Artificial Intelligence (AI) is here to disrupt the world. It offers opportunities to enhance and support human intelligence, improving the way people live and work. AI has high-level cognitive processes like perceiving, thinking, problem solving, learning and decision-making, supported by data collection, aggregation, computer processing powers, and analytics. While AI is hailed as the future, the important question crops up, do we have a regulatory framework to regulate AI in India?
In recent years, the Indian government has taken steps to introduce guidelines for regulating AI technologies in the country, but as of now, there are no laws regulating AI technologies in India. The evolution and exponential spread of AI in India have made it very important for Indian lawmakers to bring in strict regulations to effectively manage AI technologies. There is widespread use of AI, people actively use it for writing content for websites & social media platforms. The content written by AI uses all the algorithms and mechanisms to research and write the content. However, AI lacks human intelligence and sometimes fails to match expectations (reference here).
The absence of human feelings and emotions is the major reason why there is a necessity to regulate AI-generated content. The question of censoring AI-generated content is of utmost significance, as it affects the morality and integrity of society at large. The government along with its relevant agencies is trying to regulate AI in the best possible manner. However, the evolving nature of artificial intelligence is preventing the government from making a concrete regulatory policy.
AI Content Regulation in India & Censorship
In India, the government and digital platforms work together to monitor and control the content created by AI. It is essential to ensure user safety and appropriate content is delivered to the public. This includes removing harmful material such as hate speech, fake news, and anything that could threaten public order or decency.
An important guideline that helps moderate digital content inclusive of AI-generated content in India is the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules require the platforms to practice reasonable care in moderating their contents by applying robots to identify and take out illegal materials quickly. The Ministry of Electronics and Information Technology (MeitY) is responsible for enforcing these rules thereby ensuring that digital intermediaries adhere to legal norms. The IT Act, of 2000, also plays a role in regulating online content, ensuring that AI-generated material does not promote violence, defamation, or obscenity. Additionally, the Cinematograph Act, of 1952, and guidelines from the Ministry of Information and Broadcasting ensure that AI content in films and media is censored for inappropriate content.
Free Speech in India – Constitutional Safeguards
Article 19 of the Indian Constitution guarantees citizens the right to freedom of speech and expression. This fundamental right ensures that individuals can freely express their opinions and share information without undue censorship or restriction, subject to reasonable limitations for purposes such as public order, security, and decency (reference here).
Content generated by AI also falls under the purview of Article 19. When individuals use AI to create and share content, they are exercising their right to free speech and expression. For instance, AI can help write articles, create social media posts, or generate reports, enabling users to convey their ideas and thoughts more efficiently. Although AI aids in expression, users must ensure the content adheres to the legal boundaries established by Article 19. This means AI-generated content should not incite violence, harm public order, or spread misinformation.
The responsible use of AI-generated content is crucial. It must respect the principles of decency and morality and avoid defamation or invasion of privacy. Thus, while AI provides a powerful tool for exercising freedom of speech and expression, it is essential to use it within the ethical and legal frameworks set by Article 19 of the Indian Constitution.
The aim is to strike a balance between the benefits of AI - like creativity and efficiency, with the need to safeguard people from harmful content. Platforms use self-regulation and legally prescribed guidelines to review and filter AI-generated material, ensuring it does not promote violence, defamation, or obscenity. Overall, the focus is on making sure AI-generated content is used responsibly. This helps maintain a safe and respectful digital environment while also allowing people to enjoy the advantages of AI technology.
What’s next?
AI-generated content is subject to some limitations since it works on a set of algorithms. The content generated by artificial intelligence cannot be on par with human intelligence, therefore there is a high chance that AI may use obscene language and hurt the sentiments of the audience. AI is in its evolutionary phase and new developments keep taking place from time to time. In recent years, the Indian government has taken initiatives to regulate AI and other evolving technologies. However, something concrete is yet to be discovered and the policy still needs some formulation for the same. The volatile nature of the technology has prevented the government from framing a strict policy on Artificial Intelligence (AI).
