| Introduction: Define Generative AI Body: What are the challenges posed by GAI to legal frameworks and how to address them? Conclusion: Way forward |
Generative AI uses Artificial Intelligence and Machine Learning algorithms to enable machines to generate new content (machine-generated). Generative AI presents a unique set of challenges to India’s legal landscape.
Challenges posed by Generative AI (GAI) to the Indian Legal System
- Intermediary Liability: The landmark Shreya Singhal judgment upheld Section 79 of the IT Act, granting intermediaries ‘safe harbor’ protection against liability for hosted content, provided they meet due diligence requirements. Applying this to GAI tools is challenging as opinions differ on whether these tools should be considered intermediaries, conduits, or active creators.
- Copyright Conundrum: Section 16 of the Indian Copyright Act, 1957, does not address AI-generated works, and globally there is reluctance to extend copyright protection to such works.
- Data Privacy and Security: The K.S. Puttaswamy judgment (2017) established a strong foundation for privacy in India, leading to the Digital Personal Data Protection Act, 2023 (DPDP), which introduces the “right to erasure” and the “right to be forgotten.” GAI models cannot truly “unlearn” data once trained, raising questions about how individuals can exercise control over personal information embedded in AI models.
Adapting the Indian Legal System
- Temporary Immunity and Sandbox Approach: Grant GAI platforms temporary immunity from liability, adopting a sandbox approach to allow responsible development while gathering data to identify legal issues. This would inform future laws and regulations.
- Legal Compliance: Ensure developers prioritize legal compliance in data acquisition for GAI training, including proper licensing and compensation for intellectual property. Solutions could include revenue-sharing or licensing agreements with data owners.
- Judicial Training: Provide training for judges and legal professionals on AI and its implications to enhance judicial capacity.
- AI Ethics Committees: Establish committees to oversee the ethical implications of AI applications.
- Legislative Reforms: Develop specific laws for AI addressing issues like ownership, liability, and data governance. The Personal Data Protection Bill (PDPB) can be amended to address AI-specific data collection practices.
Conclusion
By taking these steps, the Indian legal system can adapt to the evolving landscape of Generative AI and ensure a future where this technology promotes innovation while upholding the principles of fairness and accountability.
