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Labeling of AI-generated and synthesized content

Using AI for customer service and marketing copy: does it need a label?

Basis: Measures for the Labeling of AI-Generated and Synthesized Content (人工智能生成合成内容标识办法)
Conclusion: There are two cases. Where an enterprise itself provides AI-generated and synthesized services to others (for example an AI customer service line or AI writing tool launched externally), it is a service provider regulated by the Measures and must, under Articles 4, 5 and 8, implement the explicit label, the implicit label in file metadata, and an explanation in the user agreement. Where an enterprise only uses AI as an internal tool to draft copy and then posts the content on a platform, the Measures directly bind the service provider and the dissemination platform, but at the point of posting Article 10 requires the user to declare it voluntarily and use the platform’s labeling function.

What you may need to do

  1. Decide your identity first: are you providing a generative service to others, or using someone else’s service
  2. If you provide the service: implement the explicit label, the metadata implicit label and the explanation in the agreement
  3. If it is internal use only: declare it voluntarily under Article 10 when posting to a platform
  4. Give AI customer service a prominent prompt in the interface, and keep review and provenance records for marketing copy

Provisions relied on

Measures for the Labeling of AI-Generated and Synthesized Content (人工智能生成合成内容标识办法) Article 2
These Measures apply to network information service providers that meet the situations set out in the Provisions on the Administration of Algorithmic Recommendations in Internet Information Services, the Provisions on the Administration of Deep Synthesis of Internet Information Services, and the Interim Measures for the Administration of Generative AI Services (hereinafter service providers) when they carry out labeling activities for AI-generated and synthesized content.
Measures for the Labeling of AI-Generated and Synthesized Content Article 3
AI-generated and synthesized content means information such as text, images, audio, video and virtual scenes generated or synthesized using AI technology.
Measures for the Labeling of AI-Generated and Synthesized Content Article 4
Where the generated and synthesized service provided by a service provider falls within the situations in Article 17, paragraph 1 of the Provisions on the Administration of Deep Synthesis of Internet Information Services, it shall add an explicit label to the generated and synthesized content in accordance with the following requirements:

One-line conclusion

It has to be judged in two cases. Where an enterprise itself provides AI-generated and synthesized services to others (for example an externally launched AI customer service, AI writing tool or AI question-and-answer bot), it is a service provider regulated by the Measures and should, under Articles 4, 5 and 8, implement the explicit label, the implicit label in file metadata, and the explanation of labeling method and styling in the user service agreement. Where an enterprise only uses AI as an internal tool to draft copy and then posts the content on a platform, the Measures directly regulate service providers and dissemination platforms, but at the posting stage Article 10 requires the user to declare it voluntarily and to use the labeling function provided by the platform.

Basis

Article 2 defines the regulated subjects: “These Measures apply to network information service providers that meet the situations set out in the Provisions on the Administration of Algorithmic Recommendations in Internet Information Services, the Provisions on the Administration of Deep Synthesis of Internet Information Services, and the Interim Measures for the Administration of Generative AI Services (hereinafter service providers) when they carry out labeling activities for AI-generated and synthesized content.”

Article 3 defines the content: “AI-generated and synthesized content means information such as text, images, audio, video and virtual scenes generated or synthesized using AI technology.” Marketing copy and customer service replies take the form of text and fall within the enumerated scope.

Article 4 places the explicit label requirement on the service provider: “Where the generated and synthesized service provided by a service provider falls within the situations in Article 17, paragraph 1 of the Provisions on the Administration of Deep Synthesis of Internet Information Services, it shall add an explicit label to the generated and synthesized content in accordance with the following requirements:” for text content, a prominent prompt may be added in the interactive scenario interface or around the text, which gives AI customer service a clear path for its interface prompt.

What you need to do

Step one is to decide your identity: are you a “service provider offering generated and synthesized services to others” or a “user of someone else’s service”. The test is whether the service form falls within the situations listed in Article 2 of the Measures, not whether you trained the model yourself.

If you provide the service: implement the explicit label under Article 4 (AI customer service can prompt in the interactive scenario interface), write the implicit label into file metadata under Article 5, explain the labeling method and styling in the user service agreement under Article 8, and prepare filing and security assessment materials as required.

If it is internal use only, published on your own channels only: declare it voluntarily under Article 10 when the content enters a dissemination platform and use the platform’s labeling function; for your own channels such as official accounts and your website, it is advisable to state AI involvement in the content to reduce the risk of misidentification.

AI customer service: give a prominent prompt in a fixed position of the dialogue interface, not only a one-off pop-up in the first session.

Marketing copy: keep the manual review records and content provenance, and avoid publishing undeclared, especially for material featuring a person’s image, a celebrity voice or a fictional scene.

Common pitfalls

Skipping every duty with the line “we only write copy with AI, we are not a service provider”, and ignoring the user-side declaration duty at the posting stage.

Assuming AI customer service replies are too short, or are dialogue rather than content — text is one of the forms explicitly listed in Article 3.

Building an externally facing AI tool without explaining the labeling method and styling in the user agreement (Article 8).

Pushing all labeling responsibility onto the large-model vendor used, and ignoring the fact that you provide the service to users.

Adding a prompt only to the final product, so exported, downloaded or copied files carry no label.

Frequently asked follow-ups

Q: Internal knowledge base question and answer, not offered externally — does it need a label?

A: The Measures apply to qualifying network information service providers (Article 2), so whether an internal system falls inside depends on the service form; the local cyberspace administration office sets the operative reading on boundary cases.

Q: When generating marketing copy through a large-model API, who is responsible for the label?

A: The API provider has its own duties as a service provider; and when the enterprise posts the content on a dissemination platform, the Article 10 duty to declare voluntarily rests with the enterprise. The two do not replace each other.

Q: Must AI customer service always carry a prompt in the interface?

A: Article 4 allows text content to carry a prominent prompt in the interactive scenario interface or around the text. AI customer service is an interactive scenario, so a prominent prompt in the interface is a workable and prudent approach.

Frequently asked follow-ups

If a company writes copy with AI for its own use, is no label ever needed?
It cannot be reduced to a rule of thumb. The Measures directly regulate service providers and dissemination platforms; but when content is posted to a dissemination platform, Article 10 requires the user to declare it voluntarily and use the platform’s labeling function.
How do you tell whether you are a “service provider”?
Check against the situations listed in Article 2 and see whether the service form falls within the situations set out in the provisions on algorithmic recommendation, deep synthesis and generative AI.

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