Evaluating the Effectiveness of Legal Regulation of AI-Generated Content and Optimizing Regulatory Pathways

Authors

  • Zhangzhi Yang Sydney Law School, The University of Sydney, Sydney, NSW, 2006, Australia Author

Keywords:

generative artificial intelligence, legal regulation, comparative governance, enforcement and adaptability, human rights protection

Abstract

The rapid expansion of generative artificial intelligence (AI) has transformed fields such as media, education, and politics, while simultaneously raising urgent legal and ethical challenges. Issues including disinformation, copyright disputes, and threats to democratic processes have intensified debates on how best to regulate AI-generated content. Yet existing research often focuses on single jurisdictions, lacks systematic evaluation criteria, and rarely explores pathways for globally adaptive governance, leaving both scholars and policymakers without a coherent framework for assessing effectiveness. This study addresses these gaps by developing a multidimensional evaluative framework grounded in technology-law co-evolution, risk-benefit balancing, and human rights-based governance. Employing comparative legal analysis, doctrinal review, and case studies from the European Union, the United States, and China, the research assesses regulatory effectiveness across three dimensions: enforceability, adaptability, and rights protection. Findings indicate that the EU ensures comprehensive safeguards but struggles with consistent enforcement, the U.S. emphasizes expressive freedom but remains fragmented, and China achieves strong compliance at the cost of transparency and rights. The paper contributes theoretically by integrating diverse perspectives into a coherent model and practically by proposing a hybrid regulatory pathway that combines hard law, soft law, and oversight mechanisms. This approach provides a roadmap for more balanced and adaptive governance of AI-generated content.

References

1. X. He, and L. Fang, "Regulatory Challenges in Synthetic Media Governance: Policy Frameworks for AI-Generated Content Across Image, Video, and Social Platforms," Journal of Robotic Process Automation, AI Integration, and Workflow Optimization, vol. 9, no. 12, pp. 36-54, 2024.

2. J. V. Pavlik, "Collaborating with ChatGPT: Considering the implications of generative artificial intelligence for journalism and media education," Journalism & mass communication educator, vol. 78, no. 1, pp. 84-93, 2023. doi: 10.1177/10776958221149577

3. S. Tiwari, "The Impact of Deepfake Technology on Cybersecurity: Threats and Mitigation Strategies for Digital Trust," Available at SSRN 5259359, 2025. doi: 10.2139/ssrn.5259359

4. J. Li, X. Cai, and L. Cheng, "Legal regulation of generative AI: a multidimensional construction," International Journal of Legal Discourse, vol. 8, no. 2, pp. 365-388, 2023. doi: 10.1515/ijld-2023-2017

5. P. Hutukka, "Fintech law in the European Union, the United States and China: Regulation of financial technology in comparative context," Maastricht Journal of European and Comparative Law, vol. 31, no. 5, pp. 559-594, 2024. doi: 10.1177/1023263x241298416

6. J. Feng, Y. Yu, and T. Xu, "Content regulation laws for chinese ISPs: Legal responsibilities in free speech and filtering of harmful content," Law and Economy, vol. 2, no. 11, pp. 53-59, 2023. doi: 10.56397/le.2023.11.07

7. V. Habib Lantyer, "When AI Molds Thoughts and Desires: Pre-Cognitive Expropriation and Legal Challenges," Available at SSRN 5277665, 2025. doi: 10.2139/ssrn.5277665

8. A. K. Sharma, and R. Sharma, "Generative Artificial Intelligence and Legal Frameworks: Identifying Challenges and Proposing Regulatory Reforms," Kutafin Law Review, vol. 11, no. 3, pp. 415-451, 2024. doi: 10.17803/2713-0533.2024.3.29.415-451

9. O. Akpobome, "The impact of emerging technologies on legal frameworks: A model for adaptive regulation," International Journal of Research Publication and Reviews, vol. 5, no. 10, pp. 5046-5060, 2024. doi: 10.55248/gengpi.5.1024.3012

10. J. Hutson, "The Evolving Role of Copyright Law in the Age of AI-Generated Works," Journal of Digital Technologies and Law, vol. 2, no. 4, pp. 886-914, 2024. doi: 10.21202/jdtl.2024.43

11. A. Bandi, P. V. S. R. Adapa, and Y. E. V. P. K. Kuchi, "The power of generative ai: A review of requirements, models, input-output formats, evaluation metrics, and challenges," Future Internet, vol. 15, no. 8, p. 260, 2023. doi: 10.3390/fi15080260

12. O. Brook, and K. J. Cseres, "Priority setting as the blind spot of administrative law enforcement: A theoretical, conceptual, and empirical study of competition authorities in Europe," The Modern Law Review, vol. 87, no. 5, pp. 1209-1257, 2024. doi: 10.1111/1468-2230.12881

13. Y. Rusfiana, and D. Kurniasih, "The Role of Civil Society Organizations in Promoting Social and Political Change in Indonesia," Journal of Ethnic and Cultural Studies, vol. 11, no. 3, pp. 187-207, 2024.

14. H. H. Haron, and F. S. Shuaib, "The Malaysian Media Council: Will Self-Regulation Work?: Learning From the United Kingdom's Press Self-Regulation Experience," Asia-Pacific Journal on Human Rights and the Law, vol. 23, no. 3, pp. 354-380, 2022.

15. A. A. Gikay, "Risks, innovation, and adaptability in the UK's incrementalism versus the European Union's comprehensive artificial intelligence regulation," International Journal of Law and Information Technology, vol. 32, p. eaae013, 2024. doi: 10.1093/ijlit/eaae013

Downloads

Published

2026-02-18

How to Cite

Yang, Z. (2026). Evaluating the Effectiveness of Legal Regulation of AI-Generated Content and Optimizing Regulatory Pathways. Simen Owen Academic Proceedings Series, 3, 247-256. https://simonowenpub.com/index.php/SOAPS/article/view/79