Monsoon Session: Eyes On Generative AI & Deepfake As Parliament Plans To Discuss Concerns, Recommendations

MeitY earlier this year issued an advisory requiring intermediaries to obtain explicit government permission before deploying under-testing or unreliable AI models.

The Monsoon Session of Parliament began on Monday, marking the start of Prime Minister Narendra Modi's third term. Finance Minister Nirmala Sitharaman's Union Budget presentation and discussions on the NEET paper leak case have been prominent so far. However, the session is expected to address significant technology-related issues as well, according to the Legislative Brief, as seen by ABP Live. Key topics include the Digital Personal Data Protection Act (DPDPA), 2023, and the Broadcasting Services (Regulation) Bill, 2023.

Amidst all these, owing to the sudden rise in popularity of artificial intelligence (AI) and generative AI tools such as ChatGPT and others, the Parliament will hold thorough discussions on the concerns surrounding the emerging technology.

Eyes On Generative AI

In December 2023, the Ministry of Electronics and Information Technology (MeitY) highlighted concerns about the societal impacts of synthetic AI-generated media, such as deepfakes.

MeitY announced plans to address these issues through legislation, advisories, and amendments to the IT Rules, 2021. A formal advisory on December 26, 2023, reminded intermediaries of their obligations under the IT Amendment Rules, 2023, emphasising legal consequences for non-compliance.

On March 1, 2024, MeitY issued another advisory requiring intermediaries to obtain explicit government permission before deploying under-testing or unreliable AI models.

Following criticism for its vague language and potential to hinder innovation, MeitY revised this advisory on March 15, removing the government approval requirement. The former Minister of State later clarified that the directive applied only to significant platforms, not startups.

What Are The Main Concerns?

There are concerns about MeitY’s inconsistent statements and rushed policy measures, which could create uncertainty.

The IT Amendment Rules, 2023, face criticism for definitional gaps and challenges in identifying synthetic media. This, combined with the threat of losing platform immunity and severe penalties for non-compliance, could impact media freedom.

What Are The Recommendations?

The Brief recommends a more deliberate approach to addressing synthetic media and other emerging digital issues.

"In the absence of long-term interventions that address underlying social problems, MeitY must reevaluate the proposed imposition of a penalty or taking away safe harbour in case of inaction or delayed action on the part of platforms," the Brief noted. Broader consultation and deeper understanding are needed to develop effective long-term solutions.