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Introduction
Cognisant of the importance of developing, deploying and utilising safe artificial intelligence (AI) systems, India has published various guidelines over the years, starting with the National Strategy for AI in 2018, to the Complex Adaptive Framework to Regulate Artificial Intelligence in 2024, to encapsulate myriad perspectives to regulate AI systems in accordance with changing needs. While India has yet not conceived of a specific regulatory framework that directly governs the development, deployment and utilisation of AI systems (akin to the EU Artificial Intelligence Act), current laws pertaining to intellectual property (such as the patents1 and copyright laws2), personal data protection,3 information technology4 and consumer protection5 assist in regulating certain aspects of AI technology at this time. The central government has also previously stated in the Indian Parliament6 that insofar as copyright is concerned, existing law is well equipped to protect AI-generated works. With respect to future legal frameworks governing AI in India, the Digital India Act is stated to be one of the pieces of expected legislation that will attempt to deal with the ill effects of AI technology and will support the AI ecosystem in the country.7 The Indian competition authority is also conducting a market study on AI,8 which may provide further understanding of how AI regulation may be developed. The Minister of Electronics and Information Technology recently stated that India’s approach to AI regulation would balance both 'space for innovation', while simultaneously ensuring that 'harms that may come to society are fully controlled'.9
In courts, the protection of personality rights against misuse by users of generative AI tools has taken centre stage over the past year. The judiciary has also observed that generative AI tools such as ChatGPT cannot be the basis of adjudication of legal or factual issues in a court of law.10
