A public interest litigation (PIL) has been filed in the Delhi High Court for regulation of Artificial Intelligence (AI) and deepfake technologies in India. Delhi High Court has accepted the petition and listed the matter on January 4.
Deepfake AI is a type of deep learning algorithm that uses large amounts of data to teach itself how to solve problems. These algorithms are used to alter faces in videos, pictures and other digital content to make a fake one look more like the real one.
The petitioner, a lawyer named Chaitanya Rohilla, has filed the petition here demanding regulation of this new technology.
Advocate Manohar Lal, representing the petitioner, provided examples of targeted propaganda and the malicious use of AI to spread misinformation through deepfakes.
A bench of Justice Manmohan and Justice Mini Pushkarna listed the matter for January 4, 2024, as counsel for the respondents sought time to obtain instructions from the government.
The Centre’s counsel informed the court that the government is actively addressing the issue and is in the process of framing rules and regulations.
The PIL raised concerns about the absence of regulation for AI and deepfakes and emphasized the potentially serious consequences. Key issues include defining AI, risks associated with AI systems, the deceptive nature of deepfakes, recent incidents, the intersection of AI with personal data security and India’s global position.
The petition emphasizes the rapid growth of AI, its integration into society, and the unique challenges it poses.
It also expressed concern about privacy violations, citing examples of economic and emotional losses due to inadequate security measures.
The PIL highlighted global regulatory efforts such as the EU’s AI Act and voluntary safeguards in the United States.
In India, existing laws are considered inadequate to address deepfake manifestations, and concerns remain regarding the Digital Personal Data Protection Act 2023.
The PIL identifies websites offering deepfake services, and emphasizes the need for identification and regulation by the concerned authorities.
The petition addresses issues such as identification and blocking of deepfake-related websites, dynamic injunctions, and mandamus (an order that compels a government official or lower court to perform a specific duty that is legally required of them). Urges court intervention through. Guidelines for AI enforcement, and fair implementation of AI in society.
This underlines the legislative void and the need for court intervention to protect the fundamental rights guaranteed by the Constitution.
