevant competent authority.
The article separately requires a provider that discovers a user has used the service for illegal activity to warn, restrict, suspend, or terminate that user's access, preserve relevant records, and report to the relevant competent authority, and it states no promptness standard for that second reporting duty.
Both duties name only the relevant competent authority as addressee, without naming the Cyberspace Administration of China by title, and this reporting duty is distinct from the content-labeling duty the same Act imposes at Article 12.
When LexLint raises it
When your app profile says your app generates content with AI or deploys a chatbot.
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