AI Policy and Regulatory Frameworks Take Shape in APAC
Since the launch of ChatGPT last year, artificial intelligence (AI) has dominated media headlines, industry events and corporate communications. AI received more than a thousand mentions during recent S&P 500 earnings calls. The emerging technology has invigorated public policy discussions about its risks and benefits. The outcome of these discussions will form the cornerstone of government AI policies and regulations, with significant implications for businesses, not only in technology but across sectors.
AI legislation and regulations in most Indo-Pacific countries are still in the nascent stages, with the focus more on the development of guidelines and ethical principles. However, some governments have already implemented or are in the process of passing AI legislation. Within regional intergovernmental bodies and forums, the Association of Southeast Asian Nations (ASEAN) is drafting the ASEAN Guide on AI Governance and Ethics and the Asia Pacific Economic Cooperation’s (APEC) Committee on Trade and Investment seeks to establish consensus-based norms and principles for AI. Given governments’ growing recognition of AI’s importance and the potential impact new policies and legislation can have on companies, BGA has compiled a snapshot and analysis of the AI policymaking and regulatory trends in countries throughout the Indo-Pacific.
WHAT YOU NEED TO KNOW
- Governments in the Indo-Pacific have been cautious in deciding whether to adopt AI legislation and regulation, in contrast to jurisdictions like the European Union. No government in the region has issued a comprehensive AI law or framework, but several are in the drafting process, and many have already issued AI guidelines and national strategies. China has issued regulations for specific AI systems, such as generative AI, but has yet to introduce a comprehensive law regarding AI.
- Governments face vastly differing opinions, even among experts, about how AI should be regulated or if it should be regulated at all. Competing interests, such as the need to foster growth and innovation while ensuring citizen protections, and the tradeoffs between data sovereignty and interoperability and policy harmonization across different jurisdictions animate policy discussions. These factors have led to a cautiously pragmatic approach to AI regulation.
- Some governments in the region are introducing single overarching frameworks, such as AI acts, while others are attempting to revise or modify existing regulations to accommodate AI technology. Companies should be mindful that governments may intend to introduce regulation impacting AI products and services even though they might not have introduced overarching legislation. Businesses can view this as an opportunity to advocate for targeted regulation that impacts specific aspects of AI.
- Given the enormous complexity of the AI issue, companies with strong AI competencies should consider proactive engagement with governments and civil society to share expertise and best practices. Such input can foster corporate reputation and institutional capital building with governments while promoting a greater understanding and trust of the technology. Companies that hope to shape regulation of AI services and products need to develop customized approaches for each market, given the varying stages of AI development and adoption.
For more detailed analysis on each of the markets, please click on the countries/territories below:
Australia | Cambodia | China | Hong Kong | India | Indonesia | Japan | Korea | Malaysia | Pakistan | Philippines | Singapore | Taiwan | Thailand | Vietnam
APAC Regulatory Snapshot | APAC Government Policy Reference Documents
If you have any comments or questions or would like to discuss more on the topic of AI in any of the markets listed, please contact Jay Harriman at jharriman@bowergroupasia.com.
Best Regards,
Jay Harriman
Senior Director, BowerGroupAsia
To download the full report, please click here. Password: RegsAIBGA11102023
October 2023
APAC Country Trends and Developments
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Australia | No | No | No | Yes |
Australia does not have a comprehensive legal or regulatory framework to govern AI. The government has thus far preferred a more hands-off approach to regulation, hoping to foster technological innovation, while recognizing that safety is an important concern. However, a host of existing laws could be applied to govern and regulate the use of AI. These include the country’s data, privacy, copyright, intellectual property (IP), consumer protection, criminal, online and anti-discrimination laws. Additionally, Federal, State and Territory Data and Digital Ministers are working toward a nationally consistent approach to AI. This is reflected in education, where the federal, state and territory counterparts are developing rules for AI use in schools.
Highlighting its light approach to AI regulation, the Department of Industry, Science and Resources in 2019 issued an AI Ethics Framework to promote the ethical and inclusive use of AI. The voluntary framework includes eight broad-based AI principles, including privacy protection, security and reliability and safety. More recently, from June to August 2023, the department led a public consultation on AI through its “Safe and Responsible AI in Australia” discussion paper. Responses to this public consultation showed that there is divided opinion among industry stakeholders on whether Australia explicitly needed new laws to address the growth and management of AI.
