Isha, Author
ABSTRACT:
The pervasive influence of Artificial Intelligence (AI) on diverse sectors has sparked a mix of transformative opportunities and intricate challenges, necessitating a deep examination of its implications. This Article meticulously delves into the expanding impact of AI-propagated misinformation, with a specific emphasis on deepfakes, targeted political propaganda, and encroachments on data confidentiality. Prominent instances, such as the infamous Cambridge Analytica controversy and the far-reaching implications of AI in the 2016 U.S. presidential elections, vividly illustrate the pernicious ways in which AI has been harnessed to sway public perceptions and electoral dynamics.
The discourse compellingly argues for the establishment of robust legal frameworks and ethical guidelines to reinforce privacy safeguards, uphold democratic principles, and ensure accountability in AI deployment. Emphasizing the urgent necessity for a balanced approach that nurtures innovation while preserving essential rights and societal tenets, the analysis underscores the urgency of endorsing a coherent, transparent, and ethically responsible governance structure for AI. Implementing proactive measures like these are vital for reducing potential risks and promoting the ethical use of AI to influence public discussions and protect privacy in the realm of digital technology.
KEYWORDS: Artificial Intelligence, Privacy, Security, Democracy, Deepfakes, Technology, Surveillance
INTRODUCTION:
In recent years, the world has witnessed significant advancements in artificial intelligence (AI), which have brought both positive and negative consequences for individuals and societies. AI presents vast potential for progress, yet it simultaneously introduces substantial risks to privacy, security, and the integrity of democratic processes. As AI technology evolves, it not only transforms computing but also raises critical concerns about the protection of social values and constitutional rights. The threat to privacy, exemplified by social media algorithms and the Internet of Things, is just the beginning. Recent incidents have shown how AI can be manipulated to disrupt elections and undermine public trust in democratic systems. One of the most alarming developments is the rise of deepfake technology. While deepfakes have legitimate applications in entertainment and education, their misuse in political campaigns and misinformation efforts has created significant challenges, particularly in countries like India. Additionally, the emergence of Big Data and advanced data analytics has allowed corporations and politicians to manipulate vast amounts of personal information, influencing consumer behaviour and voting choices in ways that often remain hidden from public awareness. The cumulative effect of these technologies has led to a loss of privacy and, more concerningly, a diminishing ability for individuals to make independent decisions free from external influence. As a result, personal autonomy is increasingly compromised, and individuals are subjected to the control of powerful systems that limit their freedom to choose.
THE THREAT OF AI – GENERATED MISINFORMATION IN ELECTIONS AND PRIVACY
Artificial intelligence is increasingly employed to exert influence on public opinion. Particularly during electoral periods, by customizing emotionally charged content to target individuals based on their personal data.
AI systems depend on extensive datasets to power their algorithms. In the case of elections, this frequently involves the comprehensive gathering of personal information from voters. Political campaigns, social media platforms and third party vendors gather data like voting preferences, internet browsing history, and social media interactions to tailor their messages to individuals. Given the increasing integration of AI in electoral campaigns, the absence of clear information regarding the utilization of personal data has the potential to diminish confidence in the political system.
There had been many instances in India and other countries where AI was misused:
- Ex- AI generated image of the UK’s King & PM in Mosque was widely circulated.
- Ex- The Maha Kumbh mela saw a surge in Ai-generated images of celebrities allegedly taking a holy dip in the ganga, viral images of public figures falsely claimed to show them visiting the kumbh.
- Ex- Deepfake technology demonstrated its power during Rahul Gandhi’s trans-India march when there were fake news reports claiming that the National Flag of arch-rival Pakistan was raised during his march.
