June 20, 2024
The Japanese model of AI regulation places the tech industry at the centre, with the government acting an enabler and Generative AI treated as a public good. The Eastern idea of collective privacy may serve India well.
In 1991, the Indian government articulated a ‘Look East’ policy with an aim to build extensive economic and strategic relations with its Eastern neighbours and SE Asia. This was different from the traditional ‘West facing’ outlook, where we looked to learn from Europe and North America. In the coming age of AI, India is now considering how it should both foster and regulate this powerful new technology which can reshape industry, society, and geopolitics. AI promises huge economic and social benefits, but there are concerns around copyright, human rights violations, privacy and fairness. For instance, the issue of deepfakes clouded the recent elections, with fears of subverting democracy. For regulating AI, should India look West towards the EU and its AI Act or at the US and UK which are considering more BigTech friendly regimes?
I believe that India should bring back its Look East philosophy and look and learn from another large democracy: Japan. Japan has been quietly building an AI regulatory regime which balances the need for integrating AI safely and responsibly in society along with building an environment for innovation and domestic development of AI. It sees AI as the lever with which it can leapfrog decades of stagnation in its innovation and tech ecosystem. Similarly, AI can also provide a strong impetus for India to craft a society and industry to help it reach a developed nation Viksit Bharat status by 2047.
Japan effectively leveraged the 2023 G7 Summit, where the Hiroshima AI process gave a clarion call for its members to explore various frameworks and possibilities to promote and regulate AI. It was no coincidence that the Summit was in Hiroshima, with its stark reminder on what could happen if a technology was used wrongly. Two principal approaches emerged: the ‘hard law-based’ approach with strict obligations as evidenced by the EU AI Act and Chinese regulation, and the ‘soft law-based’ one, which stresses on non-binding guidance and principles. Japan leans more towards the latter, and so should India.
So, what is Japan’s approach. Inge Odendaal of Stellenbosch University describes the principles very well in her paper (https://bit.ly/3Volng1):
AI is both transformational and inevitable. As it shapes industry, society, humanity and the global world order, the world’s most populous country cannot afford to be left behind. Other countries are racing to set up frameworks around innovation and regulation, and Indian regulators and policy makers need to step up the urgency here. As they do so, they would be well served to look at Japan, a country with similar cultural traits, combined with a hard-nosed approach which effectively balances innovation and regulation.
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