State governments are also playing an important role in AI policy development. New South Wales (NSW) unveiled its AI strategy in 2020 to increase jobs and workforce skills and improve government services and relationships with industry. It followed with mandatory AI Principles and then in 2022 with the AI Assurance Framework. This framework could serve as the blueprint for a national AI framework; in fact, federal, state and territory data and digital ministers have been engaged in discussions to create a national AI assurance framework based on NSW’s existing framework.
On the national policy front, the federal government seeks to support the growth and development of AI technology through increased budget allocations. The 2023-24 budget allocates AUD 101.2 million (US$65 million) for the integration of quantum and AI technologies into business operations. Of the allocation, AI will receive AUD 41.2 million ($26.5 million) to support greater adoption and use. This will also be used to support the National Artificial Intelligence Center and Responsible AI Network. Specifically, the budget sets aside AUD 17 million ($10.9 million) for the Responsible AI Adopt Program, which provides funding grants of AUD 3 million to AUD 5 million ($2 million to $3 million) to businesses running a center to help small and medium-sized enterprises develop expertise and adopt AI technology.
AI Government Policy Documents
- Australia’s Artificial Intelligence Ethics Framework, November 7, 2019
- NSW AI Strategy, September 4, 2020
- NSW AI Ethics Policy
- NSW Assurance Framework
- Supporting responsible AI: discussion paper, June 1-August 4, 2023
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Cambodia | No | No | No | No |
Cambodia does not have a legal or regulatory framework to govern AI. Nevertheless, the Ministry of Industry, Science, Technology and Innovation released the AI Landscape in Cambodia: Current Status and Future Trends report in May 2023. The report recommends that the public and private sectors adopt AI to improve productivity, efficiency and cost effectiveness. It suggests that AI regulation be crafted to fit Cambodia’s national vision, while examining those from the Organization for Economic Cooperation and Development and other major organizations. The government’s Digital Tech Roadmap also references AI development.
AI regulation is not expected soon because Cambodia is still in the process of drafting its personal data protection and privacy and cybercrime laws; enactment timelines have yet to be set. Nevertheless, should an AI law emerge, the government is likely to prioritize state and business interests, reflecting the government’s priority to support growth through increased business and investment.
AI Government Policy Documents
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
China | Yes* | Yes | Yes | Yes |
*Limited to Specific AI Systems
China’s approach to AI regulations have so far targeted specific AI systems and applications as opposed to more comprehensive frameworks like the EU Act. For instance, the Provisions on the Administration of Deep Synthesis Internet Information Services focuses on generative AI, as does the Cyberspace Administration of China’s Interim Measures for the Management of Generative Artificial Intelligence Services, which was adopted in July 2023.
However, this may change as the State Council has indicated that it will bring a draft AI law to the National People’s Congress for review within the year. This law and its provisions will likely align closely with the government’s national economic and security priorities, as seen in the recently passed generative AI regulations.
China’s promotion of AI industry development is reflected in its New Generation Artificial Intelligence Development Plan, published in 2017. The plan outlines several key foundational tasks. It focuses on AI development, including establishing an open and collaborative AI technology innovation system in the economy, using AI to enhance public safety and services and strengthening foundational infrastructure such as networks, big data and high-performance computing. The plan calls on the government to provide public funds and financial incentives and encourages private investment in the AI sector.
At the provincial and city level, AI policies are also taking shape, with Beijing, Shanghai and Shenzhen all announcing AI development plans in May 2023. Shenzhen in 2022 passed the Shenzhen Special Economic Zone Artificial Intelligence Industry Promotion Regulations, the first AI legislation among the provinces. The regulation supports AI industry development through commitments to increase research and development and establish regulatory frameworks and industry standards.
AI Government Policy Documents
- A New Generation Artificial Intelligence Development Plan, July 20, 2017 (Mandarin, English)
- Shenzhen Special Economic Zone Artificial Intelligence Industry Promotion Regulations, November 1, 2022
- Administrative Provisions on Algorithm Recommendation for Internet Information Services, March 1, 2022
- Provisions on the Administration of Deep Synthesis Internet Information Services, November 25, 2022
- Interim Measures for the Management of Generative Artificial Intelligence (AI) Services, July 10, 2023 (English, Mandarin)
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Hong Kong | No | No | Yes | No |
Hong Kong has not adopted a statutory law or regulatory framework to govern AI. The government relies on existing regulations concerning offline crimes such as the legal framework addressing the dissemination of untrue or inappropriate information and the Crimes (Amendment) Ordinance 2021. It also depends on regulations on data such as the Privacy Data Protection Ordinance.
