Recently, a PIL has been filed in the Supreme Court in which the Central Government has been demanded to create a comprehensive regulatory and licensing framework regarding Artificial Intelligence i.e. AI based technologies. Petitioner advocate Aarti Sah has said that it is necessary to immediately create a legal system especially for such AI systems which can exactly copy the voice, picture or video of real people.
According to the petition, the uncontrolled spread of deeply created fake content i.e. deepfakes is seriously violating the privacy, dignity and reputation of people. The petition states that such technologies have already caused harm to many individuals and are becoming a threat to social harmony and national security. Let us tell you that in recent times, many celebrities like Akshay Kumar, Kumar Sanu and journalist Sudhir Chaudhary have got interim relief from Delhi and Bombay High Court on complaints related to deepfakes.
According to the available information, the petition has appealed to direct the Ministry of Information Technology (MeitY) and the Department of Telecommunications (DoT) to create a statutory system, so that responsible use of AI technologies can be ensured and accountability can be fixed from digital platforms like Google, Meta. Citing international examples, the petitioner pointed out that the EU, US, China and Singapore have already introduced risk-based classification, labeling and strict enforcement systems.
It is noteworthy that in the petition, the government’s inaction has been described as a violation of Articles 14, 19 and 21 of the Constitution. It has also been alleged that digital platforms do not take timely action on deepfake complaints, due to which the victims do not get relief. Citing important decisions of the Supreme Court such as Puttaswamy case (privacy rights) and Tahreen Poonawala case (prevention of digital violence), it has been said that now judicial intervention has become mandatory.
Three major orders have been demanded in the petition. First, the Central Government should be instructed to prepare a comprehensive regulatory framework on AI technologies. Second, it should be made mandatory for digital platforms to create transparent and time-bound mechanisms to remove deepfake content. And third, an expert committee comprising government, technology experts, jurists and civil society members should be formed to recommend ethical AI standards. The petition warns that deepfake technology has the potential to harm individuals, institutions and the democratic system within moments and without immediate intervention, it can be used as a weapon to influence elections and spread social disharmony.