Navigating The Legal Landscape Of Generative AI In India: Ethical Challenges, Regulatory Gaps And The Quest For Accountability
Sreejoni Baruah, Advocate, Gauhati High Court, Guwahati, Assam.
ABSTRACT
Generative Artificial Intelligence (AI) has emerged as a revolutionary technology with significant implications for innovation, economic development and digital governance in India. But as its use expands, complex ethical and legal issues emerge around data privacy, intellectual property rights, algorithmic bias, transparency, accountability and misuse of content produced by AI. The paper looks at the ethical and regulatory concerns raised by generative AI in India, and the extent to which the existing
legal framework is adequate to address emerging technology risks. It explores the relevance of the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 and the Copyright Act, 1957 read with applicable intermediary regulations and judicial developments. The paper also discusses issues of AI-generated authorship, copyright infringement, personality rights, deepfakes, misinformation, and the discriminatory consequences of algorithmic decision-making. The study reviews existing legal structures and international regulatory practices and identifies key barriers to establishing effective accountability mechanisms and ensuring adequate protection for individuals affected by AI abuse. It calls for a holistic, rights-based and contextual regulatory framework for India that balances technological innovation with privacy, fairness, transparency and public interest. To ensure the responsible development and deployment of generative AI in India, it is important to strengthen oversight by humans, institutional enforcement, and foster collaboration between policymakers, technology developers and civil society.
Keywords: Generative Artificial Intelligence; Artificial Intelligence Regulation; Data Privacy; Intellectual Property Rights; Deepfakes and Accountability.
