Threat of deepfakes

My friend recently sent me a video of a politician apparently admitting to corruption. Later, I found out that the video was not real but had been created using Artificial Intelligence (AI), which people call a ‘deepfake’. This scared me, because it looked so real and many people had already shared it online. I am worried that someone might make a video about me, damaging my reputation or career. Is there any law in Tanzania that can protect people if a deepfake is used against them?

JK, Mwanza

You raise a very important concern. Deepfakes are a modern digital threat that use artificial intelligence to manipulate video, audio, or images in ways that appear convincingly real. In Tanzania, although there is no specific law currently explicitly referencing ‘deepfakes,’ several existing laws can be applied to safeguard individuals from harm caused by them. If a deepfake falsely depicts you in a damaging manner, you may have grounds to sue for defamation, as your reputation is legally protected.

The Cybercrimes Act criminalises offences such as the publication of false information and the unlawful dissemination of false, misleading, or deceptive content, thus, creators of deepfakes may be prosecuted under these provisions. The Electronic and Postal Communications (Online Content) Regulations are also relevant as they prohibit the publication of false, misleading, or deceptive material online. A deepfake video clearly breaches these Regulations. The Personal Data Protection Act is also pertinent when a person’s image, likeness, or voice is used in a deepfake without their consent, which constitutes a violation of their privacy and personal data rights. These are just a few examples, and many other laws may be relevant depending on the deepfake.

Generally, Tanzanian law already provides remedies. Nonetheless, it would be beneficial for the government to adopt legislation specifically on AI to ensure certainty and provide adequate protection. Consult a lawyer for further guidance.