Fake AI photos
A few months ago, a close friend called me in a panic after seeing my several pictures circulating on social media. At first glance, the photographs looked genuine, but they were not. Someone had used artificial intelligence (AI) to manipulate ordinary photographs taken from my Instagram account and create fake images showing me in compromising situations with a man I have never met. Some people believed the images were real, while others accused me of lying when I denied them. Even my employer asked me about the posts because they had become the subject of discussion at the workplace. Can someone legally use AI to alter another person’s photographs and circulate them online as though they are genuine?
PM, Mwanza
AI has made it possible to create highly realistic photographs, videos and audio recordings that never actually existed. These manipulated images, commonly known as deepfakes, can be used creatively but may also be misused to spread false information, damage reputations and harass individuals. Although Tanzania does not yet have a specific law regulating AI or deepfake technology, this does not mean that such conduct is beyond the reach of the law. The Government’s National Artificial Intelligence Strategic Framework acknowledges that while existing legislation provides an important foundation for AI governance, issues such as AI-generated misinformation and deepfakes are not yet comprehensively addressed under the current legal framework.
Depending on the circumstances, several provisions of the Cybercrimes Act may be relevant. Section 16 criminalises the publication of false, deceptive or misleading information, including information presented in the form of pictures, where it is published with the intention of defaming, threatening, abusing, insulting or misleading the public. In addition, where the fake images are circulated with the intention of intimidating, harassing or causing emotional distress to the victim, section 23 relating to cyberbullying may also apply. Finally, section 45 establishes a statutory take-down notification procedure through which unlawful online content may be removed.
The Personal Data Protection Act may also be relevant because photographs capable of identifying an individual generally constitute personal data. The Act requires personal data to be collected and processed lawfully, fairly and transparently in accordance with the set-out data protection principles. Where a person’s photographs are collected, manipulated or disclosed without lawful authority or contrary to those principles, the Act provides mechanisms for investigation, enforcement and, in appropriate cases, compensation. AI itself is not unlawful. The legal question is whether it has been used in a manner that infringes existing laws.
Depending on the circumstances, several provisions of the Cybercrimes Act may become relevant. Section 16 criminalises the publication of false, deceptive or misleading information, including information presented in the form of pictures, where it is published with the intention of defaming, threatening, abusing, insulting or misleading the public. In addition, where the fake images are circulated with the intention of intimidating, harassing or causing emotional distress to the victim, section 23 relating to cyberbullying may also apply.
The Personal Data Protection Act may also be relevant because photographs capable of identifying an individual generally constitute personal data. The Act requires personal data to be collected and processed lawfully, fairly and transparently in accordance with the set-out data protection principles. Where a person’s photographs are collected, manipulated or disclosed without lawful authority or contrary to those principles, the Act provides mechanisms for investigation, enforcement and, in appropriate cases, compensation. Although AI itself is not unlawful, a question is whether it is used in a manner that infringes existing laws. Anyone who discovers that AI-generated images are being used to impersonate them or damage their reputation may seek seek the removal of the offending content and report the matter to the appropriate authorities. Your lawyer can guide you further.