- Ex- Visuals falsely showing Andhra Pradesh Deputy CM Pawan Kalyan at an iftar party
CASE STUDIES OF AI MISUSE IN RECENT CHOICES
In order to effectively address the issue of AI misuse in India, it is important to analyse and understand the global implications of AI in instances such as the Cambridge Analytica scandal. This notorious event underscored the significant influence that AI can wield over political processes and public opinion. By studying the impact of Ai-driven micro targeting on voters during the Brexit campaign, specially regarding the unauthorized use of personal data, it is evident that unregulated AI technologies possess the capability to manipulate and exploit individuals
Cambridge Analytica Reproach
- Cambridge Analytica was a British political consulting establishment that combined data mining, data brokerage, and data analysis with strategic communication during electoral processes.
- Cambridge Analytica reproach began to unfold, when whistleblowers and intelligencers revealed that the company had gathered the particular data of millions of Facebook druggies without their concurrence. The data was used to produce psychographic biographies of choosers, which were also used to target political advertising.
- The reproach had significant ethical and legal consequences. Cambridge
- Analytica’s conduct were a clear violation of stoner sequestration and trust. The
- reproach led to the examinations and suits in multiple countries.
- Source: Cadwalladr, C. (2018, March 17). The Cambridge Analytica files: The story of the biggest data scandal of our age. The Guardian. Retrieved from https://www.theguardian.com/
- Source: Hill, K. (2018, March 19). How Cambridge Analytica Exploited Facebook to Harvest Data on Millions of People. The New York Times. Retrieved from https://www.nytimes.com/
Brexit, 2016 U.S. Election
- During the 2016 Brexit vote, AI- powered targeted advertising played a pivotal part in the crusade. Both the sides used data analytics and microtargeting to shoot substantiated
- dispatches to choosers, misusing social media platforms to shape public opinion.
- Then are some of the false claims that were made both during and after the Brexit vote
- ‘Two thirds of British jobs in manufacturing are dependent on demand from Europe’
- Turkey is going to join the EU and millions of people will flock to the UK’
- A free- trade deal with the EU will be’ the easiest thing in mortal history’
- Source: Tufekci, Z. (2018, March 19). Cambridge Analytica’s Impact on Brexit and the 2016 US Election: A Data-Driven Approach to Politics. The New York Times. Retrieved from https://www.nytimes.com/
The lessons learned from these global instances serve as a stark reminder of the power and pitfalls of AI when left unchecked. It is essential for policymakers, regulators, and AI developers in India to prioritize the establishment of robust frameworks and guidelines to mitigate the risks associated with AI misuse. By drawing from these experiences, India can proactively safeguard against potential abuses of AI technology and ensure its responsible and ethical deployment in society.
EXISTING LEGAL FRAMEWORKS TO COMBAT AI – GENERATED MISINFORMATION
As the AI generated media manipulation becomes a global issue. Numerous countries and organisations are creating frameworks to address the threat. As there’s a need to develop robust legal framework to combat AI- generated misinformation, cover individual rights, and guard the popular process, all while balancing the implicit benefits of AI advancements with the preservation of fundamental freedoms in an increasingly digital world. Although the Constitution of India doesn’t explicitly address the issue of fake news, various aspects of constitution law are involved in addressing the impact it has on the democratic process and its dissemination.
Below are crucial legal frameworks and regulations relevant to these issues:
- The Information Technology Rules, 2021
The Information Technology (Central Guidelines and Digital Media Ethics Code) Rules, 2021 are a set of regulations introduced by the Indian government to regulate digital platforms, especially social media, OTT platforms, and news websites, to insure further responsibility, translucency, and safety in the digital space.
Privacy vs. Surveillance: The rule requiring platforms to trace the originator of specific dispatches (like a tweet or a post) has raised concerns about Privacy and surveillance.
Platform Liability: The rules hold social media platforms responsible for content posted by the users, which some argue might affect in excessive content moderation or self – censorship by these companies.
- The Representation of People Act, 1951
The Representation of People Act, 1951 is an important Indian legislation that governs the conduct of elections for the Houses of Parliament and State Legislatures. It was enacted to ensure that elections are conducted freely, fairly, and without bias. The Act was created in accordance with Part XV, Articles 324-329 of the Indian Constitution, which gives Parliament the authority to regulate the electoral process through laws.
