Home » The UK must not go down the same route as the EU’s AI Act

The UK must not go down the same route as the EU’s AI Act

29th Aug 24 12:41 pm

There’s been a mounting sense of anticipation within the UK’s tech and AI industry in recent weeks, as we’ve awaited details on the Government’s proposed AI Bill with bated breath.

The King’s Speech came and went in July, with no concrete details shared about what this Bill would entail. Now, Tech Secretary Peter Kyle has finally given us our first tidbits of information (Financial Times) – but it’s left much to be desired.

For its first comprehensive piece of AI legislation, the Government has opted for a narrow approach, raising concerns for the future of the UK’s AI industry.

Focusing solely on the most advanced, general-purpose foundation models, the Bill’s core aim is to make the commitments made at the AI Safety Summits legally binding. These commitments are mostly concerned with placing an obligation on AI firms to prevent AI tools from “causing harm”.

The proposed Bill also seemingly fails to regulate smaller, single-purpose AI models, whilst placing significant legal pressure on advanced, general-purpose “foundation” models, the likes of ChatGPT.

We’d hoped that details about the AI Bill would help ease the concerns of AI firms, consumers, and business partners by placing down the first foundations of a comprehensive regulatory framework. Benefitting both the user and the industry, having a series of set parameters would fill consumers and investors with confidence, allowing innovation and investment to bloom.

Instead, the Bill’s narrow scope has only further clouded the waters of legal uncertainty – placing future innovation and the growth and development of the UK’s burgeoning AI industry into jeopardy.

The UK is in the perfect position to firmly assert itself as a global leader in AI. Investors flock to the country daily, facilitating the AI market’s average growth of 9.5% a year (Datacity).

But beyond the economic stats and figures, the UK also has the opportunity to present itself as a pioneering figure in the new and emerging legal landscape that is AI regulation.

So far, only the EU has introduced comprehensive AI-specific legislation. But whilst it’s been the first, it’s also been accused of overregulating AI, placing the EU at risk of stifling innovation – meaning there’s a gap in the regulatory market for the UK.

The Government has the chance to introduce AI legislation that carefully strikes the balance between encouraging innovation and protecting the interests of users, businesses and wider society. By avoiding the pitfalls of the EU’s AI Act, the UK can solidify itself as a welcome home for AI firms and businesses.

But, as it stands, the proposed Bill fails to do that.

Currently, there are stark parallels between the most criticised areas of the EU’s AI Act and the UK’s proposed Bill. There have been concerns that the EU AI Act places regulatory barriers on AI firms that will only benefit global competitors such as the US and China (Euro News).

The EU AI Act also narrowly focuses on foundation models, leaving all other AI systems in limbo. The UK now risks making the same mistakes with its AI Bill.

While other AI models appear to have a degree of free reign, a lack of legal clarity in this area could also have the effect of hindering innovation. Afraid of potential repercussions, AI firms could find themselves hesitating to bring forward new developments, constantly asking themselves “is this allowed?”.

Thankfully, the development of the UK’s AI Bill is still in its infancy, with few details set in stone. The Government must take this opportunity to ensure it doesn’t make the same missteps as the EU. Now is the time for the UK to get ahead of its competition and make itself known as the global hub for AI innovation and development.

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