Delhi HC flags AI threats, seeks Centre’s response on DeepSeek

The Delhi High Court has raised concerns about the risks associated with artificial intelligence (AI), stating that such technologies pose a serious threat regardless of whether they are controlled by China or the United States.  

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela made these observations while instructing the Centre’s counsel to seek instructions on a plea seeking a ban on access to the Chinese AI platform DeepSeek.

The bench’s concerns arose after the Union government’s counsel stated that the issue requires deliberation.  

Justice Tushar Rao Gedela highlighted the seriousness of AI threats, emphasising that their potential dangers remain unchanged, regardless of the country controlling them. “The government is well aware of these concerns,” he remarked, urging clarity on the Centre’s stance.  

The PIL raised concerns over DeepSeek’s privacy and security risks since its introduction. The petitioner sought not only a ban on the platform but also the formulation of strict guidelines to restrict access to such AI tools. Additionally, the plea called for widespread public awareness about digital privacy threats.

At the outset, the court sought clarity on the legal framework available to restrict access to such websites. The government’s counsel replied that the matter is under active consideration. 

During the proceedings, the petitioner’s counsel argued that the issue directly impacts citizens’ right to privacy.  

Justice Tushar Rao Gedela, however, highlighted broader cybersecurity concerns, emphasising that much of the digital world operates within the dark web.  

“Are you aware that 97% of the digital iceberg remains hidden? In this age of technological advancement, no data is truly secure,” Justice Gedela cautioned, urging the petitioner to remain patient while the government addresses the matter. The next hearing is scheduled for February 20.  

According to the petitioner, the plea aims to safeguard both citizens’ personal data and government systems from cyberattacks and data breaches while ensuring the confidentiality of official documents.  

The respondents in the case include the Ministry of Electronics and Information Technology, the Indian Computer Emergency Response Team, the Indian Cybercrime Coordination Centre, Google LLC, Apple India Private Limited, and DeepSeek’s developers.