The following document is a preliminary draft of China’s proposed AI Law that has circulated among legal scholars. The draft law specifies various scenarios in which AI developers, providers, or users are liable for misuse of AI tools. It also allows for the use of copyrighted material for model training in most cases, and provides intellectual property protections for content created with the assistance of AI technology.

An archived version of the Chinese source text is available online at:    https://perma.cc/L9E4-5K3V

Artificial Intelligence Law of the People’s Republic of China (Draft for Suggestions from Scholars)

Chapter 1      General Provisions

Article 1     Legislative Intent

This Law is enacted in accordance with the Constitution in order to promote technological innovation in artificial intelligence (AI), facilitate the healthy development of the AI industry, regulate AI product and service development, provision, and use activities, as well as their supervision and management, safeguard national security and the public interest, and protect the legitimate rights and interests of individuals and organizations.

Article 2     Scope of Application

This Law applies to AI development, provision, and use activities within¹ the People’s Republic of China (PRC), and to the supervision and management thereof. This Law applies to those AI development, provision, and use activities outside² the PRC that may affect the national security or public interests of, or the legitimate rights and interests of individuals or organizations in, the PRC.

Article 3     Principle of Scientific and Technological Ethics

The development of AI shall (应当) adhere to a people-centered (以人为本) approach, respect personal freedom and dignity, promote the well-being of the people, and provide assurance for the public interest, so as to guide and regulate the healthy and orderly development of the AI industry. AI developers, providers, and users shall prevent and control the possible ethical risks of AI in accordance with law.

To view the rest of this translation, download the pdf below.

1. Translator’s note: The Chinese word 境內 jìngnèi, translated throughout as “within the PRC,” literally means “inside the borders [of mainland China].” China considers Hong Kong, Macao, and Taiwan to be part of China but not to be “within the PRC.”
2. Translator’s note: The Chinese word 境外 jìngwài, translated throughout as “outside the PRC,” literally means “outside the borders [of mainland China].” The term encompasses not just foreign countries but also Hong Kong, Macao, and Taiwan.