Post-Brexit (and post-Truss), the UK rapidly lost its enthusiasm for a ‘Singapore-on-Thames’ free market model for its economy yet remained keen to differentiate its approach to key economic policy areas from that taken by the EU. The debate over AI regulatory strategies thus provided a high-profile arena in which to juxtapose those differences. The UK adopted a principles-based, light-touch, and sectorally-focused regulatory framework, requiring existing regulators to interpret and apply key principles. The EU, by contrast, adopted an overarching and prescriptive legislation-based framework complete with new regulators, via the Artificial Intelligence Act (Regulation (EU) 2024/1689). While the UK’s 2024 General Election significantly altered its political landscape, legislative pragmatism and the desire for timely implementation ensured the UK’s AI short to medium term regulatory strategy would remain largely unchanged. Thus, as key UK regulators developed guidance on their strategic approach to AI under the framework, a clearer picture of the plausibility of utilising a principles-based regulatory model for AI began to take shape. The emergence of generative AI (GenAI) as an immediate focus for regulatory attention provided some evidence as to how the two regulatory models would fare in seeking to encourage innovation while addressing the risks ensuing from this fast-developing area.

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AI Regulation in the UK

  • Andrew Charlesworth

摘要

Post-Brexit (and post-Truss), the UK rapidly lost its enthusiasm for a ‘Singapore-on-Thames’ free market model for its economy yet remained keen to differentiate its approach to key economic policy areas from that taken by the EU. The debate over AI regulatory strategies thus provided a high-profile arena in which to juxtapose those differences. The UK adopted a principles-based, light-touch, and sectorally-focused regulatory framework, requiring existing regulators to interpret and apply key principles. The EU, by contrast, adopted an overarching and prescriptive legislation-based framework complete with new regulators, via the Artificial Intelligence Act (Regulation (EU) 2024/1689). While the UK’s 2024 General Election significantly altered its political landscape, legislative pragmatism and the desire for timely implementation ensured the UK’s AI short to medium term regulatory strategy would remain largely unchanged. Thus, as key UK regulators developed guidance on their strategic approach to AI under the framework, a clearer picture of the plausibility of utilising a principles-based regulatory model for AI began to take shape. The emergence of generative AI (GenAI) as an immediate focus for regulatory attention provided some evidence as to how the two regulatory models would fare in seeking to encourage innovation while addressing the risks ensuing from this fast-developing area.