New governance model for AI: In issuing AI advisory, MEITY becomes a deity

Source: The post new governance model for AI has been created, based on the article “In issuing AI advisory, MEITY becomes a deity” published in “ The Hindu” on 15th March 2024.

UPSC Syllabus Topic: GS 2  – Governance – Government policies, GS-3, Science and Technology- Awareness in the IT, computers

News: The article discusses how India’s MEITY issued vague advisories on AI regulation, without clear legal basis. These advisories, often made in response to specific events, demand compliance from tech companies but lack detailed guidelines or legal authority. This approach has led to criticism and confusion.

What is MEITY’s recent AI regulation?

MEITY’s recent AI regulation, issued on March 1, 2024, introduces a new governance model for AI that involves licensing AI models. This regulation specifically targets AI models for bias prevention and categorizes them as “under testing” or “unreliable.”

For information on Regulation of AI read here

What is the controversy around MEITY’s advisories?

MEITY’s advisories lack legal clarity: They are not well-defined under the principal legislation of the IT Act, causing uncertainty about their legal standing.

Reactive to specific events: Advisories were issued in response to events like the viral deepfake video of Rashmika Mandanna and a controversial AI response about the Prime Minister.

Vague requirements: Terms like “bias prevention” and “unreliable AI” in the advisories are undefined, leading to ambiguity and confusion.

Unclear enforcement: The advisories imply compliance but don’t state clear penalties or legal consequences, making them seem more like forced suggestions.

How has the government responded to criticism?

Exemption announcements on social media: The Minister exempted startups from the advisory in a Twitter post, showing an informal response to concerns.

Unclear explanations: In response to criticism, the Minister offered vague interpretations on social media, failing to provide concrete clarifications or official documentation.

Avoiding key issues: Despite criticism, the Minister avoided discussing the controversial licensing requirement, focusing instead on labeling the advisory as merely a suggestion.

Changing stance: The government’s approach shifted from formal retraction in the past (like the Draft Encryption Policy in 2014) to maintaining their position despite the recent backlash, indicating a less responsive stance to public criticism.

What does this reflect about technology policy in India?

Influencer culture influence: Technology policy in India is increasingly swayed by social media and press coverage rather than thorough, deliberative processes.

Expanding scope of IT Rules: The IT Rules, 2021, originally for user-generated content, now broadly cover digital news and online gaming, leading to legal challenges.

Decline in Formal Policy Processes: The trend of modifying advisories informally on social media indicates a departure from formal legislative procedures.

Risks in Criticism: A new environment where critiquing government policies carries greater risk, indicating a shift towards more authoritarian digital governance.

Question for practice:

Examine how MEITY’s recent advisories and regulations on AI in India reflect the evolving landscape of technology policy