Delhi HC Grants Extension to Centre in AI and Deepfake Regulation Plea

The Delhi High Court has granted an extension to the Centre on a plea addressing the crucial issue of the non-regulation of artificial intelligence (AI) and deep fake technologies in India.

A bench of Justice Manmohan and Justice Manmeet Pritam Arora, has allowed an additional two weeks for the Centre to file its response. The matter is scheduled for listing on February 18, 2023. The court emphasized the extensive nature of the issue and called for a response from the concerned Ministry of the Union of India.

During the previous hearing, the Court directed the Union of India to clarify its stance on the regulation of artificial intelligence (AI) and deepfake technologies in India, emphasizing the urgent need for regulatory measures. The petitioner, Chaitanya Rohilla, an advocate practicing through Advocate Manohar Lal, expressed concerns about the malicious use of AI, particularly in disseminating misinformation through deepfakes. The petitioner cited instances of targeted propaganda and highlighted the ethical concerns associated with deep learning techniques used in the creation of synthetic media.

In the previous hearing, it was conveyed to the court that the government is actively addressing the issue and is in the process of formulating rules and regulations. The Public Interest Litigation (PIL) raised crucial questions about the absence of regulations governing AI and deepfakes, underlining the potential severe consequences. Key issues addressed in the plea include defining AI, the risks associated with AI systems, the deceptive nature of deepfakes, recent incidents, the intersection of AI with personal data protection, and India’s global standing in this regard.

The PIL underscored the exponential growth of AI, its integration into society, and the unique challenges it poses. Privacy violations were also a concern, with instances cited of economic and emotional harm due to insufficient safeguards. The PIL drew attention to global regulatory efforts, such as the European Union’s AI Act and voluntary safeguards in the United States. In the Indian context, existing laws are considered inadequate for addressing deepfake manifestations, and apprehensions persist regarding the Digital Personal Data Protection Act, 2023.

The PIL provided a list of websites offering deepfake services, stressing the need for identification and regulation by relevant authorities. It sought the court’s intervention through a writ of mandamus to address issues such as the identification and blocking of deepfake-related websites, dynamic injunctions, guidelines for AI enforcement, and the fair implementation of AI in society. The plea highlighted the legislative vacuum and emphasized the necessity of the court’s intervention to safeguard fundamental rights guaranteed by the Constitution. The petitioner urged the Court to issue a writ of mandamus, directing the respondent to identify and block websites providing access to deepfake AI, issue dynamic injunctions, establish guidelines for AI regulation, ensure fair implementation of AI, and issue guidelines for AI and deepfake access in strict accordance with Fundamental Rights.