MIL Africa Engine

Source: The Conversation – Africa – By Nomalanga Mashinini, Senior Lecturer, University of the Witwatersrand

Deepfakes are forgeries of people’s faces, voices and likeness generated through artificial intelligence (AI). They create a serious digital deception. Deepfakes undermine constitutional rights, reduce trust in media and distort fairness in elections. While many countries have laws that address the risks caused by deepfakes, enforcement remains a challenge.

Deepfakes began to be widely created in 2017 after they’d first appeared on Reddit, a discussion website of forums where people exchange information. A Reddit user called Deepfakes shared an AI software tool that could superimpose celebrities’ faces on pornographic videos. AI-generated media became widely accessible through software apps that enable people to freely create deepfakes.

There are several types of deepfakes:

• text deepfakes in the form of fake receipts and identification documents

• photo deepfakes, often swapping faces and bodies using apps to create memes

• audio deepfakes, where text-to-speech apps are used for voice cloning, often targeting politicians

• video deepfakes, where face and movement are transferred onto someone else’s video, commonly used to create “revenge pornography”.

Deepfakes pose three main dangers:

1. They deceive audiences into believing fabricated media.

2. They enable cybercrimes, reputational harm and misrepresentation.

3. They can be published by anyone, including anonymous social media users.

The key issue is how law can protect people from the illegal use of their images, voices, and likenesses in deepfakes.

Since 2020, I have looked at laws that regulate deepfakes in South Africa and their implementation. My findings show that the biggest problem with deepfakes is law enforcement, rather than any lack of laws that prohibit the unlawful creation and distribution of deepfakes.

Deepfake threats

South Africa has seen notable cases that highlight the growing impact of deepfakes. In 2024, Leanne Manas, an award-winning South African broadcast anchor, was a victim when her image was used in fake endorsement of weight loss products and online trading on Facebook and TikTok.

South African-born businessman Elon Musk also appeared in a deepfake video that induced many South Africans to invest in a financial scam that promised high returns.

In 2025, Professor Salim Abdool Karim, the director of the Centre for the AIDS Programme of Research in South Africa, appeared in a deepfake video showing him making anti-vaccination statements while endorsing counterfeit heart medicine.

Legal protection in South Africa

South Africa has a mixed legal system that combines constitutional rights, legislation and common law rules to provide deepfake victims with remedies.

There are laws that provide remedies in both civil and criminal cases. For example:

Common law remedies

Anyone can claim violation of privacy if their private images are used without permission. They can also enforce their right to identity if a deepfake misrepresents them or gives a perpetrator commercial advantage.

I investigated these principles in an article about the impact of deepfakes on the right to identity in South Africa. Using South African cases, I found that the unauthorised use of a person’s identity attributes in a deepfake deserves protection.

The Supreme Court of Appeal confirmed, in Grütter v Lombard, that South African law protects a person’s identity from being exploited without permission. And this protection is supported by the constitutional guarantee of human dignity. Grütter and Lombard once practised on the same premises under the name “Grütter and Lombard”, but Grütter later left. Lombard kept using Grütter’s name without consent. The court ordered him to stop as it falsely implied an ongoing professional association and infringed Grütter’s right to identity.

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Read more: Deepfakes in South Africa: protecting your image online is the key to fighting them

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In another case, a surfer’s magazine called ZigZag published a photo of a 12-year-old girl as a pin-up cover image. The court stressed that the key issue was whether an image was exploited for another’s benefit without consent. The defendants were ordered to pay compensation and costs.

Another case is that of South African television personality, beauty pageant titleholder, businesswoman and philanthropist Basetsana Kumalo. She sued a business that took photos of her while she was shopping in their store and used those images in an advertisement for their products without her permission. The court ruled that using someone’s likeness for false endorsements infringes identity and privacy, because it creates the misleading impression of support for the product, service or business.

These cases fit squarely into the deepfakes misuses, showing that false endorsement, election disinformation and non-consensual pornography on social media can trigger liability.

Enforcement challenges

While South African law provides remedies against deepfakes, four hurdles frustrate enforcement:

1. South African courts have capacity constraints and struggle to resolve backlogs.

2. Litigation remains a “rich man’s” option. The poor struggle to access justice or wait too long for pro bono help.

3. While South African courts can assert jurisdiction over global platforms like Meta and TikTok, serving court orders abroad and compelling compliance is still costly, and takedown notices are often enforced too late.

4. Perpetrators hide behind fake profiles and are hard to trace through the South African Police Service. Social media companies delay revealing the perpetrators’ true identities upon request.

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Read more: Artificial intelligence carries a huge upside. But potential harms need to be managed

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These enforcement challenges can be addressed through capacity building and legal reform. AI research centres should work with law enforcement to train personnel and provide practical skills and tools for tracing and authenticating deepfakes. Parliament must update social media laws so that platforms are directly accountable for fast and fair action when people’s identities are misused in deepfakes.

Legal rules should set minimum standards that deepfake apps and platforms must follow. Rather than relying on age restrictions or consent alone, the law should require these tools to embed watermarking to signal that content is a deepfake, enable tracing of where it comes from, and make sure takedown systems actually work.

Justice on paper

South African law clearly prohibits the misuse of identity through deepfakes, but enforcement gaps leave victims exposed. Without affordable legal access, faster platform accountability, and effective international cooperation, illegal deepfakes will continue to increase.

