Time for a law to protect against the misuse of AI?
There is not a single unequivocal law or a provision in the entire Bangladeshi legal system that deals with artificial intelligence and its potential pitfalls
Recently, on social media, Cristiano Ronaldo appeared to be singing a Bangla or Hindi song in his own voice; amazing netizens. But it subsequently proved to be a fake created by AI technology.
A new text-to-video AI tool was unveiled last month by OpenAI, the developers of ChatGPT. The AI tool, Sora, can make high-quality videos that simulate cinematography by merely following text commands. Sora is so advanced that it is difficult to distinguish between real and fake content.
In January, US senators introduced a bill that would criminalise the spread of non consensual deep fake porn, created by using cutting-edge artificial intelligence, after the sexually explicit AI-generated photos of Taylor Swift that went viral on X.
AI is being used by bad actors to digitally remove clothing from images. The AI cloth remover can find and understand different clothes, like shirts, pants, and dresses, by using complex deep-learning models. This raises worries about potential misuse, particularly if the bad actors use such technologies to extort or harass public persons.
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These are but some examples of how artificial intelligence is being used to manipulate and distort our perception of reality. In the age of AI, the future holds immense promise and deep apprehension. AI possesses the capacity to change many facets of human existence due to its reasoning, learning, and adapting abilities. Yet, this profound ability to change poses intrinsic dangers, most notably concerning its ramifications for privacy rights.
When it comes to data consumption and monitoring, in particular, the widespread use of AI creates serious issues surrounding privacy. AI systems frequently utilise extensive personal information through online and offline activities, without individuals being aware or having control over it, making them susceptible to identity theft and cyberbullying.
From facial recognition technologies to predictive analytics, these systems can intrude upon individuals' privacy, posing a threat to their autonomy and personal freedom. In addition, the misuse of AI by bad actors may result in the development of highly realistic fake images and videos, which could potentially jeopardise privacy and perpetuate misinformation. AI-powered surveillance systems raise concerns about privacy and civil liberties by allowing extensive monitoring of individuals' actions without their permission.
International Legal Instruments and Policies
In April 2021, the European Union (EU) approved strict AI legislation to protect privacy rights, marking a major step in regulating the growing area of artificial intelligence, commonly known as "machine learning".
This legislation, presently in development, will have a major impact like the General Data Protection Regulation (GDPR), which reined in digital giants like Amazon, Google, Facebook, and Microsoft. The EU's tech supervision regulations, known for their assertiveness, frequently inspire other states. The EU has enacted the GDPR, the most comprehensive data privacy law in the world, and is considering antitrust and content moderation laws.
In Asia, Singapore is following the same path. Singaporean Deputy Prime Minister Lawrence Wong, during his recent budget speech on February 29, 2024, unveiled a bold initiative: a commitment to allocate over SGD1 billion (equivalent to $743 million) toward advancing artificial intelligence (AI) over the next five years. Additionally, individuals aged 40 and above will have access to complementary courses on AI, enabling them to adapt to emerging technologies and make meaningful contributions in their respective domains.
Legal Provisions of Bangladesh
According to Article 43 of the Constitution of Bangladesh, subject to reasonable restrictions for the security of the State, public order, public morality, or public health, every citizen has the right to the privacy of their home and correspondence and other means of communication.
In certain exceptional situations, the constitution of Bangladesh grants the government the authority to infringe on privacy rights. Section 46 of The Information and Communication Technology Act, 2006 allows the government to intercept, monitor, or decrypt any information, including personal data, on any computer resource.
In the field of data and security, the government holds the power to carry out checks in the interest of public or state security, a privilege not extended to any other individual or entity. Section 7 of the Right to Information Act 2009 says that people have the right to keep their data private and that no one else is allowed to share their data. Cyber Security Act, 2023, on the other hand, protects personal information and stipulates harsh punishments for those who break the law.
Still, there is not a single unequivocal law or a provision in the entire Bangladeshi legal system that only deals with artificial intelligence and its potential pitfalls.
As Bangladesh embraces the advantages presented by AI, it must also emphasise the protection of citizens' privacy rights. By enacting targeted legislation, investing and engaging in education, and establishing oversight mechanisms, Bangladesh can navigate the privacy paradox posed by AI and grantees that individuals' rights are safeguarded in the digital era.
Dewan Alif Ovi is a South Asia Foundation (SAF) scholar and LLM graduate from the University of Asia Pacific. Safayat Sikder Sakib is an LLM graduate from the University of Asia Pacific and a Centre for Genocide Studies (CGS) graduate from the University of Dhaka.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
