China’s Supreme People’s Court has issued new judicial guidelines addressing the use and legal responsibility of artificial intelligence (AI) in civil cases, marking the country’s first comprehensive attempt to regulate AI-related disputes. The 24-article opinion, released on Monday, provides courts with a framework to handle issues involving deepfakes, voice cloning, AI hallucinations, and personal rights violations under existing laws such as the Civil Code, Cybersecurity Law, Copyright Law, and Personal Information Protection Law.
The guidelines aim to establish clear legal boundaries while promoting innovation in line with national policy priorities. A central concern is the unauthorized use of AI to produce deepfake images and videos, replicate individuals’ voices, or digitally resurrect deceased persons. The court noted such acts could infringe on a person’s image, voice, reputation, and personal identity rights.
Si Yanli, deputy director of the Supreme People’s Court research office, highlighted that generating and distributing an identifiable digital likeness without consent could constitute a violation. Similarly, AI-generated synthetic voices mimicking an individual’s unique tone and style without permission might also breach personal rights.
The court specifically referenced the rise of "one-click undressing" technologies that create sexualized images, emphasizing that victims may seek injunctions to prevent irreparable harm. Judges may order offenders to cease the dissemination of such content or require internet platforms and AI providers to take preventative measures. Recognizing the rapid creation and spread of AI-generated harmful material, the court underscored that traditional post-litigation remedies are insufficient for timely protection, stressing the importance of preemptive injunctions.
The guidelines further warn that severe misuse of deepfake technology for fraud, defamation, disclosure of personal data, or producing obscene content could result in criminal penalties.
Regarding liability for AI service providers, the court stated that providers are not expected to pre-screen all content but may be held accountable if they fail to act after being alerted to infringements. Users who deliberately employ AI to produce harmful or illegal content can also be held legally responsible.
The policy also addresses consumer disputes tied to AI, including “big-data price discrimination,” where algorithms offer varying prices or terms on identical products based on customer data, and the use of AI-generated celebrity impersonations in livestream sales. Consumers may seek punitive damages when such impersonation constitutes fraud.
The guidelines offer limited direction on copyright issues related to AI, stopping short of clarifying whether AI-generated works qualify for copyright protection or if training AI models with copyrighted material without authorization is infringing. Courts are encouraged to consider factors such as the nature of AI services, sourcing of training data, participant roles, and preventive measures when determining liability.
Legal experts like Wang Liming, vice-president of the China Law Society and Renmin University professor, have commented that China’s approach aims to strike a balance between fostering AI development and ensuring security, differentiating itself from regulatory models in the European Union and the United States. Unlike the EU’s focus on strong regulation and the U.S. emphasis on innovation with lighter rules, China’s guidelines seek a middle ground, embedding support for innovation as a key principle of judicial governance.
By comparison, the European Union’s recently enacted AI Act requires technology firms to label AI-generated content clearly, illustrating varied international approaches to regulating emerging AI technologies.