- The Cable Television Networks Regulation Act, 1995 and the Cable Television Network rules 1994.
The Cable Television Networks (Regulation) Act, 1995 and the Cable Television Network Rules, 1994 were enacted to regulate the uncontrolled growth of cable TV networks in India. These laws aimed to address challenges related to content regulation, service quality, and compliance in the expanding satellite TV and cable television industry in the early 1990s.
- The Indian Penal Code (IPC)
The IPC includes provisions that criminalize various forms of defamation, misrepresentation, and the spreading of false information.
Sections of the IPC, similar as Section 66D (punishment for cheating by personation using computer resources) and Section 500 (defamation), can be invoked in cases of AI- generated misinformation like deepfakes, provided that the content in question causes harm or defamation to an individual or institution.
- The Election Commission of India Guidelines
The Election Commission has issued guidelines on the use of social media platforms and digital advertising during elections, aiming to ensure fair play and transparency in the electoral process. These guidelines mainly concentrate on regulating political content on social media to help fake news and false narratives from spreading during elections. The ECI has also suggested the use of artificial intelligence and other technologies to cover and identify online misinformation in real- time.
GLOBAL REGULATORY INITIATIVES
- United Nations
Its initiatives aim to foster international cooperation on AI-related risks, including media manipulation.
The UNESCO Recommendation on the Ethics of Artificial Intelligence
provides guidance on the ethical use of AI, advocating for transparency, accountability, and fairness. The UN Human Rights Council has begun discussions on how AI technologies impact freedom of expression, privacy, and the protection of individuals from harm.
- The United States
United States is also addressing the concerns related to AI- generated media misinformation through legislation such as the DEEPFAKES Accountability Act. This bill aims to criminalize the malicious use of deepfakes, particularly those used for fraud, defamation, and other harmful activities. The act seeks to impose penalties on individuals who create or distribute malicious deepfakes without consent, with particular focus on media that is used to deceive viewers, such as altered videos intended to impersonate public figures or spread misinformation.
- The European Union
The European Union is regulating artificial intelligence through the AI Act, which aims to establish guidelines for AI systems to ensure transparency, accountability, and traceability. The Digital Services Act (DSA) and Digital Markets Act (DMA) also address online content moderation and the responsibilities of digital platforms in combating the spread of AI-manipulated content.
- China’s strict AI regulation
China has put in place stringent regulations surrounding artificial intelligence (AI), focusing on security, ethics, and governance. Some of the key components include:
Data Protection: The Personal Information Protection Law (PIPL) governs how personal data is collected and used, resembling the European Union’s GDPR.
AI Ethics: Guidelines have been established to ensure AI systems are transparent, fair, and accountable.
The China’s Ministry of Science and Technology has set guidelines, including the importance of ensuring that AI is used for the public good and does not threaten national security.
National Security: AI technologies, especially in defense, are tightly controlled to address potential security threats.
Content Regulation: China enforces regulations on AI-generated media like deepfakes, requiring clear labelling to prevent misinformation.
By adopting regulations similar to China’s AI framework, India will be able to manage the rapid growth of AI technology while safeguarding its ethical, social, and security interests. Such regulations will provide a structured approach to mitigating risks associated with AI. Moreover, a well-regulated AI landscape will ensure that AI applications are developed and deployed transparently, reducing biases and promoting fairness in sectors like healthcare, education, and employment.
IMPORTANT CASE LAWS
- State Of Uttar Pradesh V. Raj Narain,1975
Article 19 (1) (a) Article 19 (1) (a) of the Constitution guarantees the freedom of speech and expression to all citizens, along with protecting their rights to access information on public matters. Although the spread of misinformation is not explicitly forbidden by the constitution, its potential impact on the public justifies imposing restrictions. In a democratic society, it is crucial to uphold and safeguard freedom of speech and expression. However, limitations must be placed on this freedom to maintain social order, as no freedom can be entirely unrestricted or absolute.
