Fairness / unlawful bias in China
The GenAI Measures require that measures be taken to prevent discrimination on the basis of race, ethnicity, beliefs, nationality, region, gender, age, occupation, etc. in the process of algorithm design, training data selection, model generation and optimisation and provision of services. Further, the lawful rights and interests of others (including rights to likeness, reputation, honour, personal privacy and personal information) must also be respected.
Under the Recommendation Algorithms Provisions, service providers have a responsibility to safeguard specific protected groups, including minors and the elderly, by providing appropriate services that are in line with such groups' characteristics. Where a recommendation algorithm-based service is deployed in an employee work dispatching use case, they must also ensure workers' rights to compensation, rest and leave. Consumers' right to fair trading must also be protected where a service is deployed to provide goods or services to consumers.
The Trial Measures for Ethical Review and Service of Artificial Intelligence Technology (issued April 2026) further address fairness and bias by requiring AI ethics reviews to focus on fairness and justice, and by addressing specific issues such as training data selection criteria, algorithm rationality and measures to prevent bias and discrimination.
