India aims to shape AI regulation discourse

As the G20 Summit approaches, Prime Minister Narendra Modi’s appeal for a global framework concerning the expansion of ‘ethical’ Artificial Intelligence (AI) tools signifies an intention to secure a leading role in the ongoing discourse about the necessity for international consensus on overseeing sectors like AI and cryptocurrencies.

This stance validates, at the highest echelons, the noticeable shift in New Delhi’s stance – progressing from an initial reluctance to implement legal measures for AI regulation within the nation, to presently embarking on the path of actively crafting regulations centred on a ‘risk-based, user-harm’ approach.

As part of this shift, evident changes have emerged, including a recent consultation paper released by India’s apex telecommunications regulator, the Telecom Regulatory Authority of India (TRAI), in July. The paper suggested the establishment of a domestic statutory authority to oversee AI regulation in India, employing a ‘risk-based framework’. It also proposed collaborations with international entities and foreign governments to establish a global agency responsible for ensuring the ‘responsible use’ of AI. This proposal for a global agency with regulatory jurisdiction over ‘responsible’ and ‘ethical’ AI usage is likely to be a significant element of India’s official submission at the upcoming leadership summit in the early part of the following month.

The development coincides with indications that the government intends to make clear distinctions among various online intermediaries, including platforms based on AI, and intends to issue specific regulations for each type of intermediary. These regulations will be encompassed in a new legislation named the Digital India Bill, which is anticipated to replace the existing Information Technology Act of 2000.

A mere few months ago, in April, the Ministry of Electronics and Information Technology stated its lack of intention to enact any laws for AI sector regulation. The IT Minister Ashwini Vaishnaw acknowledged that while AI raised ethical concerns and associated risks, it significantly contributed to the digital and innovation landscape. Vaishnaw clarified during the Budget Session in a written response in the Lok Sabha, “The NITI Aayog has released a series of papers on the subject of Responsible AI for all. However, the government is not currently considering legislation or regulation to restrain the growth of AI in the country.”