As the election season draws to a close, legal experts and law enforcement agencies are grappling with the increasingly blatant misuse of Artificial Intelligence (AI) for electoral campaigns and propaganda. Instances of deepfakes promoting various political agendas have surfaced, yet perpetrators often evade consequences due to the absence of specific regulations addressing AI manipulation on such a large scale. India currently lacks tailored laws directly targeting generative AI, deepfakes, and the surge in AI-related crimes.
Protecting Citizens’ Rights
Mishi Choudhary, Founder of SFLC (Software Freedom Law Center), emphasizes the inadequacy of existing laws, stating, “India struggles to safeguard its citizens’ information and privacy amidst the evolving AI landscape.” While legislative efforts like the Digital Personal Data Protection Act (DPDPA) and the anticipated Digital India Bill aim to mitigate risks, regulatory advisories lack concrete directives for effective implementation, rendering formulation and passage of regulations ineffective without stringent enforcement.
Demand for Stringent Provisions
Shailendra Vikram Singh, former Deputy Secretary, Ministry of Home Affairs, underscores the need for updated regulations, suggesting the expansion of the IT Act to cover AI-enabled services and products. Balancing stringent laws with innovation is paramount, ensuring transparency, accountability, and fairness to prevent harm to national interests while fostering responsible AI development.
Aruna Sharma, former Secretary of the Ministry of Electronics and Information Technology, stresses the importance of a competitive legal framework amid emerging global regulations. Whether through dedicated AI legislation or integration into existing laws, India must prioritize safe and responsible AI development conducive to innovation.
Amar Patnaik, former Rajya Sabha MP, advocates for a comprehensive AI regulatory framework tailored to specific sectors, with an AI regulatory sandbox facilitating testing before wider implementation.
Existing Legal Provisions for Complaints
Under Section 66D of the IT Act, cheating by impersonation using a computer resource is punishable with imprisonment and fines.
The Information Technology Intermediary Rules mandate due diligence for social media intermediaries, prohibiting hosting of impersonating content.
Affected individuals can pursue defamation suits against creators of deepfake videos aimed at tarnishing reputations.
Consumer protection laws offer recourse for individuals harmed by fraudulent deepfake content distribution.
Efforts to address AI misuse in electoral contexts require urgent legislative action, ensuring protection of democratic processes and citizen rights.