Introduction
- Background: The Association of Southeast Asian Nations (ASEAN) recently unveiled its AI governance and ethics guidelines during the 4th ASEAN Digital Ministers’ Meeting in Singapore.
- Objective: These guidelines outline a voluntary and business-friendly vision for managing AI technologies while fostering economic growth.
About Association of Southeast Asian Nations (ASEAN)
| Established |
August 8, 1967 |
| Members |
Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam |
| Objective |
To promote political and economic cooperation and regional stability among member countries. |
| Key Areas of Cooperation |
- Economic Integration
- Political and Security Cooperation
- Social and Cultural Cooperation
|
| Significance |
Promotes economic growth, stability, and peace in the Southeast Asian region. It is also a forum for diplomatic dialogue and conflict resolution. |
| ASEAN Secretariat |
Jakarta, Indonesia (The ASEAN Secretariat is the organization responsible for coordinating ASEAN activities.) |
ASEAN’s AI Regulations
- Flexibility and Specificity: ASEAN’s regulations are less prescriptive compared to the EU’s, reflecting the region’s diverse digital ecosystem and infrastructure.
- Soft Law Approach: Instead of enacting hard law, ASEAN favors voluntary guidelines and codes of conduct to regulate AI.
Comparison with EU’s AI Regulation
- Diverging Approaches: ASEAN’s approach to AI regulation contrasts with the European Union’s (EU) more stringent framework, known as the AI Act, which imposes stricter rules on AI usage.
- EU Lobbying Efforts: EU officials have attempted to persuade Asian nations to align with their regulations, but ASEAN’s guidelines signal a departure from the EU’s stance.
About EU Framework for AI Regulation
European Union has prepared to implement the world’s first comprehensive legislation aimed at regulating AI, with a parliamentary vote expected in early 2024 and potential enforcement by 2025.
Components of the EU Framework:
|
Description |
| Safeguards in Legislation |
- Individuals can file complaints against AI violations.
- Clear boundaries on AI use by law enforcement.
- Strong restrictions on facial recognition and AI manipulation of human behaviour.
- Tough penalties for companies found breaking the rules.
- Real-time biometric surveillance in public areas is permitted only for serious threats.
|
|
| Categorization of AI Applications |
AI applications are classified into four risk categories based on their level of risk and invasiveness.
- Banned Applications: Mass-scale facial recognition and behavioural control AI applications are largely banned.
- High-Risk Applications: Allowed with certification and transparency requirements.
- Medium-Risk Applications: Deployable without restrictions, with disclosure to users about AI interaction.
- No Risk
|
| Other Regulatory Achievements |
General Data Protection Regulation (GDPR): Enforced since May 2018, focusing on privacy and data processing consent. |
Challenges in ASEAN’s Regulatory Landscape
- Diverse Political Systems: ASEAN comprises nations with varied political systems, making consensus-building on issues like censorship challenging.
- Varying Tech Sector Maturity: Disparities exist within ASEAN, with some members boasting advanced tech sectors while others are still developing their digital infrastructure.
ASEAN’s Voluntary Approach
- Avoiding Over-Regulation: ASEAN nations are cautious about over-regulating AI to avoid stifling innovation and driving investment away.
- Emphasis on Talent Development: The guidelines prioritize nurturing AI talent, upskilling workforces, and investing in research and development.
Future Prospects for ASEAN’s AI Regulation
- Potential for Stricter Regulations: While ASEAN’s current approach is incremental, some member states, like Indonesia and the Philippines, have expressed interest in enacting comprehensive AI legislation.
- EU’s Influence: The implementation of the EU’s AI Act will influence ASEAN’s policymakers, shaping their decisions on future AI regulation.
How India is planning to regulate AI?
| Major Advocacies |
- #AIFORALL: Aimed at inclusivity, started in 2018.
- NITI Aayog’s National Strategy for AI (2018): Includes a chapter on responsible AI.
- Principles of Responsible AI: Outlined in a 2021 paper by NITI Aayog.
- IndiaAI Program: Launched in 2023 by the Ministry of Electronics and Information Technology.
- TRAI Recommendations: Proposed a risk-based framework for regulation.
|
| Major Sector Initiatives |
- Healthcare: Ethical guidelines for AI issued by the Indian Council of Medical Research in June 2023.
- Capital Market: SEBI circular in January 2019 guiding AI policies in the capital market.
- Education: National Education Policy 2020 suggests integrating AI awareness into school courses.
|
| Multilateral |
- India joined the Global Partnership on Artificial Intelligence (GPAI) as a founding member in 2020.
- Became the Chair of the GPAI in November 2022 after France.
- Hosted the GPAI Summit in December 2023.
|
Conclusion
- Policy Considerations: ASEAN’s approach to AI governance balances the need for regulation with the promotion of innovation and economic growth.
- Monitoring EU Developments: ASEAN will closely monitor the implementation and impact of the EU’s AI Act to inform its own regulatory decisions.
- Evolution of AI Regulation: The trajectory of AI regulation in ASEAN will depend on factors such as technological advancements, regional cooperation, and global regulatory trends.
