Indian Government Likely to Amend IT Act for AI and GenAI Models

The Indian government is reportedly contemplating revisions to the Information Technology (IT) Rules of 2021, aiming to introduce new regulations governing artificial intelligence (AI) entities and generative AI models within the digital landscape.

Proposed Amendments for AI Regulation

The anticipated amendments are poised to mandate stringent regulations for platforms employing artificially intelligent algorithms or language models in machine training. Sources familiar with the matter, cited by a media agency highlight the impending requirements: AI-driven mechanisms must be free of any discernible bias.

Officials from the Ministry of Electronics and Information Technology (MeitY) are expected to imminently unveil these amendments, emphasizing the imperative nature of AI algorithms or language models to eschew inherent biases or data-trained biases in their deployment for open use.

Addressing Biases and New Rules

Beyond preventing biases in AI and language models, the envisaged amendments to the IT Rules might encompass additional stipulations. The regulations could extend to covering deepfake and synthetic content, while also laying down explicit instructions for platforms hosting loan apps, as indicated in the report.

Strengthening Bias-Free Algorithms

Commenting on the scope of the regulations, a senior government official highlighted that existing bias parameters revolve around caste, religion, community, and national security. The forthcoming legal obligations on platforms will broaden these parameters, ensuring adherence, and enhancing internet trust and safety.

Rigorous Testing and Digital India Bill

Measures to ensure bias-free AI models include mandatory sandbox and stress testing before market introduction. Meanwhile, the Digital India Act, proposed to supersede the 23-year-old IT Act of 2000, remains pending until after the 2024 general elections, as stated by Minister of State for Electronics and IT, Rajeev Chandrasekhar.

Emphasizing Secure and Responsible Internet Use

The Digital India Bill aims to fortify internet security and user accessibility while curtailing the dominance of major tech entities. Unlike the existing IT Act of 2000, which shelters intermediaries, the proposed Bill shifts responsibility to these entities for the content published on their platforms.

Future Steps and Stringent Penalties

Earlier reports indicated an impending draft release of the Digital India Bill by the government, entailing penalties of up to INR 500 Cr for breaches. The Bill aims to define and penalize offences such as doxing, cybersquatting, astroturfing, and other cyber misdemeanors.

Looking Ahead: The Digital India Act on the Horizon:

• Digital India Act Delayed: While the IT Act amendments are expected soon, the comprehensive Digital India Act, intended to replace the IT Act of 2000, is not anticipated before the 2024 general elections.

• Balancing User Safety and Tech Dominance: The Digital India Bill aims to secure a safe and accessible internet for Indian users while curbing the dominance of major tech corporations.

• Clearer Liability and Adjudication: Unlike the current safe harbor provisions for intermediaries, the Bill establishes clear liability for platforms regarding content on their platforms. It also emphasizes the need for a dedicated adjudicatory mechanism for online offenses.

• Hefty Penalties and Precise Definitions: Penalties of up to ₹500 crores for Bill violations are under consideration, alongside clear definitions for emerging online offenses like doxing, cybersquatting, and astroturfing.