Government bodies have also issued nonbinding guidelines, such as the Office of the Privacy Commissioner for Personal Data’s Guidance on the Ethical Development and Use of Artificial Intelligence and the Ethical Artificial Intelligence Framework issued by the Office of the Government Chief Information Officer to government agencies regarding the use of AI. Hong Kong’s Secretary for Innovation, Technology and Industry Sun Dong has been a vocal proponent of AI development, lauding the potential of AI systems like ChatGPT.
Earlier this year, Sun Dong suggested establishing an AI task force to recommend how to harness AI’s opportunities and address challenges. Legislative councilors have floated the idea of developing an intellectual property licensing regime for AI-generated creations. Additionally, the government’s 2023-2024 budget included HKD 10 billion ($1.3 billion) for innovation and technology, with HKD 3 billion ($383.7 million) for investments in AI and supercomputing, including an AI supercomputing center.
The government will likely continue to monitor and reference international and regional AI regulatory practices before it implements concrete legislative responses to AI technology.
AI Government Policy Documents
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
India | No | Yes | Yes | Yes |
AI applications are covered under the Information Technology Act 2000 and the act’s rules and subordinate legislation. This cautious regulatory approach stems from the government’s focus to make AI a growth sector with adequate safeguards against misuse and to leverage the responsible development of AI to ensure social and inclusive growth.
The Modi government is focused on data and consumer protection through regulations such as the Digital Personal Data Protection Act and the Digital India Bill, which is being drafted and is likely to introduce provisions for AI-based algorithmic accountability for citizens. The Ministry of Communication has established an AI standardization committee to develop interface standards and an AI stack in India. In 2017, the Ministry of Commerce and Industry established an 18-member Task force on Artificial Intelligence to leverage AI for India’s economic transformation and formulate a policy and legal framework to accelerate deployment of AI technologies. Moreover, India’s Ministry of Defence (MoD), constituted a multi-stakeholder Task Force under the Chairmanship of Tata Sons Chairman, N Chandrasekaran, to explore the military use of AI — in March 2018. The government has put emphasis on the need to promote ethical and responsible AI development globally and is therefore promoting international alignment on AI regulation.
As the chair of the Global Partnership on Artificial Intelligence (GPAI), India is driving the agenda toward global consensus on responsible and inclusive development of AI. The partnership’s first working group discussion was held in June 2023, and a series of discussions are expected before the annual summit in December 2023. As the GPAI Chair, India will host the first edition of Global IndiaAI 2023 Summit on October 14/15, 2023. The Summit’s steering committee will be chaired by India’s Union Minister of State for Electronics & IT, Rajeev Chandrasekhar. The Summit will also showcase India’s AI initiatives including — AI Bhashini (AI-powered language translation platform), India Datasets Program, India AI Future Design Program for startups, and India AI Future Skills Program. Noting the importance of AI regulation, Prime Minister Modi — at the G20 Summit — underscored the need to go above “Principles on AI” adopted in 2019. He suggested a common framework for responsible human-centric AI governance. To this end, the New Delhi G20 Declaration highlighted the need to pursue a “pro-innovation regulatory/governance approach”, which would not only aim to maximize the benefits from AI but also consider the risks associated with it.
Indian software and big tech firms are adopting AI to offer solutions for healthcare, finance, e-commerce and agriculture. US-based NVIDIA is collaborating with the Tata Group and Reliance Industries to develop AI infrastructure in India. Microsoft announced its investment in an Indian startup, Builder.ai, to create AI-based solutions for businesses.
Technology giants such as Amazon and Google have announced mega investments — $13 billion and $10 billion, respectively — into India by 2030, including in the AI domain. These investments include funding for Google’s AI Research Center in Bengaluru, cloud platforms and India’s AI startup ecosystem. Startups such as Verse ($1.8 billion), Ola Electric ($866 million), Fractal ($685 million) and Uniphore ($658 million) have also invested in AI applications.
According to AI Index Report by Stanford University, India leads in AI skill penetration, ranks fifth in terms of number of startups and receipt of private investment and is the third-most positive country about AI products Indian startups are providing AI as a technology solution to end customers and application developers — between 2021 and 2023, Indian startups providing generative AI has more than doubled in number.
