Delhi HC grants Centre more time to respond to plea seeking regulation of Artificial Intelligence, deep fakes

Jan 08, 2024

New Delhi [India], January 8 : The Delhi High Court on Monday granted more time to the Centre on a plea addressing the crucial issue of artificial intelligence (AI) and deep fake technologies' non-regulation in India and said this issue has a large dimension.
The bench of Justice Manmohan and Justice Manmeet Pritam Arora on Monday granted two weeks' additional time to file its response over this matter and listed it for February 18, 2023.
They said this issue has a large dimension so let the concerned Ministry of Union of India respond on the issue.
On the last date of the hearing, the Court asked the Union of India to clear its stand on the issue concerning artificial intelligence (AI) and deepfake technologies in India, emphasising the urgent need for their regulation.
The plea was moved by the petitioner, Chaitanya Rohilla, an advocate practicing through Advocate Manohar Lal, who stated that the malicious use of AI for misinformation through deepfakes, citing instances of targeted propaganda, deepfakes, utilising deep learning techniques, i described as a form of synthetic media with applications raising ethical concerns.
On the last date of the hearing had apprised the court that the government has already taken this issue seriously and is in the process of making rules and regulations in this regard.
The PIL raised questions about the non-regulation of AI and deepfakes, highlighting the potential dire consequences.
Key issues include defining AI, the risks associated with AI systems, the deceptive nature of deepfakes, recent incidents, the intersection of AI with personal data protection, and India's global standing.
The plea emphasizes the exponential growth of AI, its integration into society, and the unique challenges posed. The PIL also showed concerns about privacy violations, citing instances of economic and emotional harm due to inadequate safeguards.
The PIL drew attention to global regulatory efforts, such as the European Union's AI Act and voluntary safeguards in the United States. In India, existing laws are deemed
inadequate for addressing deepfake manifestations, and concerns persist about the Digital Personal Data Protection Act, 2023.
The PIL lists websites offering deepfake services, emphasising the need for identification and regulation by relevant authorities.
The plea urged the court's intervention through a writ of mandamus to address issues like identification and blocking of deepfake-related websites, dynamic injunctions, guidelines for AI enforcement, and fair implementation of AI in society.
It emphasised the vacuum in legislation and the need for the court's intervention to protect fundamental rights guaranteed by the Constitution.
The petitioner requested the Court issue a writ of mandamus, directing the respondent to identify and block websites providing access to deepfake AI, issue dynamic injunctions, lay down guidelines for AI regulation, ensure fair implementation of AI, and issue guidelines for AI and deepfake access in strict accordance with Fundamental Rights.