Hotspots · Analysis

The proliferation of "AI modified" videos raises three major red lines and legal risks for creators to be wary of

Starting from January 1, 2026, the State Administration of Radio, Film and Television will launch a one month "AI Magic Transformation" video special governance campaign nationwide. Focus on cleaning up content that subverts, vulgarizes, distorts, and deconstructs classic films and TV shows, the Four Great Classical Novels, historical themes, revolutionary themes, and heroic figures. As of early February, major online audiovisual platforms have effectively fulfilled their main responsibilities, strengthened investigation and disposal, and implemented rectification measures. During the special governance period, nearly 23000 related illegal videos have been cleared and more than 100 illegal accounts have been disposed of.

1、 The Three Red Lines of AI Content

This "AI Magic Transformation" video special governance action is a precise rectification carried out by regulatory authorities to address prominent issues such as AI technology abuse, rampant infringement, and value deviation. This governance has established clear "three major content red lines":

One is "seriously violating the spirit and character image of the original work, subverting basic cognition, and deconstructing universal consensus." For example, subversive tampering, deconstruction, and parody of the Four Great Classical Novels, classic film and television dramas, historical dramas, and revolutionary themed works, distorting character settings, and subverting public basic cognition.

The second is that the content exaggerates bloody violence, sensationalism and vulgarity, promotes wrong values, and violates public order and good customs. For example, exaggerating violence, pornography, and sensationalism, promoting wrong historical and value systems, and damaging cultural heritage and the healthy growth environment of minors.

The third issue is the prominent problem of appropriation and tampering with Chinese culture, which leads to a significant misplacement of understanding of the real historical time and space, as well as the symbols of Chinese civilization, and impacts cultural identity. For example, arbitrarily tampering with historical time and space, confusing symbols of civilization, and making vulgar and entertaining adaptations of Chinese culture, revolutionary history, and heroic figures.

It can be seen that the regulatory authorities have sent a clear signal: AI technology is not a "lawless place", and secondary creation is not an "excuse for infringement". Any content production and dissemination using AI must comply with laws and regulations, adhere to the bottom line of copyright, content, and ethics. This special governance is not to deny AI creation, but to guide the industry towards a healthy development track with clear authorization, correct guidance, standardized labeling, and traceable responsibilities.

2、 Analysis of the main legal risks of "AI magic modification"

（1） Copyright infringement

The underlying materials of "AI magic modification" mostly come from film and television clips, character images, original dialogue, background music, etc. Unauthorized use constitutes copyright infringement and is currently a focus of judicial and administrative supervision. The main types of infringement include:

1. Infringement of reproduction rights and information network dissemination rights. Capturing film and television footage, character portraits, and original sound for AI training, generation, and dissemination is a typical act of copying and online dissemination. Without permission from the copyright owner, it constitutes infringement.

2. Infringement of the right to modify, protect the integrity of the work, and the right to adapt. AI face swapping distorts characters, alters the plot, subverts character designs, and parodies the ending, which goes beyond the scope of "reasonable use" and damages the integrity and original expression of the work.

3. Infringement of the rights of performers and producers of audio and video recordings. Without the permission of the actor, voice actor, or production team, using their portrait, voice, or performance results for AI generation constitutes an infringement of the performer's rights.

（2） Infringement of personality rights

The extensive use of portraits and voices of real actors, public figures, heroes, and martyrs in "AI magic modification" can easily trigger personality rights infringement. Those with serious circumstances may also bear administrative or criminal responsibilities. The main types of infringement include:

1. Infringement of portrait rights. Using AI face swapping or AI replication technology for commercial dissemination or parody of someone else's portrait without consent constitutes an infringement of portrait rights.

2. Honor rights and infringement of honor rights. Maliciously vilifying, defaming, and distorting the image or character settings of actors, fabricating vulgar plots, leading to a decrease in social evaluation, constitutes reputation infringement.

3. The voice of natural persons is protected. AI cloning voice acting, imitating others' voices for commercial dissemination or parody content, protected under the provisions of portrait rights, also constitutes infringement of personal interests.