AI Government Policy Documents
- Report of the Artificial Intelligence Task Force, 2018
- Principles for Responsible AI, 2021
- National Strategy for Artificial Intelligence, 2018
- G20 New Delhi Leaders’ Declaration, 2023
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Indonesia | No | No | No | Yes |
Indonesia does not have dedicated legislation or regulations for AI, but there are existing regulations that can be applied to AI systems and applications. These include the Electronic Information and Transaction Law No. 11 of 2008 and its amendments and Government Regulation No. 71 of 2019 on Electronic System Operation.
The National Strategy for Artificial Intelligence 2020–2045, also known as Stranas KA (Strategi Nasional Kecerdasan Artifisial), was launched in August 2020 to commemorate National Technology Awakening Day. It serves as national AI policy guidance for government ministries, agencies, local authorities and relevant stakeholders. The strategy prioritizes health, bureaucratic reform, education and research, food security and smart cities and emphasizes collaboration between the government, industry, community and academics to develop mutually beneficial outcomes in AI.
A noteworthy aspect of Indonesia’s AI policy development is the Ministry of Industry’s AI-focused organization KORIKA, mandated by Stranas KA, which works to further AI research, development and innovation through multistakeholder collaboration. KORIKA drafted a presidential regulation on the National Strategy for Artificial Intelligence in 2021, and a presidential decree is pending President Joko Widodo’s signature. KORIKA also announced in June 2023 that it was keen to develop an AI system that is aligned with Indonesia’s national values, also referenced in the Stranas KA.
Similarly, the Ministry of Communication and Informatics (KOMINFO) is set to issue the Ministerial Circular Letter focusing on AI ethics guidelines in December 2023. KOMINFO emphasized the Circular Letter will not have any legal enforceability and the government is not planning to regulate AI anytime soon but rather establishing an ethical foundation for the AI growth in Indonesia. The Circular Letter will take into account global AI principles and governance practices (e.g. EU, UNESCO, and OECD), but adapted to Indonesian values.
AI Government Policy Documents
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Japan | No | Yes | Yes | Yes |
Japan does not have overarching AI regulations, but an AI-related basic law is under consideration, and the revision of various ministerial guidelines impacted by generative AI is ongoing. Several bills, including those related to copyright, disinformation and cybersecurity, are being prepared for submission to the 2024 ordinary session of the Diet.
The Ministry of Economy, Trade and Industry in July 2021 published a report titled “AI Governance in Japan Ver. 1.1,” which concluded that legally binding regulations for AI systems were not required at this time; however, the report noted that Japan’s approach to AI regulation is changing. Over the past few years, the government and ruling Liberal Democratic Party intentionally avoided implementing strict legal regulations on AI, to the point where Japan was mockingly referred to as “the wild west of AI” and “AI heaven.”
However, since early this year, this “nonregulatory, nonbinding” approach is facing a major turning point due to the impact of the introduction of large language models such as ChatGPT and the emergence of potential risks that those models carry.
This is not to say that AI-related regulatory developments in Japan have not taken place. The copyright act was amended in 2017 to allow data to be used for machine learning. Revisions to the Road Traffic Act and Road Transport Vehicle Act in 2020 allowed vehicles to have some degree of autonomous driving. Similarly, in 2020, regulations were changed to allow financial institutions to use AI to determine borrowers’ credit limits.
Japan has also taken the lead in facilitating international rules on AI through the Hiroshima AI Process, formed at the Group of Seven summit in May 2023. The grouping will issue a report on generative AI governance by the end of 2023 via the Hiroshima AI Process, and Japan aims to incorporate its guidelines into the final report. Relatedly, the government established a new AI international strategy promotion task force in August 2023. This task force is chaired by Special Adviser to the Prime Minister Hideki Murai, and it will serve as a coordinating body on AI policies with other governments.
AI Government Policy Documents
- AI Governance in Japan Ver. 1.1
- LDP’s AI White Paper: Japan’s National Strategy in the New Era of AI
- AI Strategy 2022
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Korea | No | Yes | Yes | Yes |
Korea is in the advanced stages of legislating a comprehensive law on AI. In February 2023, the National Assembly’s Science, ICT, Broadcasting and Communications Committee put together a bill titled “the Act on Promotion of AI Industry and Framework for Establishing Trustworthy AI” (“the AI Act”). The bill, if passed at the main floor vote, would supersede other AI related legislation, provide a legal definition of AI, establish principles for safety and lead to the formation of a presidential AI committee and triannual government plan for AI. However, the prospect of the bill’s passage before the end of this year is uncertain, due to the political complexities leading up to the April 2024 general election.
