Charting the complex path to AI regulation and access: harmonising national interest and multilaterism

India has been playing an active role in being the voice of the Global South, actively engaging in initiatives like tackling debt challenges and broadening representation to encompass African nations

Updated: April 19, 2024 15:03 IST

Statista's projection of the AI healthcare market surging from $11 billion in 2021 to $187 billion by 2030 (Freepik)

By Vinti Agarwal

Artificial Intelligence (AI) is undeniably among the most groundbreaking technologies of the 21st century, offering unparalleled advancements across diverse sectors. As its influence continues to expand, governments worldwide are increasingly acknowledging the necessity to tackle ethical challenges, reduce potential risks, and prevent misuse. This highlights the urgent requirement for regulatory actions to guarantee the responsible development and deployment of AI.

This article highlights the need for international cooperation and a multilateral approach for establishing a framework to promote open, safe, trusted and accountable digital economy across various regions.

Path towards regulating AI is far from straightforward

As countries worldwide endeavor to develop regulations for AI, there’s a growing recognition of the necessity for a multilateral approach. The European Union has recently achieved consensus among all 27 member countries on the AI Act after nearly three years of resistance from certain members like France. Despite being hailed as a landmark legislation, uncertainties linger regarding its enforcement and implementation.

In a parallel development, India, initially inclined towards nurturing a robust AI sector without legislative interference, has recently shifted its approach. This shift was prompted by a troubling incident involving Google’s Gemini AI chatbot disseminating inaccurate and misleading information about the Prime Minister. In response, the Ministry of Electronics and Information Technology (MeitY) issued an AI advisory regarding the deployment of AI systems by online intermediaries. Initially, the advisory introduced a new approval mechanism, requiring platforms to seek explicit government permission before releasing AI models still in development to the public. However, they later revised the advisory, eliminating the need for explicit approval.

Meanwhile, shortly after President Joe Biden’s executive order prohibiting American investments in sensitive technologies in China, including AI systems, the United States has signaled a willingness to collaborate with Beijing on the secure deployment of AI systems.

Amidst these developments, there is a strong demand to include the needs of the Global South in shaping the future of AI, emphasising the need for representation and inclusivity in international discussions and decision-making processes concerning AI regulation and deployment. India has been playing an active role in being the voice of the Global South, actively engaging in initiatives like tackling debt challenges and broadening representation to encompass African nations.

The intricate regulatory landscape surrounding AI, coupled with the involvement of various stakeholders and geopolitical considerations, underscores the need for multiple global institutions to address its complexities and ensure equitable access to AI technologies.

Harmonising National Interest and Multilateralism

Recognising this imperative, international organisations such as OECD and UN have also taken significant steps to formulate guidelines and frameworks to govern AI technologies. Furthermore, several international declarations such as the Bletchley Declaration and New Delhi Declaration have played a pivotal role in shaping the global agenda on AI governance.

While commendable progress has been made with organisations and countries coming together to address the issue, there is a growing demand to bridge the gap between existing high-level multilateral principles and practical implementation through unified standards and alignment of disparate national regulations. This entails developing concrete measures to ensure that the principles outlined in international agreements are effectively translated into actionable policies and practices at the national and organisational levels, thereby fostering greater coherence and consistency in AI governance worldwide.

Valuable lessons can be derived from the World Trade Organisation’s (WTO) implementation of various multilateral agreements, which have effectively addressed complex global issues and promoted equitable economic development. Through facilitating negotiations among member states and setting common rules and standards, the WTO has significantly contributed to fostering a trading system that is more open, transparent, and predictable.

At the international level, a similar approach can be considered. First, multistakeholder forums should consider implementing Multilateral Instrument (MLI) that all countries can adopt. WTO may consider developing rules to ensure free and accessible data flows and technology. However, the only limitation is that each contracting state may not fully encompass the economic and political dynamics unique to every state. As an alternative, a model law approach can be adopted to assist countries in enacting their national legislation.

Second, an AI innovation index similar to the Ease of Doing Business Index can be introduced that can rank countries by the simplicity of rules and innovation-friendly regulatory framework, thereby encouraging countries to enhance their AI governance frameworks.

At the domestic level, while India has been taking significant steps towards the development of AI, such as constituting committees, establishing Centers of Excellence, and allocating a budget for IndiaAI mission, effective policies require careful consideration. To this end, India may consider the following steps.