4. Infringement of the personal interests of heroes and martyrs. AI modification and parody of heroes, martyrs, and revolutionary predecessors, in violation of the Law on the Protection of Heroes and Martyrs, shall be subject to civil compensation and administrative penalties. Those with serious circumstances may be held criminally responsible.

（3） Content compliance and administrative violations

Once the 'AI magic modification' crosses the content red line, it will face administrative responsibilities such as platform delisting, account suspension, fines, and suspension for rectification. Related projects and companies will also be included in the regulatory focus list. The main illegal and irregular situations include:

1. Violation of regulations on online audiovisual content management. Content that subverts classics, vulgar curiosity, and distorts history belongs to prohibited online audiovisual content. Regulatory authorities may order the cessation of services, confiscate illegal gains, and impose fines.

2. Failure to legally label AI generated information. The Administrative Provisions on the Deep Synthesis of Internet Information Services clearly requires that the videos, images, and sounds generated by AI must be marked prominently and clearly. If they are not marked, they will be in violation of regulations, and will be punished in accordance with relevant laws and administrative regulations; Those who cause serious consequences shall be punished severely according to law.

3. The platform has not fulfilled its review obligations. If the platform fails to fulfill its obligations of inspection, disposal, and complaint handling for the content of "AI magic modification", it will be deemed as failing to fulfill its main responsibility and face joint and several penalties.

3、 AI Compliance Guidelines

To assist industry entities in carrying out AI creation and operation under compliance, and in accordance with the requirements of this special governance and legal regulations, the following practical suggestions are briefly proposed:

1. The use of materials must be authorized
Film and television clips, character images, soundtracks, music, etc. all require written authorization from the copyright owner and performers, specifying the scope, form, duration, and purpose of use, and prohibiting "use as you please".

2. Adhere to the bottom line of content
It is strictly prohibited to make subversive parodies or vulgar adaptations of the Four Great Classical Novels, classic films and TV shows, revolutionary history, and model figures; Do not produce content that violates public order, good customs, or misleads the public.

3. Mandatory annotation of AI generated content
All AI generated and AI assisted videos, images, and sounds must be prominently labeled in the image, title, or description to ensure recognition and traceability.

4. Platform compaction main responsibility
Establish a specialized review mechanism for AI content, with a focus on inspecting high-risk themes and popular modified content; Smooth complaint channels and respond to infringement notifications within 24 hours; Timely handle illegal accounts and content.

5. Improve contracts and risk management
Clearly define AI usage rights, copyright ownership, and liability clauses in creation, collaboration, endorsement, and promotion contracts; Set clear boundaries and breach of contract responsibilities for the use of artist portraits and voices.

6. Retain compliance evidence
Retain authorization documents, audit records, annotated screenshots, user agreements, etc. for effective defense in case of disputes.

It is reported that after the special governance, the State Administration of Radio and Television will carefully summarize, further study and formulate comprehensive governance measures, improve work mechanisms, and maintain the normalization and long-term effectiveness of governance. From this, it can be seen that the "AI Magic Reform" special governance is not a short-term movement, but the starting point for the normalization of AI content supervision. For the film and entertainment industry, AI is a tool that empowers creativity, rather than an excuse to circumvent the law; Compliance is both a responsibility and a core competitiveness. Only innovation within the legal framework can achieve the unity of technological value, artistic value, and commercial value.

Industry · New Policies

On January 29, 2026, the General Office of the State Council issued the "Work Plan for Accelerating the Cultivation of New Growth Points in Service Consumption", which was released and implemented immediately.

This plan focuses on upgrading service consumption, promoting the improvement of service consumption quality and benefiting the people. The first item (3) explicitly supports private capital to carry out online audio-visual services in accordance with the law, promote orderly competition and innovative development of ultra high definition videos and micro dramas, strengthen the governance of online audio-visual ecology, enrich the supply of high-quality content, and provide policy support for ultra high definition technology research and development, production and broadcasting capabilities improvement, and network upgrading.

Starting from February 1, 2026, the State Administration for Market Regulation and the Cyberspace Administration of China will officially implement the "Measures for the Supervision and Administration of Live E-commerce".