The National Assembly also has to review bills concerning mandatory AI education, the establishment of AI- and semiconductor-specialized universities, the creation of AI industrial complexes among others. Notwithstanding the crowded legislative space, the government has also introduced guidelines and standards. In May 2023, President Yoon Suk-yeol called for new AI guidelines for digital rights issues such as copyright, intellectual property and personal data to be issued this fall. In August, the Personal Information Protection Commission released guidance on interpreting and applying the Personal Information Protection Act to AI technology development and use.
On September 26, the Yoon Suk Yeol government unveiled “Digital Bills of Rights,” which outlines the fundamental principles of the ‘New Digital Order,’ as a basis to address the key issues of the digital era and to establish concrete laws and regulations. The government’s AI policy is guided by “Plan for Everyday Use of AI and Industrial Sophistication” released in January 2023 and the “Competitiveness Enhancement Strategy for Hyper-scale AI” released in April 2023. In these documents, the government focusing on institutional system improvements i) to foster the AI industry, ii) to promote its ecosystem development, and iii) to narrow the gap with the world’s most advanced leaders in AI such as the US and China.
AI Government Policy Documents
- National Strategy for Artificial Intelligence
- Competitiveness Enhancement Strategy for Hyper-scale AI (Summary)
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Malaysia | No | No | No | Yes |
Malaysia does not have a specific framework or set of laws to regulate AI. Instead, the government relies on existing policies and regulations, such as those on personal data protection, communications and multimedia and computer crimes. However, Ministry of Science, Technology and Innovation Minister Chang Lih announced on October 10 that the ministry is planning to develop an AI code of ethics, which could be released in 2024 and establish a foundation for AI regulations.
Beyond legislation, the ministry launched its National Artificial Intelligence Roadmap 2021-2025 in 2021, with the goal of developing an AI ecosystem that supports employment, competitiveness, innovation and growth. Meanwhile, the Malaysia Digital Economy Corporation is pushing for AI industry development through various initiatives like funding for research and development, startup incubation programs and efforts to develop AI talent through education and training programs.
Several states are incorporating AI adoption in their strategic plans. These include Johor 4.0, Pelan Strategik Melakaku Maju Jaya 2035 and Penang 2030. Since January 2020, Malaysian courts in a few states have been testing AI tools for sentencing in cases involving drug possession. After the launch of e-Kehakiman Sabah and Sarawak in October 2022, courts in the states of Sabah and Sarawak have expanded the program and introduced the Artificial Intelligence in Court Sentencing which is expected to help in offenses other than drug possession.
AI Government Policy Documents
- 2021 National Artificial Intelligence Roadmap 2021-2025 (AI-Rmap)
- Artificial Intelligence in Court Sentencing (AiCOS)
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Pakistan | No | No | No | Yes |
Pakistan does not have specific laws or regulations governing AI or related legislation for data. For instance, the Personal Data Protection Bill remains in a draft stage since 2018. The federal Cabinet approved the bill in June 2023, but it has yet to be tabled in Parliament. With a caretaker government currently in office and general elections expected in early 2024, it is unlikely that AI-related regulations will be introduced in the coming months.
However, the government has taken steps to promote the growth and development of AI, such as the establishment of research institutes. The Pakistan Air Force launched the Center of Artificial Intelligence and Computing in August 2020. In 2018, the National Center of Artificial Intelligence was established as a consortium of nine research labs from six universities in Pakistan. A 15-member National Task Force on AI has also been created through the Ministry of Planning, Development and Special Initiatives.
On the policy front, the Ministry of IT and Telecom in May 2023 introduced a draft National Artificial Intelligence Policy and has sought feedback from stakeholders. The draft policy proposes to set up an AI Regulatory Directorate for AI regulation and enforcement, which would function under the yet-to-be-established National Commission for Personal Data Protection, included in the proposed Personal Data Protection Bill. The government will need to finalize the bill before the National Artificial Intelligence Policy, or it will likely face considerable opposition from businesses and digital rights activists.
