Out-Law / Your Daily Need-To-Know
The South African Department of Communications & Digital Technologies has published a consultation that could lead to an AI regulatory regime in the near future.
The Department has published a draft policy framework on AI (24-page / 2.6MB PDF) through which it intends to “promote the integration of Artificial Intelligence technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation”.
The framework states that an AI policy would “serve as the foundational basis for creating AI regulations and potentially an AI Act in South Africa”.
In its consultation document, the Department said: “The policy framework’s primary objective is to strategically foster a robust AI ecosystem through coordinated efforts in research and development, talent cultivation, and infrastructure enhancement. This holistic approach ensures that AI serves as a catalyst for a digital society, digital economy, and digital inclusion, benefiting all South Africans.”
Legal regulatory expert Andrew Attieh of Pinsent Masons said: “The publication of the framework is a clear statement of intent that the South African government will be following the international trend of regulating the use of AI. On the horizon, we foresee the likelihood of a regulatory framework much like data protection, or competition.”
“One of the main objectives of the framework is to develop sector-specific AI strategies. Among those listed are healthcare, education and finance, but this could extend to energy, construction, pharmaceuticals and beyond” added Nils Rauer, also of Pinsent Masons, who specialises in AI law and regulation.
The policy paper recognised that there are significant challenges to society-wide adoption of AI that could require preparatory investment in digital infrastructure. “Current technological and economic pressures may conflict with the weight of historical issues such as the digital divide and socio-economic inequalities,” according to the framework. “Addressing these historical weights requires deliberate policy interventions that ensure inclusive access to AI benefits. Investments in fundamental digital infrastructure are necessary to bridge the digital divide and enable widespread AI adoption.”
The paper identified nine ‘strategic pillars’ on which policy will be based. These include talent development; creation of digital infrastructure; ethical guidelines, and transparency and explainability.
The framework is open for public comment until 29 November.
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