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Terming the Road Transport and Safety Bill as key to making Indian roads safer, Gadkari said an estimated 1.5 lakh people die every year in the country in road accidents and the proposed law will overhaul the entire system including about issuance of driving licences.
Guardian or owner of the vehicle would be liable for offence committed by the juvenile and would face punishment
for abetment to the offence. It would be presumed that such use of vehicle was with the consent of the owner or the
guardian, as per the GoM recommendations.
The GoM, tasked to frame the Bill to make significant modifications to the Central Motor Vehicles Act, 1988, has come out with several other suggestions for stricter punishment for the rule breakers. The GoM includes seven Transport Ministers from various states, including Karnataka, Rajasthan, Goa and Haryana.
The ostensibly non-binding advisory aimed to reiterate the obligations of intermediaries and platforms under the IT Rules, 2021. However, both the advisory and the clarifications posted by the Minister of State for Electronics and Information Technology raise more questions than the answers they seek to provide.
Secondly, platforms and intermediaries are required to inform users that their use of the data may lead to loss of access, deletion of their accounts, or other criminal actions, as per the law. Platforms also need to ensure that information that may be used as fake news or for disinformation is properly labelled as misinformation and with identifiable metadata.
Secondly, the advisory sorely lacks definitional clarity. What makes for a well-tested and reliable AI model is still an open question. Some experts argue that the false or hallucinatory outputs of generative AI models like LLMs are a part of their architecture and cannot be eliminated, while others argue that appropriate testing and guardrails can solve the problem.
An unintended but certainly predictable consequence of this advisory is its likely impact on the use of open-source AI models. Since open-source models, by definition, do not have a single source of ownership, who is responsible for their outputs?
A lack of clarity here means that a startup looking to use AI today will likely go with the proprietary models of large players like Google and OpenAI simply for the cover it provides them from potential government action. This advisory, as it stands today, will dampen innovation in the open-source AI space in India, driving our startup ecosystem further into the hands of large firms.
While regulating AI may be necessary to contain potential risks and maintain competitive markets, India will be better served by a thought-out and clear rules-based approach to the various aspects of the AI ecosystem. One of these aspects is whether we should regulate AI models themselves as opposed to the use cases.
Rather than reactive and vaguely worded advisories, MeitY should work with academia, industry (large firms and startups) and the open-source community to identify how we might create appropriate standards, benchmarks and frameworks to mitigate the risks from AI models.
Earlier last week, MeitY announced that any Generative AI model, tool, or AI program under development that still needs to be thoroughly tested must undergo a permit process and receive government approval before making the technology available online. This makes the prospect of starting up a new firm that wants to generate AI tools or develop new technologies for the public subject to state approval. Leave it to X (Formerly Twitter) to tear it apart almost as soon as it was out, calling it the death knell of India's innovation future and the beginning of the AI Licence Raj.
The Union Minister later clarified that this was not aimed at start-ups and only sent to a few social media intermediaries, hoping this would soothe the distress. But is there a burning need to clamp down on AI tools now? As with most things in life, the answer to this question is timing.
First, the issue or problem must be well understood by the government, experts, and the broader community. Second, the solution needs to be available and feasible. Above all, political will must be the priority and should be forthcoming when the time is right.
When the three come together, the effectiveness of a policy intervention is at its highest. This is usually the case when a regulation is most likely to be accepted by a larger group and more stakeholders. This means that the cascading/bandwagon effect usually follows, and implementation becomes easier because more people are on your side.
So, what's missing in the advisory released? The announcement comes out at a time when the nascent Indian AI ecosystem has just begun to blossom. If every sixth AI researcher/developer is an Indian and the mid-market is 72% bullish on growth solely because of AI innovation, then it is clear that this is something that excites a new slew of entrepreneurs in tech and inspires confidence in its future. And while the advisory sets the tone for what the ministry hopes will be a full-fledged regulation, there is just not enough information on the technology to go around informing government officials just yet.
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