Intermediaries Should Face Accountability For AI-Generated Fake Content : Justice Rajesh Bindal

Justice Rajesh Bindal of the Supreme Court opined that tech intermediaries must be held accountable for the content they host, especially when it involves manipulated media and deep fake material. He said India is entering a “cat-and-mouse era” where technology is evolving faster than regulation, posing serious risks to privacy, data security, and the justice system.

Speaking at a National Seminar organized by All India Lawyer's Forum on the topic "Role of Artificial Intelligence In Legal System", Justice Bindal raised fundamental questions about who should bear responsibility when AI-generated videos and images spread unchecked: “Somebody has to be responsible that he created it… intermediaries should be made responsible that whatever is uploaded.” pointing that these platforms must not simply act as passive hosts rather also take responsibility of unchecked and unverified content circulating on their platforms.

He emphasized the need for a verification system: “Why can't there be a system … where the intermediary uploads the file only after verification, not that immediately somebody uploads that … check has to be there on that.”, adding that countries like China already impose stringent duties on intermediaries, and India must consider similar models.

Justice Bindal sounded the alarm on the dangerous consequences of unregulated AI content. “AI has developed some video, some photo deep fake … If after verification they find that yes this is fake, they should not upload it,” he said. He also cautioned against the broad availability of sensitive data: “A lot of information … is available for sale on the dark web,” and held that intermediaries must act to prevent such misuse.

He also touched upon the issue of the growing trend of “digital arrests”, fraudulent fund transfers, and the misuse of dormant bank accounts in India, which has created an urgent need for financial institutions and regulators to adopt stronger preventive systems. He welcomed the RBI's recent deployment of Mule Hunter AI, which automatically freezes suspicious bank accounts showing sudden bursts of high-value transactions.

Further, he emphasized the importance of AI in the Legal Domain, highlighting that AI tools helped in identifying why cases are delayed, and in casual manner he put a figure that AI tools helped to find out that about 35% of adjournments are because the lawyers absence. He added that AI could play a significant role in routine matters such as motor-accident compensation calculations and cheque-bounce cases under Section 138 NI Act, which alone constitute nearly 10% of India's total pendency.

In the end, Justice Bindal asked the people to embrace technology but not remain dependent on it, as reflected under Article 51A(j) of the Constitution, which urges citizens to develop a scientific temper, while retaining critical thinking.

Related- Government Proposes Amendments To IT Rules To Mandate Labelling Of AI-Generated Content