The Japanese House of Representatives approved, at the end of April, the first bill regulating Artificial Intelligence in the country. The regulation of AI is a topic that drives discussions in the Legislature around the world, with different strategies in different countries. According to UNESCO, since 2016, more than thirty nations have created laws focused on AI.
“In the case of the Japanese bill, the text does not provide penalties, in order not to hinder technological innovation and prioritize attracting investments to the area. Thus, to mitigate the risks of technology to the population, existing laws and regulations will be used, such as the Penal Code,” explains Dr. Patrícia Peck, specialist in Digital Law and CEO of Peck Advogados.
The lawyer further synthesizes the legislations on the topic that are in force and makes comparisons. “The European Union, in 2024, approved the AI Act, a more comprehensive regulation, which is coming into effect in stages. At the beginning of the year, prohibitions on certain AI systems and requirements related to AI literacy came into effect. In August, the parts related to five other areas, including governance and penalties, will come into effect. Since then, we can already see major companies investing in team education,” she notes.
Regarding the US and China, the lawyer adds: “Although they do not have a federal law at the moment, the US already has sectoral regulations and guidelines from the White House. China, on the other hand, has a highly regulatory model, focusing on national security, regulation of recommendation algorithms, and the use of generative AI,” she concludes.
Regarding the European Union’s regulatory model, Patrícia Peck emphasizes the intention to bring robust protection. “The text establishes strict rules for sensitive uses of AI, avoiding excesses in applications of lesser threat. In cases of high risk, the law requires transparency, explainability, and independent audits as core requirements, furthermore, the text also provides for a mechanism of periodic review, which can keep the law up to date over time, ” she details.
Regulation in Brazil
However, Patrícia Peck explains that the text could be more precise. “The text is overly general; some critics point out that the law is too vague in crucial points, which can hinder its application. In addition, the framework may quickly become outdated given the speed of technological advancement,” she explains.
Finally, if approved, the text could also generate other debates. “There are doubts about the structure and resources of the institutions that will be responsible for monitoring and enforcing the law,” emphasizes the lawyer.
