Calcutta High Court Flags Unfair Exclusion of IndiaMART by ChatGPT (www.livelaw.in)

The Calcutta High Court has acknowledged a strong prima facie case of unfair exclusion against IndiaMART by OpenAI’s ChatGPT, noting that the platform allegedly omitted IndiaMART's listings while featuring others. Justice Ravi Krishan Kapur indicated that this selective discrimination, which IndiaMART argues is based on biased reliance on USTR reports without due process, could lead to significant commercial harm and reputational damage for the company. Despite recognizing the strength of the complaint, the court refrained from providing interim relief, emphasizing the need for fairness and the right of OpenAI to respond before making a decision. This case is significant for the AI/ML community as it raises critical questions about the accountability of AI platforms in their algorithmic processes and the implications of using governmental reports as a basis for exclusion. The court's findings on the lack of proper notice and assessment before relying on the USTR’s findings could set a precedent for how AI companies interact with businesses, particularly in emerging markets. With this ruling, the intersection of technology, law, and ethical considerations in the use of AI tools comes into sharper focus, highlighting the necessity for transparent algorithms that treat all businesses equitably.