The Draft Rules, for the first time, focus on activities that use deep synthesis technologies to provide Internet information services and activities that provide technical support to deep synthesis services.

The following are key points of the Draft Rules.

The purpose of the Draft Rules is "to regulate activities that use deep synthesis technologies to provide Internet information services, as well as activities that provide technical support to deep synthesis services carried out in the territory of China, while protecting the legitimate interests and rights of users." (Article 1)

1. "Deep synthesis technologies" are defined as the technologies that utilize algorithms, such as deep learning and virtual reality, to synthesize or generate text, photo, audio, video, or virtual scenes. Such technologies include, but are not limited to:

(1) auto-generation of text or Q&As;

(2) text to audio conversion;

(3) music synthesis;

(4) deep fake pictures or video;

(5) painting; and

(6) 3-D reconstruction. (Article 2)

2. "Deep synthesis services" is defined as applying deep synthesis technologies to provide internet information services. (Article 2)

1. "Deep synthesis service providers" are entities that provide deep synthesis services, as well as those that provide technical supports to deep synthesis services. (Article 2)

2. "Deep synthesis service users" are entities and individuals that use deep synthesis services to produce, copy, publish and disseminate information. (Article 2)

3. “Internet application store service providers" are defined in Part V. "Additional Obligations" below. (Article 16)

1. Service providers must obtain separate consents from individuals if the service has functions that can make major edits of the biometric information, such as face or voice. (Article 12)

2. The Draft Rules stipulate rules, standards, and procedures for identifying illegal or inappropriate information, as well as measures to penalize those who use deep synthesis technologies to generate illegal or inappropriate information. (Article 10)

3. Service providers must authenticate the real identities of deep synthesis service users.  They may not allow a user to publish information if such a user fails to authenticate his or her real identity. (Article 9)

4. Service providers must set up and improve the management mechanisms for algorithm review, user registration, data security, protection of minors, personal information protection, and training for employees. (Article 7)

5. Service providers must ensure that data is processed legally, and safeguard data security. (Article 12)

6. Service providers must comply with requirements on personal information protection. (Article 12)

1. The Draft Rules require service providers for the following deep synthesis services to identify deep synthesis information content in a conspicuous way, to effectively alert the public about the synthetic nature of the information content:

(a) where providing services such as smart dialogue or smart writing, etc., which simulate natural persons to generate or edit texts, the service provider must prominently place a note about the source of the text;

(b) where providing speech generation services, such as voice synthesis and imitations or editing services that significantly change personal identification characteristics, a note must be prominently placed by means such as vocal explanation in a reasonable part of the audio content;

(c) where providing services that generate images or video of virtual persons, such as face generation, face swapping, face manipulation, and gesture manipulation, or editing services that significantly change personal identification characteristics, a note must be prominently placed in a conspicuous position in the image or video;

(d) where generating or editing services with immersive scenes are provided, a note must be prominently placed in a conspicuous position in the virtual scene; and

(e) where other services that have functions for generating or editing information content are provided, a note must be prominently placed in a conspicuous position in tests, images, sounds, video, virtual scenes, and so forth.

(f) Where service providers offer other types of deep synthesis services, they must place similar notes. (Article 14)

2. The Draft Rules require online app store operators to:

(a) verify the security assessment and security applications of deep synthesis security providers; and

(b) take measures, such as immediately prohibiting mobile applications from launching, or removing mobile applications from, the app store if they violate laws. (Article 16)

1. Where Articles 7, 8, 10, 11, 13, 14, 15, 16,17, 18, 20, or 21 of the Draft Rules are violated, and there are provisions in laws and regulations to address such violations, those provisions must apply.  Where the laws and regulations are silent, the regulators must give warnings, and order corrections within a set period, and the operations must be stopped prior to corrections.  Where corrections are not taken as ordered, or if the violations are serious, the regulators may order a suspension of the operation, and impose a fine of between 10,000 and 100,000 RMB.

2. Where Articles 6, 9, 12, or 19 of the Draft Rules are violated, the regulators must impose administrative penalties.

3. Where violations of these Draft Rules cause damages to others, the service provider may incur civil liabilities.  Where it constitutes a violation of public security laws, then there may be administrative or even criminal penalties. 

China's regulation on deep synthesis services is still in the developing stage, and more regulations and national standards may be issued in 2022 and going forward.  To be well prepared for the regulatory challenges, service providers should pay close attention to legislative developments, and seek professional advice when necessary.