Topic 1 : AI in elections, the good, the bad and the ugly
Context
The widespread application of Artificial Intelligence is likely to cause a paradigm shift in almost every aspect of an election.
AI in elections
- The current ruling government has used Artificial Intelligence (AI) to translate his speeches into eight different languages ahead of the Lok Sabha elections, which may potentially be considered India’s “first AI election”.
- In practically every election over the past three decades, India’s electoral strategy has changed due to the process of an integration with and a capitalisation on emerging technologies.
- For instance, the significance of social media platforms as essential political campaign instruments will be particularly remembered in relation to the 2014 Indian elections.
- As WhatsApp is an effective political platform because it allows for targeted delivery of information to voters and also because it allows an excellent tool to organize and mobilize party workers.
Global elections, AI, the dangers
- AI models, particularly Generative AI and AGI can be used to spread disinformation, create deep fake elections, and inundate voters with highly personalised propaganda, leading to confusion and manipulation of democratic processes.
- Using AI, Deepfake Videos of opponents can be created to tarnish their image and can deceive voters and influence their decisions.
- This phenomenon poses a serious threat to the integrity of elections and undermines public trust in the electoral process.
- AI tools can be trained to translate in regional languages which can be used by the candidates for Microtargetting in their campaign.
- Microtargeting is a marketing strategy that uses recent technological developments and reaching out to specific segments of a larger audience based on detailed demographic, psychographic, behavioral, or other data.
- The World Economic Forum’s (WEF’s) Global Risks Perception Survey, ranks misinformation and disinformation among the top 10 risks, with easy-to-use interfaces of large-scale AI models enabling a boom in false information and “synthetic” content – from sophisticated voice cloning to fake websites.
- AI models, including AGI, are not infallible and can produce inaccuracies and inconsistencies.
- Inconsistencies and undependability stalk many AI models and pose inherent dangers to society.
- The use of AI in elections raises ethical questions about privacy, transparency, and fairness.
- Regulating the use of AI in electoral campaigns presents significant challenges due to the rapid pace of technological advancements and the global nature of online platforms.
- Governments and election authorities struggle to keep pace with evolving AI techniques and may lack the necessary expertise to effectively regulate AI-driven electoral activities.
The political landscape is changing
- However, AI can play a far wider role in elections than just disseminating disinformation.
- With real-time analytics on campaign performances, AI is raising the bar for political campaigns with its data-driven and effective micro-targeting strategy. The political landscape is changing quickly due to GenAI technology, which presents both the potential and challenges for the 2024 elections.
- The United States government has outlawed robocalls using AI-generated voices in its response to the Biden robocall incident.
- There is general concern that, similar to Slovakia, election-related generated contents may shape last-minute attempts to deter voters from exercising their right to vote or create an event with a manufactured portrayal of a candidate that is challenging to swiftly debunk.
Conclusion
AI will be far more efficient five years later, in 2029, but as one might perceive, the world will also be more resilient, accustomed, and prepared for AI’s deceptive effects. It is a realm of unknowable unknowns right now. And, a lot of uncertainties remain.
Topic 2 : The PMLA — a law that has lost its way
Context
The most serious aspect of the Prevention of Money Laundering Act (PMLA) is the inclusion of offences which have nothing to do with the original motive — namely, to combat the laundering of drug money.
PMLA
- The Prevention of Money Laundering Act (PMLA), 2002 was enacted with a distinct objective.
- The humongous volume of black money generated through international drug trafficking posed a grave threat to the economy of many countries.
- There was widespread realisation that the black money generated through the flourishing drug trade and integrated into the legitimate economy was likely to destabilise the world economy and endanger the integrity and sovereignty of nations.
The background to the law is important
- The United Nations took serious note of this, and in 1988, held the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- All countries were urged to take urgent steps to prevent the laundering of the proceeds of drug crimes and other connected activities.
- Subsequent to this, seven major industrial nations held a summit in Paris and established the Financial Action Task Force (FATF) to examine the problem of money laundering and recommend measures to tackle this menace.
- Thereafter, in 1990, the United Nations General Assembly adopted a resolution, namely, the Political Declaration and Global Programme of Action which called upon all member-countries to enact suitable pieces of legislation to effectively prevent the laundering of drug money.
- In pursuance of this resolution of the UN General Assembly, the Government of India used the recommendations of the FATF to formulate a legislation to prevent drug money laundering.
The PMLA’s enactment and issues
- Further, the PMLA was enacted by India’s Parliament under Article 253 which empowers it to make laws for implementing the international conventions.
- This Article indicates that a law Parliament makes to implement any decision of an international body will be confined to the subject matter of that decision.
- Item 13 in the Union list of the Seventh Schedule of the Constitution is specific on this point.
- A close look at the schedule will convince a man of ordinary prudence that this law has deviated from its original scheme.
- The provisions contained in it are draconian which were meant to deal with the dangerous men involved in drug trafficking and the money chain.
- These provisions are now being used in other scheduled offences too without mitigating their rigour.
- Offences which by their very nature do not generate crime proceeds of a scale which can destabilise the economy and endanger the sovereignty of the nation are being tried under this law.
- One such example is the Prevention of Corruption Act, 1988 which is aimed at curbing corruption among public servants. This Act was added to the schedule of offences in 2009.
- The PMLA now applies with all its rigour to public servants. Thus, a public servant charged with corruption and a hard-core drug trafficker are treated alike.
- A very disturbing thing about the PMLA is that an accused under this law is presumed to be guilty until proved innocent.
Conclusion
- Personal liberty, deprived when bail is refused, is too precious a value of our constitutional system recognised under Article 21 that the curial power to negate it is a great trust exercisable, not casually but judicially, with lively concern for the cost to the individual and the community.
- Therefore the government and judiciary together should take steps to address this issue.
