South Africa’s Deepfake Laws Face Reality check: Remedies Exist, Enforcement Lags
JOHANNESBURG – Despite a legal framework intended to combat the malicious use of deepfakes, South Africa is struggling to translate protections on paper into practical justice for victims, leaving individuals vulnerable to identity theft and defamation. While the law offers recourse, significant hurdles in the judicial system, access to legal representation, and international cooperation are hindering effective enforcement.
South African courts theoretically possess the authority to address deepfake-related harms, but are hampered by severe capacity constraints and substantial case backlogs. According to reports, these issues threaten constitutional rights and contribute to lengthy delays in resolving legal disputes. This creates a situation where litigation becomes inaccessible for many, effectively a “rich man’s” option, as the poor struggle to afford legal fees or secure timely pro bono assistance.
Even when cases proceed, asserting jurisdiction over global social media platforms like Meta and TikTok – which courts can do – proves costly and time-consuming. Serving court orders internationally and ensuring compliance remains a challenge, often resulting in takedown notices being enforced too late to prevent significant damage.
Tracing perpetrators further complicates matters. Individuals frequently operate behind fake profiles, and the South African Police Service (SAPS) has faced criticism for delays in investigating social media-related offenses. Social media companies themselves have been accused of delaying the release of user data needed to identify those responsible, with some officials potentially facing jail time for non-compliance.
Experts suggest bridging these enforcement gaps requires a multi-pronged approach. Capacity building within law enforcement, through collaboration with AI research centers to develop tracing and authentication skills, is crucial. Simultaneously,legal reforms are needed to hold social media platforms directly accountable for swift and effective action when identities are misused. Proposed legal rules include mandatory watermarking of deepfake content, traceability features, and functional takedown systems, moving beyond reliance on age restrictions or consent.
Without addressing these systemic issues, South African law’s promise of protection against deepfake abuse remains largely unfulfilled, allowing the proliferation of illegal content and leaving victims exposed.
