On March 14, 2025, the Cyberspace Administration of China (“CAC”) released the final Measures for Labeling Artificial Intelligence-Generated Content and the mandatory national standard GB 45438-2025 Cybersecurity Technology – Labeling Method for Content Generated by Artificial Intelligence (collectively “Labeling Rules”).  The rules will take effect on September 1, 2025.

The Labeling Rules impose explicit and implicit labeling obligations on “internet information service providers” and “providers of online content distribution services” that create AI-generated content.  The Rules implement the labeling requirements set forth in China’s existing regulations on algorithmic recommendation, deep synthesis, and generative AI (“GenAI”).

The Rules introduce two primary types of labels. 

  • Explicit Labels:  Visible indicators (such as text, audio, or graphics) that clearly inform users when content is AI-generated. Covered providers are required to affix these labels to AI-generated content that could mislead or confuse the public. For example, in the case of text generation services (e.g., chatbots), a visible label (such as a prompt text) should be placed at an appropriate location within the generated text (e.g., at the beginning, middle, or end). If the AI-generated content can be saved as a file, the explicit label must be included within the file.
  • Implicit Labels:  Metadata embedded within AI-generated content, containing essential details such as the service provider’s name and a content ID.

The Labeling Rules also require providers of online content distribution services (e.g., social media platforms) to implement mechanisms to detect and reinforce AI content labeling, ensuring traceability.  The mechanism should be able to categorize AI-generated content into three groups—confirmed, possible, or suspected AI-generated content.

  • Confirmed AI-Generated Content:  If an implicit label is detected, distribution platforms should add a clear label indicating the content is AI-generated when distributing it.
  • Possible AI-Generated Content:  If no implicit label is detected but the user reports the content as AI-generated, platforms should add a label reminding the public that the content is possibly AI-generated.
  • Suspected AI-Generated Content:  If neither an implicit label is detected nor a user report suggests the content is AI-generated, but explicit labeling or other evidence indicates the content was generated through AI tools, platforms should label it as suspected AI-generated content.

For each of these three groups of AI-generated content, platforms must also embed metadata indicating content nature (i.e., confirmed, possible, or suspected AI-generated content), platform name, or content ID.  

Beyond the new Labeling Rules, China has taken additional steps to regulate AI technologies in recent months:

  • Draft GenAI Security Incident Response Guidelines Seeking Comments: On December 17, 2024, the National Technical Committee 260 on Cybersecurity released the draft Guidelines for Emergency Response to Generative Artificial Intelligence Services for public consultation.  The draft provides non-binding guidance to GenAI service providers on the classification and response to GenAI-related security incidents. Under the draft guidelines, GenAI security incidents are categorized into ten types, including common categories such as information security incidents, data security incidents, and cyberattacks.  Incidents are classified into four levels, from lowest to highest: general incidents (Level 4), relatively major incidents (Level 3), major incidents (Level 2), and significant incidents (Level 1).  The draft outlines a four-phase response: preparedness, monitoring, emergency handling, and review.
  • Enforcement Action Targeting AI Services: On February 21, 2025, the CAC announced key tasks for 2025 “Qinglang” series of special enforcement actions targeting misinformation online and other prominent online issues.  Regulating the use of AI technology is one of the key tasks.  The CAC’s enforcement will focus on, among other things, strengthening the labeling of AI-generated content, cracking down on the generation and dissemination of false information, and regulating AI-related applications.
Photo of Yan Luo Yan Luo

With over 10 years of experience in global technology regulations, Yan Luo specializes in the intersection of law and technology, focusing on regulatory compliance and risk mitigation for technology-driven business models. Her key strengths include data protection, cybersecurity, and international trade, with a…

With over 10 years of experience in global technology regulations, Yan Luo specializes in the intersection of law and technology, focusing on regulatory compliance and risk mitigation for technology-driven business models. Her key strengths include data protection, cybersecurity, and international trade, with a particular emphasis on adapting to regulatory changes and ensuring compliance to support technology sector business strategies.

In recent years, Yan has guided leading multinational companies in sectors such as cloud computing, consumer brands, and financial services through the rapidly evolving cybersecurity and data privacy regulations in major Asian jurisdictions, including China. She has addressed challenges such as compliance with data localization mandates and regulatory audits. Yan’s work includes advising on high-stakes compliance issues like data localization and cross-border data transfers, navigating cybersecurity inspections for multinational companies, and providing data protection insights for strategic transactions. Additionally, Yan has counseled leading Chinese technology companies on global data governance and compliance challenges across major jurisdictions, including the EU and the US, focusing on specific regulations like GDPR and CCPA.

More recently, Yan has supported leading technology companies on geopolitical risk assessments, particularly concerning how geopolitical shifts impact sectors at the cutting edge, such as artificial intelligence and semiconductor technologies.

Yan was named as Global Data Review’s “40 under 40” in 2018 and is frequently quoted by leading media outlets including the Wall Street Journal and the Financial Times.

Prior to joining the firm, Yan completed an internship with the Office of International Affairs of the U.S. Federal Trade Commission in Washington, DC. Her experiences in Brussels include representing major Chinese companies in trade, competition and public procurement matters before the European Commission and national authorities in EU Member States.

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Photo of Xuezi Dan Xuezi Dan

Xuezi Dan is an associate in the firm’s Beijing office. She focuses on regulatory compliance, with a particular focus on data privacy and cybersecurity. Xuezi helps clients understand and navigate the increasingly complex privacy regulatory issues in China and cross major Asian jurisdictions.

Xuezi Dan is an associate in the firm’s Beijing office. She focuses on regulatory compliance, with a particular focus on data privacy and cybersecurity. Xuezi helps clients understand and navigate the increasingly complex privacy regulatory issues in China and cross major Asian jurisdictions. With the rapid revolution of artificial intelligence (AI) technology and regulatory framework, she advises on AI related issues from development to implementation. She also has experience advising clients on general corporate and antitrust matters. Xuezi has advised leading companies in various industries, including technology, healthcare, automotive, and telecommunications.

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