Globally, artificial intelligence (AI) is having a profound impact on governments, businesses, and societies. However, the speed at which AI is developing has surpassed the establishment of legislative frameworks, resulting in different approaches in different nations. This article examines the legal framework of AI in India, US, and China while recognizing the challenges with respect to AI and particularly Deep-fake Technology in India.
India: Nascent Framework with a Focus on Ethics
India’s approach to AI regulation is still in its formative stages, guided by the principles of ethical use, inclusivity, and leveraging AI for socio-economic development.
Current Policy Framework
- National Strategy for Artificial Intelligence (2018): Published by NITI Aayog, this strategy outlines a roadmap for adopting AI across sectors like healthcare, agriculture, and education. It emphasizes the use of AI for public good and ethical considerations.
- Sector-Specific Guidelines: Regulators such as the Reserve Bank of India (RBI) have issued guidelines for AI in financial services to ensure transparency and mitigate risks.
Current Legal Landscape in India
India’s existing legal framework lacks explicit provisions to address deep-fakes, making it challenging to combat their misuse effectively. However, several laws are indirectly applicable:
- Information Technology (IT) Act, 2000
- Section 66E penalizes the violation of privacy through capturing, publishing, or transmitting images of private areas without consent.
- Section 67 punishes the publishing or transmission of obscene material, which can apply to explicit deep-fake content.
- However, the IT Act does not specifically address the technological nuances of AI-generated content.
- Indian Penal Code (IPC), 1860
- Provisions such as defamation (Section 499) and identity theft (Section 419) can be invoked against deep-fake perpetrators.
- These laws are limited by the difficulty of attributing accountability in AI-driven manipulations.
- Copyright Act, 1957
- Misuse of someone’s likeness in deep-fakes without authorization could violate copyright and moral rights.
- Data Protection Bill, 2023 (Pending Implementation)
- While not explicitly AI-focused, this legislation aims to govern data usage, a cornerstone for AI development and deployment. Provisions for data privacy and user consent align with global best practices.
- Aims to safeguard personal data and could provide recourse against unauthorized use of personal images or videos in deep-fakes.
Challenges in Tackling Deep-fakes in India
- Attribution Issues: The anonymity of perpetrators and the difficulty of tracing deep-fake origin complicate enforcement.
- Lack of Specialized Legislation: Existing laws do not address the unique characteristics of deep-fake technology, such as the creation and dissemination of synthetic media.
- Rapid Proliferation of Content: The viral nature of deep-fake content on social media platforms exacerbates the damage before legal action can be taken.
- Technological Gap: Enforcement agencies often lack the technological expertise and tools to detect and counter deep-fakes effectively.
United States: Decentralized and Market-Driven
The United States adopts a decentralized, sector-specific approach to AI governance, relying heavily on industry self-regulation and innovation incentives.
Current Frameworks
- AI Bill of Rights (2022): Issued by the White House Office of Science and Technology Policy, this framework outlines principles to ensure fairness, transparency, and accountability in AI systems.
- Algorithmic Accountability Act: A proposed legislation that mandates companies to assess and address biases in automated systems.
- Executive Orders: Various executive orders, including one issued in 2023, have prioritized AI R&D, ethical considerations, and international cooperation.
- Industry Standards: Agencies like the National Institute of Standards and Technology (NIST) provide voluntary guidelines, such as the NIST AI Risk Management Framework.
China: Centralized and Comprehensive Regulation
China views AI as a strategic asset, integrating it deeply into its economic and national security plans. The regulatory framework reflects a centralized, top-down approach.
Current Frameworks
- New Generation Artificial Intelligence Development Plan (2017): This ambitious plan aims to position China as the global leader in AI by 2030. It focuses on strategic sectors like defense, healthcare, and smart cities.
- AI Ethical Guidelines (2021): Issued by China’s Ministry of Science and Technology, these guidelines stress the need for fairness, transparency, and controllability.
- Algorithm Regulations (2022): Enforceable rules governing algorithmic transparency and content moderation, particularly for large tech platforms like Baidu and Tencent.
- Data Security Law and Personal Information Protection Law (PIPL): These laws impose stringent data governance requirements, directly impacting AI deployment.