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Legal Implications of AI in India.

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Author: Minakshi Trivedi, a student of B.T. Law College

    To The Point

    In India, the development of AI has been very evolutionary with involvement in healthcare, education and finance, emboldened by the Government’s schemes like NITI Aayog’s 2018, National Technique for Artificial Intelligence. India’s drastic switch to AI is mainly being operated by the Government by effectively and actively managing various problems and by taking the grounded approach to AI. While AI presents significant platforms for growth and development in the country, challenges and the issues with their unresolved techniques such as privacy, skill shortage issues, and various ethical issues need to be first taken into consideration for the regulation of this new transformative platform.
    The drastic emergence of AI has paved the path to an exceeding number of cyberattacks that utilise AI to aim organisations. As it is mentioned already, India is actively and immediately mingling Artificial Intelligence across various organisations and sectors, from medicine and legal corporates to financial sectors. While this technological switch has a lot of potential for growth and overall development, it also imposes many issues which cannot be turned a blind eye to. This article analyses the current legal environment of AI in the country, where guidelines are still subjected to rigid laws. As AI commences to impact largely the legal rights, intellectual property rights, and many more, India has been going through various unresolved difficulties: How to create while safeguarding people’s right to privacy and ensuring transparency.
    We will examine existing laws, various upcoming policies, relevant judgements, and guidelines to imply how India is incorporating the legal impact of AI. While there is no specific code for AI regulation, the legal foundation being worked upon now will influence not only our economy but also the basic structure of the Constitution.

    Abstract

    Artificial Intelligence is insurmountably switching and evolving from India’s traditional approach to the digital ecosystem at a faster pace, with hundred percent of involvement and inclusivity of various prominent fields such as healthcare, finance, education, agriculture, and governance. While the technology has a conspicuous potential for the articulate development and beneficial creation, it also raises many ethical queries related to privacy and copyright issues. This article takes an overall analysis of everything relevant to the modern development of AI. It will explore and imply various existing laws such as the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 that are being used to regulate the AI in India because no specific regulatory laws are still enacted. This article also talks about the prominent judgements and upcoming trends that may enlighten the future of AI regulation in India. Through an articulately and meticulously criticised legal specs, it examines if India is completely ready to structure the rights by ensuring justice and transparency and embolden and encourage creativity carefully and cautiously in this modern phase of advanced technology.

    Use Of Legal Jargon :-

    1. Absence of Sui Generis Legislation

    A specific law for a particular issue.

    1. Legal Personhood :-

    The ability of a company or a person to have legal obligations to fulfill. 

    1. Per se :-

    In itself or by itself. 

    1. Informed Consent :-

    Permission given by completely understanding the natureand the consequences of the act.

    The Proof :-

    1. Laws and Guidelines 
    2. Information Technology Act, 2000 –


    After analysing India’s laws for the regulation of the digital ambiance, it becomes pretty evident that although the Information Technology Act, 2000 was not authentically created for AI, it still is relevant to certain fields where AI platforms and tools are involved. For example, when AI systems come through any private and personal content, laws related to data protection and cybersecurity can be used, especially under sections covering misuse of the data. Moreover, because multiple AI models are used through intermediaries, the laws on the responsibility also become equally important. That said, this set of Act is reactive and was enacted even before AI reached this level of modernity. That means it has scarcity of the specific coded provisions that cover AI-specific issues such as autonomous decision-making or clarity.

    1. Digital Personal Data Protection Act, 2023 –


    The DPDPDA is the country’s most contemporary data protection law and is significantly important for the AI systems. It needs AI developers and the platforms to require user consent before any information is considered, which in turn ensures clarity and transparency. It also gives the brief introduction of the compulsions for data fiduciaries which multiple AI-driven sectors would be covered under. This Act is a vital and crucial step towards regulating how AI operates sensitive content but does not cover broader AI risks like bias, discrimination, or responsibility.

    1. Intermediary Guidelines 2021 –


    These guidelines were revised in the year 2021 and uphold more responsibilities on platforms, especially those operating AI while dealing with their content. Platforms like YouTube, Instagram, and Facebook have relied on algorithms that are fixated on machine learning to recommend content, identify hate speech, and block illegal material online.

    4. NITI Aayog’s National Strategy on AI, Vision without Legal Teeth –
    In 2018, India’s apex policy think tank, NITI Aayog, had briefly discussed the national technique and plan for artificial intelligence named AI For All. Rather than enacting laws, this document talked about ethical principles and transparency, responsibility, safeguarding laws, protocols, and policies etc.

    B. Upcoming Laws and Provisions:


    In a not-so-likely move towards AI-specific regulation, the Securities and Exchange Board of India had introduced a consultation paper that shows how AI should be utilised in the market. It offers a five-point governance model to make sure that AI systems used are bias-free, explainable, and completely transparent.


    Odisha became one of the first Indian states to enact a committed Artificial Intelligence policy. Though non-binding across the country, Odisha’s initiative is a true depiction of how regional governments might start transparent AI use as the central government works on a uniform code.

    Case Laws :-

    1. Justice K.S. Puttaswamy v. Union of India (2017)


    It was held here that the right to privacy is a fundamental right under the Constitution of India. This case lays down the constitutional ground for arguments around AI transparency. Any AI application that misuses personal information could now face strict and stern analysis and examination under this hearing.

    1. Shreya Singhal v. Union of India (2015)


    This decision repealed Section 66A of the IT Act, which had illegalised offensive speech that is written online. It was ruled that the section was overly and extremely vague with no specific codes. It was a signal that the systems should be operated in such a way that they do not breach constitutional restrictions on freedom of speech and expression.

    1. Anil Kapoor v. Artificial Intelligence Tool Creators


    In a recent case, it was held that the Bollywood actor Anil Kapoor obtained an injunction order against the misuse of his voice, name, and the famous acting postures by AI tools. This was among the first examples in the country where a celebrity’s identity was safeguarded from AI illegal operation.

    1. News Broadcasters v. ChatGPT and OpenAI


    Multiple Indian media companies have raised various concerns regarding AI firms using their content to programme into the AI models without the legal consent and permission.

    Conclusion :-

    India’s legal life with artificial intelligence is in a state of quick transformation but has a scarcity of AI-specific codes. While the country has achieved milestones through landmark judgements, regulations, and data safeguarding guidelines, the recent legal framework is still evident in traditional laws that were never created to control machines that not only think analytically but also act on their own.
    The path ahead should now incorporate innovative laws that deal with AI nature specifically, that cover its capacity for decision-making and its evolutionary capability. Such a law must lay down clear lines of transparency, define the rights of the AI subjects, set ethical principles, and mingle with global standards. Only then can India completely flourish and reap benefits out of AI while also avoiding risks as much as possible, but through intellectual, open-minded, straightforward lawmaking structure.

    FAQ’s :- 

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