– Deepfakes and South African law: remedies on paper, gaps in practice
– https://theconversation.com/deepfakes-and-south-african-law-remedies-on-paper-gaps-in-practice-263850

Source: The Conversation – Africa – By Terefe Gebreyesus, Lecturer, Griffith University

Ethiopia has attempted to transition to democracy twice. First in 1991, when a new government overthrew a dictatorial military regime. Second in 2018, when Abiy Ahmed took over as prime minister after protests against a repressive government.

In both attempts, there was optimism and excitement. But both failed.

Can Ethiopia still get it right? In a recent article, I tried to answer this question. I examined four preconditions that scholars of democratic transition identify. These are:

• economic growth over a considerable period

• political elites committed to tolerance, compromise and respect for democratic rules and practices

• independent political institutions

• international organisations, such as the African Union and the UN, being willing to force the country’s political elites to uphold democratic values.

In my view, based on my research, Ethiopia does not meet any of the preconditions.

Instead, democratic governance is made almost impossible by its poverty, culture of solving political differences with conflict and violence, absence of strong political institutions, and polarisation.

A democratic government in Ethiopia would help ensure people live in a country that respects human rights and dignity. It would help unlock accountability, stability and economic growth.

Failed attempts

In 1991, the country had endured a 17-year civil war that began in 1974. The winners of the war, the Tigray People’s Liberation Front, established control over the country by forming a coalition political party, the Ethiopian People’s Revolutionary Democratic Front.

The new government made radical reforms. It allowed political parties, radio and media communications to be free. It encouraged private publications and permitted public demonstrations.

But it didn’t take long for the new government to become authoritarian. It persecuted political competitors. Elections were held regularly, but they were not free and fair. Human rights and political freedoms were violated. Freedom of political communication was restricted.

As a result, protests started in 2015. They led to the appointment of Abiy as prime minister in 2018.

He began a second attempt at moving Ethiopia towards democracy. As The Guardian newspaper in the UK described it:

Something extraordinary is happening in Ethiopia … authoritarianism and state brutality appear to be giving way to something resembling democracy.

Again, this didn’t last. Instead, political order has worsened. The country went through a two-year civil war from 2020 to 2022 between the federal government and the Tigray People’s Liberation Front. Another guerrilla war started between the federal government and an Amhara youth group named the Fano shortly afterwards.

What democratic transition takes

No country has become democratic without at least some of the four preconditions in place. And they are not equally important. For instance, Ghana may not have a strong economy, but it has political elites who play by the rules of democratic governance.

Economic growth: if a society is economically advanced, generally, the people want democracy. This is because an undemocratic and unstable government threatens their economic security. As a result, citizens won’t take part in activities that go against democratic consolidation.

Ethiopia is one of the poorest countries in the world. While there is no magic number for this, one study found that a country with US$10,000 per capita income generally has a higher chance of adopting competitive elections. Ethiopia’s per capita income is US$1,011.

Economic growth is the foundation of strong political and civic institutions. These are important for transiting to and consolidating democracy.

But economic growth needs time. Ethiopia’s constant political instability has hurt its potential for economic development. In the two decades before 2018, its economy grew strongly, reducing the national poverty rate from 39% to 24%. Political instability and other factors since then had increased poverty rates to 32% by 2021.

Political elites: if political elites are committed to deliberating, compromising and cooperating, a country can successfully transit to democracy. One study found that when political elites are divided, the country will be authoritarian. The current civil war in Sudan offers an example of what can happen when political elites battle for power.

In Ethiopia, political disagreements often lead to violence or a government effort to silence and destroy the opposition. In 1991, when the Ethiopian People’s Democratic Front and other political groups couldn’t find common ground, the ruling elite eliminated dissenters. This allowed it to rule the country alone for 28 years. Similarly, when political elites couldn’t deliberate, compromise and cooperate in the second attempt, war broke out.

Political institutions: strong political institutions – such as an independent judiciary, police and electoral agency – support democratic transition. They also help sustain it. Political institutions prevent authoritarian leaders from persecuting political competition, and help solve any conflicts between competing elites.

External pressure: the best example of this was seen in 2022. The civil war between Tigray and the Ethiopian government ended when an African Union-led effort in South Africa forced the two sides to agree. It’s difficult, however, to transition to democracy by relying on external pressure, which would need to be constant and consistent. No country in Africa has been able to become and stay democratic based on external pressure.

What next

Democratic transition can only succeed in Ethiopia when at least one of three things occurs.

First, the country’s economy needs to grow for a substantial amount of time. Second, its diverse ethnic and religious identities must be integrated through policies that encourage the de-escalation of ethnic conflict. Third, society and, more specifically, the political elite need to commit to tolerance, compromise and respect for democratic principles.

All that will take a long time to achieve. Meanwhile, the country has two unfavourable choices: support a non-democratic government to consolidate political order and then gradually help it achieve democratic goals. Or attempt another transition, which may lead to anarchy and widespread inter-community violence. An untimely democratic transition would destroy political order.

With this in mind, Ethiopia’s political elites need to embrace discussion, debate and compromise. External forces can be a support by getting the political elite to move in this direction.

– Ethiopia’s two bids at democracy have failed: what it will take to succeed
– https://theconversation.com/ethiopias-two-bids-at-democracy-have-failed-what-it-will-take-to-succeed-263817