第一财经

"Building a Healthy Governance Ecosystem to Promote the Development and Application of Digital Virtual Human Technologies | Legal, Economic, and Military Perspectives"

原文:构建良性治理生态,促进数字虚拟人技术发展应用︱法经兵言

Summary of Key Points

Digital avatars have moved from concept to reality, permeating various fields such as entertainment, government services, and healthcare. Their strong interactivity, high controllability, and versatility make them a new growth point for the digital economy. However, this also brings challenges in terms of personal rights infringement, data security, and content risks. The state has issued the "Digital Avatar Information Service Management Measures (Draft for Comment)," which aims to regulate the industry by clarifying responsibilities across the entire supply chain. In the future, achieving high-quality development will require precise regulation, technological advancements, and collaborative governance approaches that balance standardization with innovation.

I. Digital Avatars: More Than Just Animations

Digital avatars are not mere animated figures; they are digital entities that simulate human appearance, voice, and behavior using technology. They possess three key capabilities:

  • Interactivity: They can engage in conversations, perceive emotions, and respond accordingly. For example, virtual customer service agents can understand your questions and adjust their responses to provide assistance.
  • 24/7 Availability: They can work around the clock with low training costs and can be replicated for tasks that require repetitive effort, such as customer service or guided tours.
  • Versatility: They can be used in various scenarios, from serving as virtual hosts on mobile devices to providing companionship for the elderly in hospitals or assisting with government services.

Their applications have expanded beyond entertainment (virtual idols, streamers) to include services (financial customer service, government guidance), healthcare (emotional support), and education (virtual teachers). In the future, they may also be integrated into agriculture (virtual agritext technicians) and industry (virtual quality inspectors) to enhance efficiency in the real economy.

II. Why Has the Avatar Industry Suddenly Become Popular?

The rapid growth of the avatar industry is not accidental; it is the result of a combination of three factors:

  • Technological Advances: Large language models have enabled avatars to engage in multi-language conversations and handle multiple tasks. Advancements in motion capture and emotion recognition technology have reduced production costs, making avatars more accessible.
  • Market Demand: Companies are seeking digital transformation to reduce costs, and consumers enjoy immersive experiences. Additionally, the elderly and children often seek emotional support from virtual companions.
  • Policy Support: National plans such as China's 14th Five-Year Plan and the Ministry of Industry and Information Technology's metaverse initiatives have encouraged avatar development. Cities like Beijing and Shanghai have introduced specific policies to guide the industry.

III. Challenges Associated with Virtual Avatars

While avatars offer many benefits, they also present several challenges:

  • Rights Infringements: Using someone else's face or voice without permission, or manipulating virtual images in a negative way, can violate privacy and reputation rights.
  • Data Security: Creating avatars requires collecting biometric and health data, which, if leaked, could be used for fraud.
  • Content Risks: Avatars can be used to spread false information, commit fraud (e.g., fake celebrity statements), or provide misleading medical advice or stock recommendations that could harm people.
  • Impact on Vulnerable Groups: Children may become overly dependent on avatars, affecting their real-life social interactions. The elderly might be easily deceived by avatars, leading to them becoming a vulnerable group.

IV. New Regulations for the Industry

The "Digital Avatar Information Service Management Measures (Draft for Comment)" issued in April this year establishes clear rules for the avatar industry:

  • Clear Responsibility Allocation: The supply chain is divided into four categories of stakeholders—technological providers, service providers, users, and content disseminators—each with defined responsibilities to prevent shifting blame.
  • Comprehensive Regulation: Regulations prohibit the use of unauthorized images and voices during avatar creation, require content review to ensure compliance, and mandate that platforms remove illegal content promptly.
  • Integration with Existing Laws: The new measures align with laws on network security and personal data protection, balancing safety concerns with room for innovation in government and charitable applications.

V. Balancing Development and Security

For the healthy development of the avatar industry, a collaborative governance ecosystem is needed:

  • Differentiated Regulation: High-risk scenarios (e.g., medical diagnosis, financial transactions) require strict regulation, while low-risk scenarios (e.g., entertainment streaming) can have more relaxed oversight.
  • Technological Solutions: Develop tools for detecting deep fakes and implement ethical algorithms to ensure that avatars behave in a compliant manner (e.g., preventing minors from becoming addicted or providing alerts for sensitive content).
  • Collective Efforts: Governments should set rules, industry associations should establish standards, companies should implement internal controls (e.g., identity verification, complaint handling), and the public should be educated about potential risks.

By focusing on practical applications and promoting collaboration, avatars can contribute to the real economy while adhering to ethical guidelines. This will allow them to innovate within a regulated framework, preventing both uncontrolled growth and excessive regulation, thus becoming a genuine driver of the digital economy.