India drafts new AI law to tackle deepfakes, accountability gaps, and copyright issues

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India's Ministry of Electronics and Information Technology is developing a dedicated legal framework to address AI-related challenges including deepfakes, accountability gaps, and copyright issues. The government recognizes that existing laws, designed for human behavior, cannot adequately handle AI-specific problems like algorithmic bias, black box systems, and identity theft through cloned voices.

India AI Law Development Addresses Growing Technology Challenges

India is preparing to introduce a comprehensive India AI law as artificial intelligence reshapes how people work, create, and interact online. The Ministry of Electronics and Information Technology has begun consulting experts to develop a dedicated legal framework that addresses the mounting challenges posed by AI technologies

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. The proposed legislation aims to regulate AI misuse across social media and cyberspace, tackling issues that existing laws—written years before AI became powerful—cannot fully address.

S. Krishnan, Secretary at the Ministry of Electronics and Information Technology, confirmed that while current legal provisions can handle some problems like content labelling to some extent, they fall short in managing the expanding range of AI-specific challenges

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. The government recognizes that existing laws were drafted to govern human behavior, not autonomous AI systems, creating significant gaps in legal protection and enforcement.

Source: Digit

Source: Digit

New AI Law to Tackle Deepfakes and Identity Threats

The proliferation of deepfakes represents one of the most pressing concerns driving the legislative push. AI-generated deepfake videos and cloned voices have created substantial risks of fraud and identity theft, with harmful content spreading far faster than legal remedies can address

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. These synthetic media tools enable malicious actors to impersonate individuals convincingly, threatening online safety and personal security. The new framework seeks to establish clear mechanisms for preventing such misuse while ensuring swift action against violators.

Cyber attacks leveraging AI capabilities have also emerged as a critical threat vector. The government's proposed law will address how AI tools can be weaponized for sophisticated digital attacks, requiring new approaches to cybersecurity that account for machine-driven threats rather than solely human-initiated ones.

Source: Analytics Insight

Source: Analytics Insight

AI Accountability Gaps in Black Box Systems

One of the most complex issues the India AI law must resolve involves accountability in AI use when systems operate as black box AI systems. These technologies make decisions through processes so opaque that even their manufacturers cannot explain how specific outcomes are reached

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. This creates unprecedented liability questions: if an AI-enabled medical robot makes a surgical error or a self-driving car causes an accident, no existing Indian law specifies whether the manufacturer, user, company, or another party bears responsibility for the damage.

The proposed legal framework must establish clear lines of AI accountability that account for the unique nature of autonomous systems. This becomes particularly urgent as AI technologies take on more decision-making roles in critical sectors like healthcare, transportation, and finance, where errors can have life-altering consequences.

Copyright Issues and Data Use Require New Rules

AI tools have evolved beyond text generation to create images, songs, novels, and complex code, yet copyright issues remain unresolved

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. Current copyright laws only recognize human creators, leaving AI-generated works in legal limbo. Additionally, AI systems routinely train on massive amounts of copyrighted material from the internet without permission, raising fundamental questions about fair use and infringement that the new legislation must clarify.

The government is examining how to balance innovation with intellectual property protection, ensuring creators receive appropriate recognition while allowing AI development to progress. These rules will likely influence how AI companies operate in India and set precedents for data use practices.

Algorithmic Bias and Systemic Fairness Concerns

Experts have identified algorithmic bias as a significant challenge requiring legislative attention

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. AI systems can perpetuate or amplify unfair treatment of certain groups, potentially discriminating in job selection processes or loan approvals. The proposed legal framework will need to establish standards for fairness and transparency in AI decision-making, particularly in applications that affect people's livelihoods and opportunities.

As AI becomes embedded in everyday tasks—from writing and image creation to video editing—the need for clear rules to prevent technology misuse grows more urgent

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. The government's initiative to create a separate legal framework reflects recognition that AI presents fundamentally different challenges than previous technologies, requiring tailored solutions that protect citizens while fostering innovation. The consultation process with experts suggests India is taking a measured approach to crafting legislation that can adapt to rapidly evolving AI capabilities while addressing immediate threats to privacy, security, and fairness.

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