The Draft National AI Policy in the Pipeline
Have you seen the movie “I, Robot”?
Set in the year 2035 - only 10 years away from now - it revolved around the death (by suicide) of a leading robotics scientist, Dr. Alfred Lanning. This leads techno-phobic homicide detective Del Spooner of the Chicago PD (played by Will Smith) to uncover a trail of secrets and agendas within the USR (United States Robotics) corporation. Ultimately Spooner doesn’t believe Lanning died by suicide but instead he suspects murder. Little does Spooner know that his investigation would lead to uncovering a larger threat to humanity and the ultimate question of whether or not humans would require a robot in every household.
At the time the movie was released in 2004, the idea of robots or artificial intelligence was so far removed from our everyday life that none of us gave it a second thought.
Now, 21 years later, we find ourselves using - sometimes on a daily basis - some form of artificial intelligence. Whether we are using Siri or Alexa, watching streaming service recommendations on Netflix and Spotify, utilising navigation apps like Waze or Google Maps, using facial recognition systems to access our phones or online banking or using a Chatbot to research a topic (with caution by the way). AI also helps detect fraudulent online transactions and is essential for the functioning of autonomous vehicles.
AI is everywhere. And it helps us with just about everything.
Is it that far fetched to imagine an actual robot in every household serving our every whim? In fact, is it that far to imagine that a robot, an artificial intelligence (AI), would one day, be able to decide for itself what it wants and what it desires and then act accordingly? We are talking about free will here.
Hmmmm…. It’s something to think about. And we are - perhaps - getting way ahead of ourselves.
After all, we have only really just begun to use AI for basic things like banking and driving. But having said that and as of 2023, it has been said that it even holds excellent potential for improving disease diagnosis, treatment selection, and clinical laboratory testing (BMC Medical Education) in hospitals. So, the use of AI is constantly evolving.
And right now, at least for South Africa, the priority is ensuring that AI is available to everyone.
The National Artificial Intelligence (AI) Policy Framework
There is no denying that since the beginning of this decade, AI has rapidly advanced. Beyond our wildest imaginations, and even to the extent that we have self-driving cars!
AI has now been recognized as a general-purpose technology (GPT) like electricity or the internet even ChatGPT, because of its wide-ranging impacts across various sectors and its potential to transform economies and societies.
Because of this, South Africa’s Department of Communications and Digital Technologies issued its ‘South Africa National Artificial Intelligence Policy Framework’ document in August 2024. It was the first step towards developing an AI policy.
By embracing AI’s transformative potential, this framework seeks to address pressing national challenges and leverage opportunities across all sectors in the economy. 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.
A cornerstone of this framework is the commitment to ethical AI development and use. It integrates comprehensive guidelines to ensure AI systems are transparent, accountable, and designed to promote fairness while mitigating biases. This includes establishing robust data governance frameworks to protect privacy and enhance data security, alongside setting standards for AI transparency and explainability to foster trust among users and stakeholders.
The policy framework emphasizes the importance of human-centred AI, ensuring that AI applications augment human decision-making rather than replace it. By safeguarding professional responsibility and promoting human values, the framework ensures that AI development aligns with societal and ethical considerations.
The framework also addresses the need for capacity building and economic development by promoting AI education and training programs, supporting AI startups, and facilitating public-private partnerships. It also includes measures to enhance cybersecurity and protect AI systems from malicious threats. By prioritizing these areas, the framework aims to create a conducive environment for AI innovation, ensuring that the economic benefits of AI are widely distributed and contribute to the overall prosperity of the nation.
Is an AI Policy necessary?
Considering the way the world is moving and the rapid rate that technology is improving at, the simple and quick answer to that question is - yes.
Furthermore, there's a growing global need to standardise AI policies to foster responsible development, ensure ethical use, mitigate risks, and promote economic competitiveness. Why? Well, fragmented national regulations create compliance burdens and hinder innovation.
Therefore, it’s up to organisations and governments who need to work together and towards harmonised standards, emphasising interoperability and common definitions to guide AI's safe and beneficial integration into society - a mutually beneficial outcome for all involved.
Ø Wait. What’s interoperability?
It refers to the ability of computer systems or software to exchange and make use of information.
Why Standardisation is Necessary
1. Harmonized Regulations - differing AI rules across countries create compliance complexities and increased costs for businesses, making it harder for them to operate internationally. And for South Africa, that’s a big no-no and something we can ill-afford.
2. Ethical Governance - standardised policies are crucial for guiding AI's responsible and ethical development, ensuring it aligns with fundamental human rights and democratic values - something our government really take to heart.
3. Risk Mitigation - common standards help address shared risks like algorithmic bias, deepfakes, and privacy breaches, fostering trust and protecting society from potential harm.
