Artificial intelligence (AI) is here to stay, reshaping industries, raising new legal questions, and pushing regulators worldwide to respond. Yet while the European Union, United States, United Kingdom and China forge ahead with regulatory frameworks, most African countries remain in a holding pattern. The question is: can we afford to wait?
In this episode of our ‘Value of Knowing’ podcast, Ashleigh Graham discusses AI-related risks and how to mitigate them, with John Syekei, Vanessa Jacklin-Levin, and Ashleigh Brink.
The discussion ranges from practical considerations, such as liability, intellectual property ownership, and data protection, to the broader societal impact of AI, including how it will transform not only how we work but also how we litigate, how we protect rights, and how we structure our economies.
It extends to the range of approaches to regulating this transformative technology – from the EU’s gold-standard AI Act to the fragmented US model and China’s prescriptive regime – and considers where African countries stand in the global race to regulate this important and evolving disruptor.
Subscribe on Apple Podcasts, Spotify or YouTube.
Topics covered
- The EU AI Act, in force since August 2024, is widely seen as the “gold standard” for regulation, adopting a risk-based approach and imposing strict obligations on high-risk systems. The US remains fragmented with no federal framework, but significant state-level activity. The UK has a pro-innovation regulator-led model supported by non-binding guidance. China’s approach is highly prescriptive.
- South Africa has released a draft national AI policy framework, while Kenya recently launched its AI strategy. Both remain reliant on existing legal frameworks in the absence of AI-specific legislation.
- AI adoption brings exposure to liability (users often carry the risk if AI-generated errors occur); ambiguity in contracts (AI-drafted clauses may be interpreted against the party using AI); intellectual property disputes (ownership of AI-generated works is often unclear); and data protection challenges (especially with public AI tools).
- Risks can be mitigated by drafting detailed contracts with clear liability, IP, and data use provisions; establishing robust workplace policies to govern employee use of AI; adopting international standards and considering alternative dispute resolution for AI-related conflicts.
Looking ahead
- Kenya’s AI strategy signals a more structured regulatory approach in the medium term.
- South Africa may draw from the EU model, given its GDPR alignment.
- Across Africa, businesses that adopt strong internal governance now will be well-positioned when formal regulations arrive.
Key takeaways
- There is no ‘one-size-fits-all’ approach to AI regulation globally, but the EU’s AI Act is leading the way.
- Africa countries generally rely on existing laws, but Kenya and South Africa are moving toward introducing specific legal frameworks to govern AI adoption.
- Businesses need to manage the risks of introducing AI, but risk being left behind if they ignore the opportunities that AI presents.
Resources
Bowmans survey titled ‘Optimising AI Responsibly’
