Consumer Rights, AI, and Sustainability

• The discussion centers on consumer rights, artificial intelligence (AI), and sustainable lifestyles.
• The conversation took place on Sansad TV.
• The speakers are discussing the importance of consumer rights in a robust democracy.
• The discussion focuses on how AI and sustainable lifestyles are impacting consumers
• The host is Amrita Chaurasia.
• The guests are Dr. Pawan Duggal and Advocate Dushyant Parashar.

World Consumer Rights Day

• World Consumer Rights Day is observed annually on March 15 to promote consumer protection, rights, and empowerment.
• The theme for 2024 was "Fair and Responsible AI for Consumers," exploring AI's impact on consumer rights.
• The theme for 2025 is “A Just Transition to Sustainable Lifestyles.”
• The 2025 theme stresses the need for affordable options that are also sustainable for consumers to have healthy lives.

AI Regulation in India

• AI has significantly influenced decision-making processes, from online shopping to digital data security.
• There is no specific law in India to regulate AI.
• India's Information Technology Act of 2000 could be used, but it is outdated.
• Cybercriminals are adopting AI tools to target consumers.
• Examples of these tools include FraudGPT and GhostGPT, which are used in scams and to deploy malicious software.
• A dedicated AI law is needed in India.
• PM Narendra Modi introduced the concept of "Sustainable AI" at the AI Action Summit in Paris.
• Current laws, like the Consumer Protection Act, cannot handle new problems related to AI.
• Dedicated legislation is needed to deal with the challenges that can arise from AI.

Sustainability and Consumer Protection

• Consumer Protection Act 2019 addresses consumer-related cases.
• The Central Consumer Protection Authority (CCPA) was established to protect consumers from fraudulent practices.
• CCPA ensures customers have recourse and protection if they have been approached fraudulently.
• Consumer Protection Act states sustainability means ensuring future generations can continue the same practices.
• The Act focuses on whether it serves and protects consumers.
• A recent ruling by the Supreme Court references an essay from 1986 on "green washing."
• Green washing is asserting that a product is sustainable without demonstrating proof.
• A draft bill addresses green washing by requiring environmental claims to have evidence.
• The draft bill requires transparency and proof of product claims.
• Consumers should not feel deceived by false marketing.
• Consumers also have recourse when the product they purchase harms them.
• A recent case of a foreign country having worms in a chocolate bar are referenced as examples of what consumers may face.
• Options for recourse include complaints to the CCPA, investigations, and penalties.
• The CCPA also has the authority to seize items.
• Additional Rec course options for consumers include product recall, refunds, and product returns.
• Search and seizure options are also available to ensure consumer protection.
• The current act focuses on sustainability and is intended to protect consumers from being cheated.
• Draft guidelines seek to incorporate environmental considerations by having companies demonstrate the environmental impact of products.
• The guidelines have very strict rules regarding claims.
• Justice should remain non-technical when delivering consumer litigation judgements.
• Consumers should be kept as the priority when delivering rulings and should be sustainable.
• Quote: Mahatma Gandhi said customers are the most important visitors, not outsiders, and give an opportunity.

Increase in Cyber Crime

• Cybercrime has grown significantly, especially after COVID-19.
• Digital arrest scams caused losses of over ₹2,000 crore in India in four months.
• Specific legal provisions exist under the Information Technology Act, Sections 65 to 78, covering cybercrimes but, they are from 2000.
• Bharatiya Nyaya Sanhita 2023 expands coverage of cybercrimes and recognizes cybercrime as organized crime.
• The government is making efforts to protect consumer rights
• Call 1930, the national cybercrime helpline, is available and will direct victims to next legal recourse.
• Additionally, you can report it on cybercrime.gov.in.
• Caution is advised against cybercrimes.

AI’s Misleading Information

• AI is misused to manipulate consumer mindsets with misleading information.
• Consumers are advised to use AI to verify product descriptions before purchases.
• Programs like perplexity AI can offer balanced reviews of products.
• A concern is the potential shift towards "artificial stupidity," where consumers overly rely on AI and neglect their cognitive abilities.
• It is important to balance technology with mental acumen, and sound judgement.

Legal Rights and Responsibilities

• Consumers have the legal right to choose sustainable and eco-friendly products.
• Consumers should be aware of their impact and quality.
• CCPA issued notices to celebrities for promoting harmful products like gutka.
• Consumers have the right to choose products they want and have recourse if they are cheated.
• Draft guidelines mandate declaring the environmental impact of products.
• Consumers should know key facts, that the money that is spent is worth it and the adds are not misleading.
• One needs to ensure sustainability and have a viable product

AI and Accountability

• Legal responsibility is still emerging; there is no set framework.
• It is difficult to determine accountability for AI-driven misinformation.
• A basic question is whether AI should be considered a legal entity with rights and responsibilities.
• Most nations are not moving toward granting AI legal status.
• Liability can be attributed to the company or coder behind the AI product.
• These entities must prove they took due diligence to prevent harm to consumers.
• Companies marketing AI products can also be held responsible.
• AI service providers can be considered intermediaries and must exercise due diligence under IT laws.
• There is a lack of legal principles for proportionally determining and implementing accountability.
• Legal guardrails are needed during the AI development process to maintain control and ensure AI serves as a "good servant" rather than a "bad master."
• Jurisprudence is evolving in defining AI's legal liabilities.

Conclusion

• Consumer awareness is crucial for protecting rights and building a better future.
• Consumers must exercise their rights and be cautious of potential deceptions.
• With AI gaining popularity, consumers must stay vigilant with knowledge of technology and laws.