At the 3rd Law & Constitution Dialogue, a panel of experts from diverse fields addressed the potential risks and opportunities of Artificial Intelligence (AI) in governance, politics, and the judiciary. The discussion centered on AI-driven deepfakes, the rapid evolution of technology, and the urgent need for tailored regulatory measures. Panelists included Kartikeya Sharma (Rajya Sabha Member), Subimal Bhattacharjee (Cyber Technology Expert), Meghna Bal (Director at Esya Centre), and K. J. Alphons (Former Union Minister and Advocate).
Deepfakes: A Growing Threat to Trust and Security
Deepfakes—AI-generated fake images, videos, or audio recordings—were a major focus of the panel. Kartikeya Sharma highlighted real-world incidents, such as a deepfake of Sunil Bharti Mittal used in a scam and videos of Elon Musk employed in Bitcoin fraud schemes.
“I’d say the genie is already out of the bottle. It’s difficult to quantify or predict how it will evolve,” Sharma remarked, emphasizing the need for a comprehensive regulatory framework to keep pace with this rapidly advancing technology.
The panel acknowledged that while some global regulations, like the European Union’s watermarking initiatives, are in place, technology continues to outstrip these efforts.
Balancing AI Risks and Opportunities
Former Union Minister K. J. Alphons offered a stark assessment, likening the challenge of regulating AI to combating the emergence of new COVID-19 variants:
“I don’t think regulations can keep up because technology evolves so fast.”
Despite this, Alphons highlighted AI’s potential for positive impact, particularly in governance, citing its ability to enhance decision-making in poverty alleviation, healthcare, and education.
Deepfakes as a Misinformation Tool
Meghna Bal provided a nuanced view, comparing deepfakes to other forms of misinformation, such as fake news. Referencing a Harvard study, she noted that people are equally skeptical of deepfakes and other manipulated content:
“The perception that deepfakes are inherently bad or illegal is misleading. The issue isn’t new—it’s about misinformation, which has always existed in different forms.”
Bal also underscored the benign applications of deepfake technology, including its use in medical research and public awareness campaigns. However, she warned of its challenges in the political sphere and stressed the importance of regulation to prevent misuse.
Regulatory Challenges and India’s Unique Path
Subimal Bhattacharjee emphasized the vast potential for AI misuse, particularly in generative AI technologies, and noted that India has yet to develop specific AI legislation. While he acknowledged Europe’s progress in regulating deepfakes, he cautioned against blindly adopting Western approaches:
“India needs to chart its own path, tailored to its unique challenges.”
Bhattacharjee also highlighted technical challenges in combating deepfakes, noting that existing detection technologies are not foolproof.
Meghna Bal echoed these concerns, pointing out the complexities of enforcing solutions like watermarking:
“Detection technology is not foolproof because deepfakes are specifically designed to bypass detectors.”
Ownership and Privacy in the Age of AI
The panel delved into the legal questions of ownership over one’s voice and likeness. Meghna Bal affirmed that Indian courts have upheld the right to privacy, even for public figures, referencing cases involving celebrities like Anil Kapoor. However, she noted the difficulty of enforcing these rights in an era where deepfakes can easily exploit digital likenesses.
India’s Future in AI Regulation
Looking ahead, Kartikeya Sharma emphasized the importance of proactive measures, proposing the creation of a “Committee for Future Affairs” to anticipate technological challenges:
“AI itself is not inherently bad; it’s the way it’s used that matters. By understanding these challenges early, we can get ahead of the curve.”
The panel agreed that India must balance regulation with innovation, ensuring that measures to curb misuse do not stifle technological progress.
Key Takeaways
Deepfakes as a Threat: Deepfakes pose significant risks in trust, security, and politics, necessitating urgent regulatory action.
Regulatory Challenges: Technology evolves faster than regulation, requiring innovative and flexible approaches.
India’s Unique Path: Tailored solutions that address India’s specific challenges are crucial, avoiding wholesale adoption of Western models.
AI’s Dual Potential: While AI can be a force for good, its misuse demands robust safeguards.
Ownership and Privacy: Legal frameworks must adapt to protect individuals’ digital likenesses in the AI era.
As the dialogue concluded, the consensus was clear: while AI and deepfake technology offer immense potential for progress, they also pose unprecedented challenges that demand immediate and thoughtful action.
