As artificial intelligence (AI) and data privacy take center stage in global discussions, Michael McNamara, Member of the European Parliament (MEP) and co-chair of the European Parliament’s AI Working Group, shares his insights on laws that would benefit news publishers in India including fair compensation and tackling digital misinformation in the age of AI.
On the sidelines of Storyboard18 DNPA Conclave, McNamara highlighted that while AI legislation does address data concerns, it primarily focuses on managing the risks inherent in artificial intelligence rather than regulating the unlawful use of data. “There are a number of laws in Europe regarding data,” he explains. “GDPR, the General Data Protection Regulation, has been in place since 2016 and primarily deals with data protection, requiring individuals to authorize the use of their data.” Other frameworks, such as the Digital Safety Act and the Digital Marketing Act, further regulate digital issues.
However, enforcement remains a challenge. “GDPR enforcement is very much at a national level, and in federal states like Germany, it even operates at the state level. While this ensures regulations align with local social concerns, it also results in a fragmented approach that varies from region to region,” he points out. This complexity affects both businesses operating across borders and individuals seeking to protect their data. He acknowledges ongoing efforts to improve cooperation between enforcement bodies but admits that “it hasn’t worked very well in practice in Europe.”
India’s Role in Global Data Protection
When asked about India’s approach to data regulation, McNamara is careful not to impose recommendations but recognizes the growing importance of legal safeguards. “I wouldn’t dare to tell Indian legislators how to do their job,” he says. “The protection of Indian citizens’ data is entirely a matter for them to determine.”
However, he highlights the need for alignment between Indian and European regulations as cooperation between the two regions grows. “The European Commission is here in India with not just the President, but the entire Commission—something that has never happened before outside the EU. This is a major statement of intent, a sign of the desire to cooperate closely with India,” he notes. “For European data to move to India, legal safeguards must be in place. That is the only aspect I would address—how Indian citizen data is handled is for the Indian legislature to decide.”
Collaborating with India
When asked about the policies that would benefit news publishers in India, McNamara is clear that he does not intend to dictate policy. “I wouldn’t offer advice to Indian legislators,” he states. “What I would say is that the European experience is at their disposal if they wish to avail of it, but that’s entirely their choice.” He acknowledges that the AI office of the European Commission is open to cooperation with similar bodies worldwide but clarifies that it operates as an executive entity rather than a legislative one.
From a parliamentary standpoint, McNamara highlights the willingness of the European Parliament’s AI working group to engage with Indian lawmakers. “I would certainly invite Indian lawmakers, if they’re interested, to cooperate with the AI working group within the European Parliament. I’d be very happy to share our experience, but it’s up to them to decide whether they find that useful,” he explains. “I wouldn’t push that on them or claim that our approach is the best—it’s not. But it is an approach they could examine while determining their own policies.”
The Case for a Global AI Governance Framework
As AI technology transcends borders, the question arises whether a unified global regulatory framework is necessary. McNamara sees value in a coordinated approach but acknowledges the complexities involved. “I think there’s a need for a global approach,” he says. “Efforts are already being made in that direction—the Council of Europe has developed a convention on the matter, the OECD is working on setting standards, and I believe the United Nations will increasingly move in that direction as well.”
However, he cautions against the idea of a single global enforcement body. “Enforcement will always have to be at a national level,” he points out. “Legal action must be taken within a state’s jurisdiction, and if individuals or companies fail to adhere to regulations, they need to be prosecutable before the courts of that state. That’s how enforcement works.”
Taking on Big Tech: A Work in Progress
Europe has taken a direct approach in holding big tech companies like Google and Meta accountable for fair compensation and data practices, but McNamara describes it as an ongoing process. “It hasn’t been entirely successful,” he admits. He points to legal cases brought forward by activists, including Austrian data protection advocate Max Schrems, who has led multiple legal battles on data privacy violations.
While Europe has imposed heavy fines on big tech companies, similar actions have not yet been seen in India. However, McNamara is careful not to speculate on what India should do. “That is a choice for the Indian legislature,” he states. “Even in the European context, these fines may seem astronomical, but whether they are truly effective remains to be seen.”
Ensuring Fair Compensation for publishers
A major point of contention in digital governance is the issue of fair compensation for publishers and content creators. McNamara is firm in his belief that those who create original work deserve to be paid fairly. “You can’t have a situation where journalists and artists create content while others monetize it without paying a fair share to the original creators,” he argues.
However, finding a workable solution remains complex. “Australia attempted to address this issue, but my understanding is that their approach hasn’t been entirely successful, and they’ve had to revise their methods,” he notes. With tech corporations wielding financial power greater than that of many national governments, “how to balance innovation with fair compensation is an issue that requires international cooperation.”
Challenge of Deepfakes and AI Misinformation
As AI technology advances, concerns about deepfakes and misinformation continue to grow. McNamara stresses the need for transparency in AI-generated content, particularly in journalism. “If you’re informing the public on matters of public importance—such as news and current affairs—AI-generated content must be clearly labeled so that readers, viewers, and listeners know it’s not created by a human journalist,” he explains.
Similarly, while deepfakes are not outright banned in Europe, regulations require clarity about their origin. “It has to be very clear that deepfakes are AI-generated and not realistic, original content. Maintaining public trust is crucial in this digital era,” he says.