Trilegal Releases White Paper Advocating a Unique Regulatory Approach to Generative AI in India
Leading full-service law firm Trilegal has unveiled its latest white paper titled “Approach Paper on Regulation of Gen AI in India”, urging a uniquely Indian framework for regulating Generative AI (Gen AI). As countries worldwide grapple with AI oversight, the white paper strongly recommends that India adopt a regulatory model tailored to its socio-economic priorities—one that promotes inclusive innovation rather than replicating the restrictive safety-first approaches seen in developed nations.
Prepared by the firm’s Technology, Media & Telecommunications (TMT) practice, the paper argues for a governance model that nurtures Gen AI’s transformative potential across key sectors like healthcare, education, and financial inclusion, while carefully addressing emerging risks.
Core Recommendations: A Context-Aware Framework
The white paper outlines a flexible regulatory architecture that supports Gen AI development while managing associated risks. It rejects a blanket, prescriptive approach—such as that followed by the EU’s AI Act—in favour of adaptive, sector-specific guidance aligned with India’s developmental needs.
Central to the proposal is a graduated liability model. This introduces safe harbour protection for developers unless negligence is demonstrated, while suggesting strict liability only for extreme harms, including Chemical, Biological, Radiological and Nuclear (CBRN) content, Child Sexual Abuse Material (CSAM), and Non-Consensual Intimate Images (NCII). The framework also incorporates notice-and-remediation mechanisms, supporting a more proportionate enforcement strategy.
Nikhil Narendran, Partner in the TMT practice at Trilegal, said,
“India is at a defining crossroads. The decisions we make today about AI will shape our economic and social future for generations. We have a real opportunity to ensure this technology drives inclusive growth, grounded in equity, transparency, and trust. What’s needed now is thoughtful leadership, collaborative policymaking, and a commitment to innovation that works for everyone. Our white paper charts a path that enables India to harness AI’s transformative potential while maintaining appropriate safeguards.”
Enabling Innovation Through Legislative Reform
The paper also proposes specific legislative amendments to align the legal landscape with the needs of Gen AI innovation. Key suggestions include:
- Explicit Text and Data Mining (TDM) exemptions in the Copyright Act
- Broader exemptions in the Digital Personal Data Protection Act for AI model training
- Elimination of legal ambiguities that may inhibit AI research and deployment
Optimising Existing Legal Tools
Trilegal contends that new laws may not be necessary in many cases. Instead, India can effectively address Gen AI-related harms through existing statutes such as the Information Technology Act, the Bharatiya Nyaya Sanhita, and the Consumer Protection Act. These can be leveraged to combat issues such as impersonation, misinformation, and election interference—provided that regulators are equipped and trained to apply them within the Gen AI context.
Global Regulatory Context: A Nimble Indian Alternative
In contrast to the European Union’s stringent AI Act and the United States’ evolving AI stance, Trilegal’s paper supports a nimble, iterative regulatory approach. The proposal balances risk mitigation with the immense developmental potential of AI applications in India.
Proactive Risk Mitigation and International Collaboration
To address emerging and future AI risks, the paper calls for empowering the IndiaAI Safety Institute to work with global AI safety bodies, enabling early-stage risk detection. Additionally, it recommends exploring revenue-sharing models for AI-generated content, as well as preparing for newer threats such as style mimicry and intellectual property dilution.
Strategic Implementation
Rather than enacting rigid new legislation upfront, Trilegal advises a phased implementation starting with sector-specific guidance and subordinate legislation, leading to a more comprehensive legal framework over time. This ensures regulators can apply current laws effectively while adjusting to the evolving nature of Gen AI technologies.
Policy Recommendations: Balancing Growth and Safeguards
The firm’s white paper urges Indian policymakers to:
- Evaluate whether existing legal frameworks can sufficiently address Gen AI risks
- Introduce enabling amendments to data protection and copyright statutes
- Establish notice-based safe harbour provisions for AI developers
- Focus on actual risk mitigation without compromising on innovation
India’s Opportunity for Leadership
Trilegal concludes that India must craft a regulation rooted in its own priorities, aimed at maximising societal gains while actively monitoring and addressing harm. The firm believes this approach will position India as a global leader in responsible and inclusive AI governance.
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