Fostering Constitutional Understanding in The Digital Age: Holding The Indian State Accountable for Regulating Public AI Misuse

Abstract

Artificial intelligence (AI) is now being used frequently by most people in their daily lives, particularly on social media. We need to understand the constitution well to keep the government honest and fair in dealing with new technological changes. The paper fosters constitutional understanding in a sovereign state, which means helping people value, understand, and follow the constitution even as technological changes occur. This paper also examines how people misuse AI on social media and how it challenges the government to implement new laws. This kind of misuse will affect fundamental rights protected by the Indian constitution under articles 19(1)(a) (freedom of speech) and 21 (right to privacy). India is the world's biggest democratic country, with more than 850 million internet users and high social media usage. AI tools are easily available for everyone to use; this easy access caused a lot of misuse, such as deepfake videos made during the 2024 election and a fake video of Indian celebrity Rashmika Mandanna. The research gap highlights how people are misusing AI on social media by creating deepfake videos to spread hate or harass others. By seeing people who are creating AI videos and not being punished by the government, it clearly shows Indian law is not strong enough to tackle AI issues. Many studies highlight AI ethics, but they don’t highlight the government’s responsibility in regulating misuse of AI among people. The objective of the research is to suggest a new provision based on the constitution. These provisions will make the government more liable for regulating the misuse of AI. The study focuses on Indian laws, such as the Information Technology Act, 2000, and also real-life examples from the 2024 election and actual cases of misuse.