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.

Wife’s domestic violence

I am a man in my early 40s and employed as an accountant in Singida. I need your advice on a sensitive issue. My wife and I have been married for 10 years. She gets overly drunk every night and hits me. The daily fights have gotten so intense that I have had to flee my house a few times. I have been extremely patient with her but my patience has run out and I now want to divorce her. I am embarrassed to admit to my friends and family that my wife regularly beats me. What should I do?

PM, Singida

We are sorry that you are going through this. Abuse, in any form whatsoever, should not be tolerated. You have very good reasons to seek a divorce from your wife. It is important to note that, in terms of section 107(1) of the Law of Marriage Act, Cap 29 [R.E. 2023], in deciding whether or not a marriage has broken down, the Court shall have regard to relevant evidence regarding the conduct and circumstances of the parties. For example, the Court can refuse to grant a decree where a petition is founded exclusively on the petitioner’s own wrongdoing. In particular, section 107(2) provides for matters that may be accepted by the Court as evidence that a marriage has broken down. These matters include cruelty, whether mental or physical, on the Respondent or on children. However, proof of that matter does not entitle a party as of right to a decree, implying that the Court must be satisfied that the marriage has broken down irreparably. We advise that you urgently speak to a lawyer and seek professional legal advice to commence this process.

Infringement of unregistered trademark

We are a commercial enterprise in Mwanza, selling packaged beans bearing our unregistered brand name since 2024. We managed to build a solid local customer base and acquire local goodwill. In 2026, we noticed that one of small entrepreneur’s in Dar es Salaam uses a nearly resembling brand name and had launched a competing product line. We have been told that we cannot sue for trademark infringement. Kindly advise.

RT, Dar es Salaam

It is true that you cannot file a Trademark Infringement claim for an unregistered brand, as Statutory Protection is strictly limited to officially Registered Trademarks. However, that doesn’t mean you have no recourse.

You can still file a case against the counter party and seek financial compensation through a common-law claim for passing off. You will need to prove goodwill, misrepresentation and damages. Your lawyer can guide you further.