Filed under xiaohongshu
Every brief tagged "xiaohongshu".
- § 01 · AI-GOVERNANCE
China's First AI-Ghostwritten 'Seeding Post' Case — a Duty of Care for Generative-AI Providers
China's first unfair-competition case over AI batch-ghostwritten 'seeding posts' (种草笔记 — the staged, first-person product-recommendation notes that drive discovery commerce on Xiaohongshu/RED). On appeal, the Hangzhou Intermediate People's Court ((2025) Zhe 01 Min Zhong No. 3998) held that the operators of an 'AI writing' tool ('AI写作鹅') that let users one-click-generate fake first-person Xiaohongshu notes — fabricating personal experiences and feelings — committed unfair competition under Article 2 (the general clause) of the Anti-Unfair Competition Law. The court built an explicit four-factor duty-of-care test for generative-AI providers (is it generative AI; does it target a specific scenario/another's product as its 'application layer'; is it directional and inducing; is it a paid, for-profit service), citing Articles 4(3), 5(1) and 22 of the Generative AI Services Interim Measures. Because the tool was named after Xiaohongshu, marketed to mass-produce on-brand 'seeding' copy, charged a membership fee, and shipped with no notice or reminder against the foreseeable misuse, the providers were at fault. The appeal court affirmed liability but cut damages from RMB 200,000 to RMB 100,000 on an 'inclusive and prudent' (包容审慎) view of AI, and reversed joint liability for the third defendant that merely hosted the download. DCC OCR'd the full judgment from the source images; this is our case brief for overseas counsel.