China's Top Court Issues First Judicial Guidelines on AI Misuse

China's Supreme People's Court has unveiled its first-ever judicial guidelines governing cases involving artificial intelligence, a move aimed at curbing the misuse of rapidly advancing technologies while strengthening individual rights in the digital era.

The guidelines, released on Monday, address several issues that have sparked widespread public concern, including AI-powered face-swapping, voice cloning, doxing, price discrimination driven by big data, and legal questions surrounding autonomous driving.

Speaking at a press conference, Si Yanli, deputy head of the court's Research Office, highlighted the ease with which modern AI tools can violate personal rights. She noted that face-swapping technology can indiscriminately capture a person's likeness, while voice-cloning tools can "steal" someone's voice for a cost of just a few yuan.

Under Article 4 of the new guideline, using AI without consent to process a person's name, likeness, or other personal information—and then generating an identifiable virtual representation of that individual for use or public display—constitutes an infringement of personality rights, including the right to a name and the right to likeness.

The guidelines also establish a legal pathway for victims to seek urgent relief. Si explained that if a person has evidence that AI-generated content, such as a fabricated "sexual rumor" involving face-swapping, could cause irreparable harm, they may apply to a people's court for an injunction against personality rights infringement.

Following review, the court can order the offending network user to halt the infringing activity, or direct network service providers and AI service providers to take necessary measures without delay.

The issuance marks a significant step in China's judicial approach to emerging technology, providing a framework for courts to handle disputes arising from the growing integration of AI into daily life.