INDIA Law and Practice Contributed by: Shivalik Chandan, Hardik Choudhary, Dhruv Singh and Arjun Khurana, G&W Legal
Consumer Protection Act, 2019 The CPA can come into play and govern AI, if AI systems are considered to be a product or a service from the point of view of a customer. IPR laws Deployment and use of AI is also regulated by the Copyright Act, 1957 and the Patents Act, 1970 as far as they concern content/inventions generated by and/or using AI. There is also the potential impact on a person’s personality rights and rights of privacy in the case of unauthorised use of the person’s likeness/use of deepfake technology. Indian courts have taken cognisance of this and in 2023, a famous actor secured pro - tection against unauthorised use by AI (among In November and December 2023, MeitY issued advisories to social media intermediaries under the IT Act and IT Rules 2021 to regulate mis - information on their platforms by AI-generated deepfakes. MeitY’s Advisory on large language model (LLM) and/or generative AI others) of his personality rights. MeitY’s Advisory on Deepfakes This was released on 15 March 2024, for inter - mediaries and platforms under the IT Rules 2021, in relation to the use of AI model(s)/LLM/ generative AI. The advisory restricts the display/ hosting of unlawful content; does not permit any bias or discrimination or threat to the integrity of the electoral process; and mandates that such models should be made available to users in India only after appropriately labelling the pos - sible inherent fallibility or unreliability of the out- put generated.
Guidelines for Prevention and Regulation of Dark Patterns, 2023 The guidelines, discussed in 1.4 Consumer Pro- tection , also apply to AI service providers. Drone Rules, 2021 These rules govern the deployment of drones by private entities. The rules specifically include “unmanned aircraft system”, which can operate autonomously, and require, among other things, their mandatory registration with the Directorate General of Civil Aviation. BIS draft Indian standard on AI In January 2024, the BIS released the draft Indi - an equivalent of IS/ISO/IEC 42001:2023, which provides guidance for establishing, implement - ing, maintaining and continually improving an AI management system within the context of an organisation. There are no specific regulations for autonomous vehicles yet, but there are autonomous bodies, which provide platforms for the development of advanced driver-assistance system (ADAS)/ autonomous vehicle functionality. Vehicles in the Indian market with existing ADAS facilities are governed by the regular motor vehicle laws of the country. Government Reports In December 2024, MeitY’s AI governance subcommittee published its Report on AI Gov - ernance Guidelines Development, outlining a framework for AI regulation in India. The report emphasises three principles: regulating AI across its life cycle (development, deployment, diffu - sion); considering all ecosystem stakeholders (data subjects, providers, developers, deploy - ers and users); and adopting a “techno-legal” governance approach to address the dynamic nature of AI technologies. It recommends a gap
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