Lok Sabha Question No. 869 (UNSTARRED), answered on 2024-02-07
Subject: Threat due to Generative AI
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Anto  Antony, Thomas Chazhikadan, Adoor Prakash, Pradyut Bordoloi, Dean Kuriakose

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION  NO. 869

TO BE ANSWERED ON: 07.02.2024

## THREAT DUE TO GENERATIVE AI

869: SHRI ANTO ANTONY:  SHRI THOMAS CHAZHIKADAN ADV. ADOOR PRAKASH:  SHRI PRADYUT BORDOLOI ADV. DEAN KURIAKOSE:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether the Government is aware of the potential harms of Generative AI and AIpowered tools and if so, the details thereof;
- (b) whether the Government plan to regulate Generative AI and other AI-powered tools for the responsible and ethical development of said technology including promotion of best practices and if so, the details thereof;
- (c) whether  the  Government  has  any  plans  to  bring  an  open  source  policy  for  Large Language Models to enable scrutiny of these models and if so, the details thereof;
- (d) whether  the  Government  has  conducted  or  plans  to  conduct  an  assessment  of  the impact AI services have had on personal data and the fundamental right to privacy and if so, the details thereof;
- (e) whether any steps are being taken by the Government to ensure ethical development and deployment of AI technologies considering potential societal impacts and if so, the details thereof;
- (f) whether there is a framework in place to address privacy concerns associated with AI applications,  especially  those  utilizing  Generative  AI  and  the  manner  in  which  the Government plan to safeguard individual privacy; and
- (g) the impact of AI application like ChatGPT on the job market in the country?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a),  (b)  and  (e): The Government's policies are aimed at ensuring that the Internet and all applications  /  platform  on  internet  including  AI  applications  in  India  are  Open,  Safe  & Trusted and Accountable to all our Digital Nagriks.

The  Government  considers  Artificial  Intelligence  is  the  most  significant  invention  and innovation in our times. Artificial Intelligence has in recent times accelerated its growth and capabilities and we are experiencing an inflection point in the growth of AI. AI represents a kinetic enabler of our digital economy and will further catalyze our digital economy goal.

India over the last 9 years has become a pre-eminent nation in developing technologies for the  benefit  and  transforming  the  lives  of  its  citizens.  The  Government  is  committed  to ensuring harnessing the power of AI for the good of our people and the rapid proliferation of the use of AI in sectors like healthcare, agriculture, education, Governance, DPI and others. However, the Government is very cognizant of the harms and criminalities that AI can create. Misinformation through deepfakes being one of the harms that are the direct consequences of AI. The government is also fully cognizant of need to create guardrails to ensure that AI is safe  and  trusted  for  Digital  Nagarik's  who  use  it  on  the  Indian  internet.  All  applications including AI applications within the government & private sector on the internet are rapidly aligning to the Government's expectation that they are safe & trusted AI.

India as a founding member and current council chair of the Global Partnership on Artificial Intelligence (GPAI) has recently held GPAI summit in New Delhi with participation of 28

countries. India has taken lead in ensuring that AI is available for all and developing global framework for safety & trust of AI models and applications.

(c): The Government's policies are aimed at ensuring that the Internet and all applications on internet including AI applications in India are Open, Safe & Trusted and Accountable to all our Digital  Nagriks.  The  use  of  Generative  AI  and  Large  Language  Models  are  still  in  its early  stages,  and  its  impact  is  likely  to  grow  as  the  technology  continues  to  evolve  and improve.

(d): No sir. Also, there is no such plan under consideration. However, the Digital Personal Data Protection Act, 2023 has been enacted on 11 th August, 2023 which casts obligations on Data  Fiduciaries  to  safeguard  digital  personal  data,  holding  them  accountable,  while  also ensuring the rights and duties of Data Principals. It should also be noted that the DPDP Act is a  framework  and  sets  out  the  key  principles  including  conducting  Data  Protection  Impact Assessment by the Significant Data Fiduciary.

(f): To ensure that Internet in India is Open, Safe and Trusted and Accountable, the Central Government after extensive public consultations with relevant stakeholders has notified the Information  Technology  (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules, 2021 ('IT Rules, 2021') on 25.02.2021 which was subsequently amended 28.10.2022 and 6.4.2023. These rules cast specific legal obligations on intermediaries, including social media intermediaries or platforms, to ensure their accountability towards safe & trusted Internet and in  case  of  failure  to  follow  such  legal  obligations  as  provided  in  the  IT  Rules,  2021,  by intermediaries, they shall lose their safe harbour protection under section 79 of the IT Act and shall be liable for consequential action or prosecution as provided under any law for the time being in force including the IT Act and the Indian Penal Code.