AI Government Policy Documents
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Philippines | No | Yes | No | Yes |
The government does not have a legally binding regulatory framework to govern AI; however, the Department of Trade and Industry in May 2021 released the National AI Strategy Roadmap for the Philippines. One of the road map’s objectives is the establishment of a National Center for AI Research, which aims to serve as an AI hub for research and development projects and as a training ground for experts, researchers and practitioners.
Furthermore, multiple Senate resolutions have been introduced to study the impact of AI on job displacement in the business process outsourcing and original equipment manufacturer sectors. The government’s primary objective with AI governance is to strike a balance in protecting the welfare of Filipino consumers and developing AI technologies.
Several bills on AI, covering AI development, regulation and establishing an AI Research Park, have also been filed at the House of Representatives. However, these bills are pending in the Committee on Science and Technology and have not been included in the priority legislative measures of the Legislative Executive Development Advisory Council that are expected to be passed within the year. This signals that the Philippines is still in the process of formalizing AI regulations.
AI Government Policy Documents
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Singapore | No | No | Yes | Yes |
Singapore has no AI-specific regulations and maintains a light-touch voluntary approach to AI regulation. The Infocomm Media Development Authority is encouraging the self-adoption of AI ethics and initiatives such as the Model AI Governance Framework first released in January 2019 and updated in 2020. AI Verify was also launched in May 2022 as the world’s first AI governance testing framework and toolkit for companies to demonstrate responsible AI in an objective and verifiable manner. The government’s current stance is that regulating AI in its early stages will impede innovation. It therefore prefers to actively engage industry to ensure business accountability while maintaining consumer protection.
Singapore launched its National AI Strategy in 2019, which the Ministry of Communications and Information is currently reviewing. The government plans to launch a refreshed version later this year. Without standalone regulations for AI, the Personal Data Protection Commission seeks to apply the existing Personal Data Protection Act to the collection and use of personal data for the development and deployment of AI systems. To this end, the commission held a public consultation in July 2023 for the “Proposed Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems.” This measured approach in balancing a voluntary regulatory approach and promoting the development of innovative AI will continue in a gradual way toward the enactment of formal regulations — or through certifications — once the government has a better understanding of AI technology and when its potential benefits and harms present a clear need for regulation.
AI Government Policy Documents
- Model AI Governance Framework (2nd Edition), 2020
- 2022 AI Verify Testing Framework and Toolkit
- AI Verify Foundation
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Taiwan | No | Yes | Yes | Yes |
Taiwan takes a relatively hands-off approach to AI regulation to encourage innovation and industry development, relying on non-binding guidelines and industry self-regulation to provide consumer safeguards for now. The arrival of generative AI spurred concerns about a lack of AI regulations. In 2023, the government originally planned to draft an “AI Basic Act” to set legal boundaries of AI usage and development. However, due to differing views and concerns for over-regulation in an emerging field, the government will unlikely complete drafting the law by the end of 2023. The government’s priorities for AI regulations include issues related to fake news, fraud and cybersecurity. Future AI law is expected to require businesses to assume greater responsibilities and compliance requirements for data protection, transparency and interpretability of AI.
The government unveiled its AI Action Plan 2.0 (2023-2026) in March 2023 to enhance AI software and AI core chip technology, develop an AI regulatory regime and increase international participation. Additionally, the National Science and Technology Council in March 2023 established the Taiwan AI Center of Excellence to act as the bridge between the government and industry for the AI Action Plan 2.0. Strategically, Taiwan aims to leverage its strength in semiconductor and ICT manufacturing capabilities to capture opportunities in AI.
While industry generally welcomes the government’s AI strategy and promotional programs, businesses have pointed to the government’s slowness in building infrastructure and a business-friendly environment for AI development. The private sector also asserts that the government’s tendency to avoid criticism has limited access to public data for AI use, with no clear rules for data governance.
AI Government Policy Documents
- AI Technology R&D Guidelines
- Taiwan Artificial Intelligence (AI) Action Plan 2.0
- AI Taiwan Action Plan (Action Plan webpage)
- AI innovation: Grand strategy for a small country
- Guidelines for Executive Yuan and Its affiliated Agencies’ Usage of Generative AI
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Thailand | No | Yes | Yes | Yes |
The government has introduced a series of AI policy documents in recent years, such as the “risk-based” Draft Royal Decree on Artificial Intelligence System Service Business, National AI Strategy and Action Plan (2022-2027) and AI Ethics Guideline. These policy documents underscore the government’s recognition of AI’s importance to Thailand’s social and economic development, particularly in key sectors like health care and auto manufacturing, and critical worker skills gaps that need to be addressed to fully capture the benefits of AI.