This measure addresses prominent issues in the live streaming e-commerce industry, explicitly prohibiting false advertising, commercial defamation, and illegal sales of goods and services, regulating live streaming e-commerce business activities, and maintaining market order and the legitimate rights and interests of consumers.

On February 1, 2026, the "Measures for the Supervision and Administration of Online Trading Platform Rules" were officially implemented.

This method focuses on the operational norms of online trading platforms, making clear requirements for the formulation, disclosure, and implementation of platform rules, and imposing strict requirements on information, network, and data security protection to ensure the data security and legitimate rights and interests of operators and consumers within the platform, and promote the healthy and standardized operation of online trading platforms.

On February 4, 2026, the Ministry of Culture and Tourism and the National Fire and Rescue Bureau jointly issued the "Notice on Promoting the Healthy and Orderly Development of New Performance Venues" (Culture and Tourism Market Development [2026] No. 12), which will be implemented immediately upon release.

This notice for the first time includes new performing arts spaces and Livehouses in the standardized regulatory system, optimizes the performance approval process, and eliminates duplicate approvals for performance content after approval. Non performance venues conducting commercial performances need to entrust brokerage agencies to undertake them, encouraging the integration of performance consumption, technological innovation, and industrial agglomeration zone construction. At the same time, the responsibilities of venue fire safety, content self-examination, and ideological management are strengthened.

On February 12, 2026, the National Film Administration and the Ministry of Finance jointly issued the "Notice on Central level Film Special Funds Supporting Film Consumption in 2026".

This policy relies on central level film special funds to encourage various regions to carry out film consumption promotion activities around important periods such as the Spring Festival. Through policy guidance, it drives movie watching consumption and movie related consumption, helping to boost the overall vitality of the film market.

On February 24, 2026, the Micro Drama Working Committee of the China Network Audiovisual Association issued the "Self discipline Convention on Safeguarding the Legitimate Rights and Interests of Actors and Staff in the Micro Drama Industry", which will be implemented immediately upon its release.

This self-discipline convention focuses on the protection of employees in the micro drama industry, implementing mechanisms for sharing accounts, deposits, and advance payments to prevent wage arrears. It requires the production process to be equipped with a safety three piece set, high-risk filming to be supervised by a dedicated person, strict protection of underage actors, implementation of regulations such as guardian accompaniment, time limits, and prohibition of inappropriate scenes. It also establishes a green channel for industry rights protection and a legal training system for actors and crew.

From March 1, 2026, the State Internet Information Office, the State Press and Publication Administration, the State Film Administration, the Ministry of Education, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Culture and Tourism, and the State Administration of Radio and Television jointly issued the Measures for Classification of Network Information that May Affect the Physical and Mental Health of Minors, which will be officially implemented.

As a supporting policy of the "Regulations on the Protection of Minors' Networks", this method divides harmful online information into four categories and more than 30 situations for strict control, covering content such as inducing celebrity worship and tipping, flaunting wealth, imitating dangerous behavior, and spreading harmful values. It requires platforms not to push risk information to minors, strictly control the presentation of key scene information such as homepage, pop ups, hot searches, and rankings, establish a mandatory prominent prompt system, and fully consolidate the platform's main responsibility throughout the entire chain.

Team Profile

Gaopeng Film and Television Media Monthly "is compiled by the film and television culture and media business team of Gaopeng Law Firm, aiming to provide the latest industry policies and hot legal issues for enterprises in the film and television culture and media industry to exchange and answer questions. The Gaopeng Film and Television Culture and Media Business Team has been working in the field of cultural and entertainment law for more than ten years. Some lawyers have worked full-time for listed companies in this industry and are familiar with legal issues in various aspects of the film and television culture and media field. The lawyers of Gaopeng Film and Television Culture and Media Business Team have won high praise from clients for their professional theoretical knowledge, profound legal literacy, and rich professional experience. The team lawyers have always adhered to Gaopeng's firm culture of "integrity and professionalism", and are committed to providing dispute resolution and comprehensive legal services for corporate clients in the cultural and entertainment industry.