Delhi HC raises alarm over AI risks, seeks Centre’s response on DeepSeek ban plea

The bench’s concerns surfaced after the Union government’s counsel stated that the issue requires deliberation.
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NEW DELHI: The Delhi High Court on Wednesday expressed alarm over the dangers of artificial intelligence (AI), emphasising that such technologies pose a serious risk regardless of who controls it, whether China or the United States.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela made these remarks while directing the Centre’s counsel to seek instructions regarding a plea demanding prohibition of access to the Chinese AI platform DeepSeek.

The bench’s concerns surfaced after the Union government’s counsel stated that the issue requires deliberation.

Justice Gedela underscored the gravity of AI threats, noting that its potential dangers remain unchanged, irrespective of the country wielding them. “The government is well aware of these concerns,” he remarked, urging clarity on the Centre’s stance.

The PIL raised concerns over DeepSeek’s privacy and security risks since its introduction. The petitioner sought not only a ban on the platform but also the formulation of stringent guidelines to prevent access to such AI tools. The plea also called for widespread public awareness regarding digital privacy threats.

The court, at the outset, inquired about the legal framework available to restrict access to such websites. The government’s counsel responded that the matter is under active consideration.

However, when pressed for specifics on whether the issue was already being examined or merely set for future review, the counsel failed to provide a definitive answer. In light of this, the high court deferred the hearing, giving the government time to furnish a comprehensive response.

During the proceedings, the petitioner’s counsel argued that the issue directly infringes on citizens’ right to privacy.

Justice Gedela, however, pointed out the broader cybersecurity concerns, noting that much of the digital world operates within the dark web.

“Are you aware that 97% of the digital iceberg remains hidden? In this age of technological advancement, no data is truly secure,” Justice Gadela cautioned, urging the petitioner for patience while the government addresses the matter. The next hearing has been scheduled for February 20.

As per the petitioner, the plea seeks to protect the personal data of citizens as well as the data in government systems and devices from cyber attacks and data breaches, and uphold the confidentiality of government data and documents.

The respondents in the case include the Ministry of Electronics and Information Technology, the Indian Computer Emergency Response Team, the Indian Cybercrime Coordination Centre, Google LLC, Apple India Private Limited, and DeepSeek’s developers.

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