Industry and civil society have provided mixed reviews of the policies, with the former highlighting insufficient financial incentives and vague and potentially burdensome compliance requirements. Civil society has expressed concerns about meaningful participation and pro-business bias in the drafting process. For example, businesses have cited the draft royal decree’s proposed victim compensation fund, which does not provide significant details on its management and administration.
In addition to the national action plan, the Electronic Transactions Development Agency recently held public consultations ending in August 2023 on the draft notifications for an AI Sandbox and AI Risk Assessment and the draft Promotion of National Artificial Intelligence Innovation Act. The agency expects to continue its focus on AI, and it may present more draft regulations and guidelines for public consultation. In the public sector, Digital Government Agency has launched AI framework for government services and gave policy recommendations on AI ethics for the public sector as a preparation for the government’s AI adoption. However, government organizations remain cautious about AI utilization for their operations.
With a new government now in place led by Prime Minister Srettha Thavisin, who concurrently serves as the chair of the National AI Committee, AI policy may reflect government priorities and objectives. Srettha as far back as 2018 highlighted the benefits of AI to the property development sector when he was president of Sansiri.
AI Government Policy Documents
- Draft Act on Promotion and Support of National Artificial Intelligence Innovation, July 18, 2023
- Draft ETDA Announcement on the AI Innovation Testing Center (Sandbox), July 18, 2023
- Draft ETDA Announcement on Risk Assessment from the Use of AI Systems, July 18, 2023
- Draft Royal Decree on Artificial Intelligence System Service Business
- Draft National AI Master Plan 2021-2027 (Thai version), July 27, 2021
- Thailand National AI Strategy and Action Plan (2022-2027)
- Digital Thailand – AI Ethics Guideline, October 2019
- AI for Government Administration and Services, November 2019
- AI Government Framework, December 2019
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Vietnam | No | Yes | No | Yes |
Vietnam has not adopted a comprehensive framework to govern and regulate AI; however, the prime minister’s Decision No. 127 on the National Policy on Research, Development and Application of Artificial Intelligence by 2030, issued in 2021, established an extensive set of goals and targets for AI development in Vietnam. These include building AI research and innovation centers, developing a system of AI legal documents and regulations and promoting international cooperation.
More recently, the Ministry of Information and Communication called for public input from April-June 2023 on the draft National Standard on Artificial Intelligence Life Cycle. The draft establishes a lifecycle process for AI development and seeks to ensure that AI development is safe, ethical and transparent. It calls for risk-based assessments to evaluate and mitigate potential safety risks from AI systems and applications.
The government’s current approach is to prioritize national economic and technology goals, with less emphasis on an immediate need to enact new AI laws or regulations that may inhibit technology adoption, development and related investments. As AI use increases and becomes broader based, the government will likely adopt new regulations to balance business and consumer interests and reaffirm the state’s overarching goals related to maintaining national security and political and social order. In the long term, the latter may affect AI development because access to and transference of data are critical foundational components to AI model building.
AI Government Policy Documents
- National Strategy on Researching, Developing and Applying Artificial Intelligence (AI) until 2025, with a vision to 2030, January 26, 2021
- Draft National Standard on Artificial Intelligence Life Cycle , April 20, 2023 (Part 1, Part 2)
APAC Regulatory Snapshot
AI Law Enacted | Draft AI Law/Regs | AI Guidelines | National AI Strategy | |
Australia | No | No | Yes | Yes |
Cambodia | No | No | No | No |
China | Yes* | Yes | Yes | Yes |
Hong Kong | No | No | Yes | No |
India | No | Yes | Yes | Yes |
Indonesia | No | No | No | Yes |
Japan | No | Yes | Yes | Yes |
Korea | No | Yes | Yes | Yes |
Malaysia | No | No | No | Yes |
Pakistan | No | No | No | Yes |
Philippines | No | Yes | No | Yes |
Singapore | No | No | Yes | Yes |
Taiwan | No | Yes | Yes | Yes |
Thailand | No | Yes | Yes | Yes |
Vietnam | No | Yes | No | Yes |
APAC Government Policy Reference Documents
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