Don’t Regulate AI with One-Size-Fits-All Approach: Experts Suggest Flexible Rules Besides Digital India Act

As artificial intelligence is shaping the future of the world, the question of a legal framework keeps appearing. Recently, Union Minister of State for Electronics and IT Rajeev Chandrasekhar mentioned the Digital India Act while talking about regulations on emerging technologies.

In a recent live Twitter session, Chandrasekhar was asked whether there will be any legal framework for AI. In response, he stated that Digital India Act has an entire section on what are the go-no-go areas for any technology before it is openly proliferating.

One of the key points included safeguarding innovation to enable emerging technologies like AI and others.

Under the ‘Online Safety and Trust’, the government has also proposed the “Definition and Regulation of hi-risk AI systems through a legal, institutional quality testing framework to examine regulatory models, algorithmic accountability, zero-day threat & vulnerability assessment, examine AI based ad-targeting, content moderation etc.”

Similarly, under the section of ‘Accountable Internet’, it is said: “Accountability for upholding Constitutional rights of the citizens, especially Article 14,19 & 21; Ethical use of AI-based tools to protect rights or choices of users; Provision of a deterrent, effective, proportionate and dissuasive penalties, etc.”

Regulating AI

Nakul Batra, Partner at DSK Legal, told News18 that Digital India Act is similar to European Union’s (EU). “Such controlling measures must be welcomed for a well thought out and calibrated approach to start regulating the development and use of AI,” Batra said.

Kritika Seth, Founding Partner, Victoriam Legalis-Advocates & Solicitors, said though the act could help address some of the legal and ethical challenges associated with the development and deployment of AI systems in India, a legal framework alone may not be enough to address all the complexities of AI.

“One of the key challenges with regulating AI is that it is a rapidly evolving technology, with new applications and use cases emerging all the time. Therefore, any legal framework for AI must be flexible and future-proof to ensure that it can adapt to these changes,” Seth noted.

Tanay Tulsaney, Co-Founder of DigiLantern also stressed similar concerns saying a framework would be the right step, but it won’t be enough to guarantee the ethical use of AI in various industries.

Expert Suggestions

Tulsaney advised businesses to consider a multidisciplinary approach to AI governance, which involves a collaboration between legal and ethical experts, data scientists, and stakeholders in defining AI governance frameworks that align with organisational objectives while complying with the rules.

“Policymakers would need to focus on creating a legal framework that emphasises transparency and accountability that should include measures for data protection and privacy, ethical considerations, and the responsible deployment of AI technology,” he added.

Saurav Kasera, co-Founder of CLIRNET told News18, that the regulatory framework should strengthen the existing data protection laws, intellectual property laws and liability laws wrapping them up in ethical guidelines.

“This inherent structure of the law should be agile so that it evolves with new information and inventions. Ethical guidelines will have to prevent bias and discrimination, promote transparency and accountability, and provide a cushion towards the unintended consequences such as job displacement, erroneous data-driven decisions,” he noted.

Meanwhile, Seth noted that in terms of transparency, a legal framework could require that AI developers provide a clear explanation of how their algorithms make decisions, and establish an independent body to monitor and evaluate the use of AI in critical sectors.

“A legal framework in India could require that AI systems be designed with privacy in mind and that data protection standards are adhered to throughout the development and deployment of AI systems. It should also consider the ethical implications of AI,” the legal expert added.

According to Batra, regulating AI cannot be approached with a one-size-fits-all solution as AI is a versatile technology that is intended to replace human effort and intervention in various activities, which includes critical sectors such as defence, medicine, power and others, and usage comes with different levels of risk.

“The legal framework for AI must be principle-based so that it can adapt to any form the AI tech takes. The government has already taken a step towards this by releasing NITI Aayog’s strategy papers on #ResponsibleAI,” he noted.

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