The IT Rules, 2021 cast the following legal obligations, among others:

- a) Rule 3(1)(b)  of  the  IT  Rules,  2021  prohibits  eleven  types  of  content  on  the  Indian Internet available on the intermediary platform.
- b) Platforms are required to ensure that their users do not use their platforms for sharing or transmitting content that violates Rule 3(1)(b) and other laws and that their terms of use expressly restrict use of eleven types of content under the law.
- c) Rule 3(1)(b)(v) and (vi) of the IT Rules 2021 prohibits misinformation and patently false  information  on  the Indian Internet or that  impersonates  another  person. Deepfakes are another form of misinformation powered by AI.
- d) Rule  3(1)(d)  of  the  IT  Rules  2021  mandates  the  platforms  to  ensure  expeditious action, well within the timeframes stipulated under the IT Rules, 2021, to remove or disable access to information/content that violates the aforesaid provisions of the IT Rules,  2021,  upon  receipt  of  court  orders  or  notification  from  the  Appropriate Government  or  its  authorised  agency  or  on  complaint  made  by  the  impersonated individual or person authorised by him in this behalf.
- e) Rule  4(2) of the IT Rules  2021  prescribes  that the significant social  media intermediaries shall cooperate with Law Enforcement Agencies (LEA) for prevention, detection, investigation, prosecution or punishment by enabling identification of the first  originator  of  information  related  to  the  sovereignty  and  integrity  of  India,  the security  of  the  State,  friendly  relations  with  foreign  States,  or  public  order,  or  of incitement  to  an  offence  relating  to  the  above  or  in  relation  with  rape,  sexually explicit material or child sexual abuse material (CSAM).

Platforms  are  being  reminded  and  made  aware  of  their  legal  obligations  and  about  the consequences of prosecution under relevant law if any of the prohibited contents is found in their platform including but not limited to deepfakes.

Government has informed platforms, as part of our zero tolerance policy for compliance, that the terms of use should be completely aligned to IT Rules, 2021 and their users should be cautioned at log in and at regular intervals about the prohibited content that are not permitted on  their  platforms  to  ensure  complete  awareness  amongst  their  users  about  what  is permissible or not on their platforms under the IT Rules, 2021.

Also,  they  have  been  reminded  about  their  obligations  of  expeditious  action  under  the  IT Rules, 2021, to remove or disable access to information/content that violates the aforesaid provisions of the IT Rules, 2021.

Government has also established Grievance Appellate Committees under the IT Rules, 2021 to allow users and victims to appeal online on www.gac.gov.in against decisions taken by the Grievance  Officers  of  intermediaries  in  case  they  are  dissatisfied  with  the  decision  of  the Grievance  Officer  in  case  of  legal  violations  including  deepfakes  or  fails  to  redress  the grievances  from  users  or  victims  or  an  individual  or  any  person  on  his  behalf  within  the timelines prescribed under the IT Rules.

In addition, the Ministry of Home Affairs operates a National Cyber Crime Reporting Portal (www.cybercrime.gov.in)  to  enable  citizens  to  report  complaints  pertaining  to  all  types  of cybercrimes, and also operates a toll-free helpline (1930).

(g): The  Government  considers  the  next  decade  as  'India  Techade',  a  decade  full  of technology opportunities  for  young  Indians.  India  over  the  last  9  years  has  become  a  preeminent nation in developing technologies for the benefit and transforming the lives of its citizens. India is globally recognized for its AI talent by top ranking (#1) on global indices for  parameters  such  as  AI  talent  concentration,  AI  Skill  Penetration,  AI  Skill  penetration (female), by the Stanford AI Index 2022, and AI Talent on the Global AI Index by Tortoise Media.

The advent of Artificial Intelligence applications such as ChatGPT is being used as a tool for augmenting capability.AI may result in automating some routine jobs but will also result in job  creation  in  various  data  science,  data  curation  etc.  This  will  require  reskilling  and upskilling  for  which  MeitY  has  initiated  'FutureSkills  PRIME'  a  programme  for  Reskilling/Up-skilling  of  IT  Manpower  for  Employability  in  10  new/emerging  technologies including Artificial Intelligence. Under this programme so far, 16.52 Lakh+ candidates have signed-up  on  the  FutureSkills  PRIME  Portal,  out  of  which,  2,92,389  candidates  have completed their course. In  addition,  2,258 Trainers and 10,986 Government Officials have been trained on these technologies by NIELIT/C-DAC Resource Centres.

Further, National e-Governance Division (NeGD), MeitY in collaboration with its partners, has  launched  'YUVAi:  Youth  for  Unnati  and  Vikas  with  AI'-  A  National  Programme  for School Students with the objective of enabling school students from classes 8 th to 12 th with AI tech  and  social  skills  in  an  inclusive  manner.  The  programme  will  provide  a  platform  for youth to learn and apply AI skills in 8 thematic areas- Krishi, Aarogya, Shiksha, Paryavaran, Parivahan,Grameen Vikas, Smart Cities and Vidhi aur Nyaay.

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