- Babu Lal Parate Vs State of Maharashtra and Others,1961
The Supreme court, while adjudging the constitutionality of Section 144 of CrPC, concluded that freedom of speech can be limited for the “maintenance of public order and tranquillity”.
- PUCL Vs Union of India and Another, 2003
PIL under Article 32 of the constitution of India was filed by PUCL highlighting the incidents of telephone tapping. Alleging that it violated citizen’s right to privacy under Article 21 (Right to Life and Personal Liberty). Supreme court of India gave a significant judgment related to the Right to Privacy and telecommunications surveillance. The Supreme Court has emphasized the significance of information in the voting process, while also cautioning against the dangers of misinformation in elections, resulting in an uninformed electorate and potentially leading to mob rule.
- Rajagopal Vs. State Of T.N,1964
In R. Rajagopal Vs. State Of T.N in 1964, the court recognized that the right to privacy has gained constitutional status in contemporary times. The judges referenced cases such as Kharak Singh case (1964) 1 SCR 332, AIR 1963 SC 1295, and Gobind case (1975) 2 SCC 148, and after considering numerous American and English cases, they concluded that the right to privacy is inherently included in the right to life and liberty guaranteed to citizens by Article 21. It was established that citizens have the right to protect the privacy of themselves, their families, marriages, procreation, motherhood, education, and other related matters.
PROPOSED SOLUTIONS AND FUTURE LEGAL FRAMEWORKS
- In 2020, During the time of covid, as India confronted the challenge of the pandemic, it also sought to curb the spread of rumours. An AI-driven agent, called MyGov Saathi, was installed to better prepare the citizens for the crisis and empower them to reduce their risk of being infected.
- AIRAW- AI Research, Analytics, and Knowledge Assimilation Platform, this platform was created to support AI research and innovation in India, with a focus on developing ethical AI solutions. The platform facilitates the creation of AI models that are transparent, explainable, and ethical.
- National AI Portal of India aims to build awareness and foster discussions on AI development and its societal impact. The portal also facilitates public discourse, helping mitigate concerns about AI misuse in areas like privacy, surveillance, and data security.
- The Ministry of Electronics and Information Technology in India is putting together a significant report on the impact of artificial intelligence. It will be submitted to the Parliamentary Committee. The report will cover possible regulations on AI, such as marking AI-generated content on social media and efforts to address deepfake technology. These proposals are influenced by laws in other parts of the world, particularly the European Union.
- Union Minister of Electronics and information technology Ashwini Vaishnaw emphasizes consensus on social media accountability, & AI governance and informed about eight projects initiated aimed at creating tools and technologies within the country.
- The Digital Personal Data Protection Act, 2023, enacted on August 11, 2023. This legislation imposes obligations on Data Fiduciaries to protect digital personal data, with a focus on accountability and ensuring the rights and responsibilities of Data Principals.
- In Rajya Sabha there was introduction of the Artificial intelligence (Protection of Rights of Employees Bill,2023) which seeks to safeguard employees rights regarding the implementation and use of AI in workplace.
CONCLUSION
AI-generated misinformation poses a significant threat to democracy, privacy, and the integrity of public discourse. Although current legal frameworks and precedents are beginning to address these challenges, the rapid progress of AI technology necessitates continual adaptation and proactive measures. The global reaction to these issues underscores the importance of a unified, coordinated approach to regulation and policy formulation. To uphold the values of open societies, it is imperative to safeguard democratic processes, ensure privacy rights, and uphold ethical standards in AI utilization. The ethical responsibility of AI developers and platforms is crucial, there is a need of transparency, fairness, and accountability. By addressing these concerns comprehensively, societies can reduce the risks linked to AI-generated media while still fostering innovation and creativity. Only through persistent observation and cooperation can we effectively alleviate the dangers posed by AI-driven misinformation and safeguard the future of democratic institutions and privacy.
REFERENCES
Government taking measures to ensure safe and trusted Artificial Intelligence
Government issues ‘warning’ on AI-generated content: All the details – The Times of India
How AI is used to fight misinformation