4. Economic Growth & Competitiveness - standardised frameworks can promote innovation by creating a predictable environment for investment, facilitating cross-border trade, and helping nations remain competitive in the global AI race.
5. Interoperability - standardised definitions and interoperable policies are essential for governments to collaborate effectively on managing AI at an international level and to ensure different AI systems can work together across borders.
Examples of Standardisation Efforts
1. OECD AI Principles - the OECD has established principles that serve as a foundation for AI policy and trustworthy AI development, emphasising human rights, fairness, and transparency.
2. EU AI Act - the EU has adopted a tiered risk-based approach to AI regulation, categorising applications to manage risks and ensure safety.
3. International Chamber of Commerce (ICC) - the ICC calls for greater coordination on the development of international, market-driven AI standards to reduce fragmentation and boost innovation.
4. ITU (International Telecommunication Union) - this UN agency uses its experience in regulating new technologies to shape global AI standards, focusing on enabling interoperability across different sectors.
Challenges in Standardisation
1. Uneven Regulatory Frameworks - different countries are at various stages of developing their AI regulations, leading to an uneven global landscape. Something which South Africa hopes to address with its National AI Policy.
2. Complexity of AI - the rapid evolution and broad application of AI systems make it challenging to create a single, comprehensive regulatory approach.
3. Balancing Innovation and Regulation - policymakers face the difficult task of creating regulations that prevent harm without stifling the beneficial innovation that AI can bring.
Developing a National AI policy for South Africa allows South Africa to align with global AI governance standards, which will, in turn, facilitate international collaboration and most importantly trade. In fact, according to the United States of America International Trade Administration (ITA) -
“While the AI plan is still being considered, it provides opportunities for U.S. companies looking to expand into the South African market. The plan targets for ZAR70 billion (USD3.7 billion) in government, local, and foreign direct investment in AI by 2030, with 100-300 AI startups and 5000 AI experts in the country”.
And those are big numbers.
Drafting a National AI Policy is therefore essential because -
1. Guiding responsible development - AI can transform sectors. Provided there are clear rules. As set out by the OECD, the National AI Policy will help guide sectors through its responsible and ethical use.
2. Addressing Socio-Economic disparities - it’s clear that South Africa has inequality problems. In fact, it’s considered the most unequal country in the world by the World Bank. This is evident in stark differences in income, wealth, and access to opportunities, with the top 10% of the population holding a vastly disproportionate share of wealth. AI and therefore the National AI Policy can help use AI to reduce these disparities and promote fairness.
3. Driving economic growth - according to Brookings, the difficulty and expense of scientific and applied development has greatly increased, making it harder to push out the frontier of knowledge. If AI can mitigate this trend and raise the productivity of research, it can, over time, raise overall productivity in the economy. Therefore, if South Africa can use AI to boost productivity, it can compete on the global stage.
4. Ensuring global competitiveness - according to Viva Technology, Artificial Intelligence (AI) has emerged as a decisive factor in global tech competitiveness. Around the world, companies and governments are racing to harness AI's potential for economic leadership. It therefore stands to reason that countries that are leading in AI have an advantage. By developing a National AI Policy, it can help South Africa compete globally and therefore benefit from AI.
5. Building public trust - a National AI policy can build public trust by ensuring transparency, accountability, and fairness in AI systems, while also mitigating risks like bias and discrimination. By clearly defining the ethical principles, robust data governance, and human oversight for AI, a policy framework helps citizens understand AI's applications, fosters confidence in its use for public services, and ultimately encourages greater acceptance of this transformative technology.
The National AI Policy will position South Africa as a leader in the digital and AI landscape by leveraging these technologies for national development. There is still some work to be done by government and relevant stakeholders in various sectors but - it would seem - that we are on the right track.
Referring to the Draft National AI Policy, the communications and digital technologies minister, Solly Malatsi, declared this in a speech on Google AI in Action -
“It aims to leverage AI for inclusive economic growth, job creation, cost reduction, and a digitally empowered Africa”.
The minister emphasised that the journey into an AI-driven future is a national mission that requires collaboration across all sectors of society.
We have taken the utmost care to ensure that the above information is correct, but we urge you to consult with a suitably qualified legal practitioner who will be able to answer any questions you may have on the National AI Policy. In this regard, we would be more than happy to support you. Please feel free to contact us to see how we can best assist.
We are a law firm that considers honesty to be core to our business. We are a law firm that will provide you with clear advice and smart strategies - always keeping your best interests at heart!
(Sources used and to whom we give thanks - Sabinet; De Rebus; South Africa National Artificial Intelligence Policy; Michalsons; ITA; Department: Communications & digital technologies; UNESCO; OECD; Review of Policy Research; EU Artificial Intelligence Act; ICC; ITU and United Nations Activities on Artificial Intelligence (AI)).
