Module 5: Artificial Intelligence - Revision history

Plixavra: /* Policy Guiding instruments */

2025-11-28T11:18:31Z

Policy Guiding instruments

← Older revision		Revision as of 13:18, 28 November 2025
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	<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>		<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>

	==== <span class="s1">Policy ~~'''~~Guiding instruments~~'''~~</span> ====		==== <span class="s1">Policy Guiding instruments</span> ====
	<p class="p1">As a policy guiding instrument,''' '''South Africa’s department of communications and Digital Technologies published the <span class="s1">[https://africadataprotection.org/South-Africa-AI.pdf National Artificial Intelligence Policy Framework]</span>, that aims to promote integration of AI technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation (p.1):<br></p>		<p class="p1">As a policy guiding instrument,''' '''South Africa’s department of communications and Digital Technologies published the <span class="s1">[https://africadataprotection.org/South-Africa-AI.pdf National Artificial Intelligence Policy Framework]</span>, that aims to promote integration of AI technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation (p.1):<br></p>
	*<span class="s1"></span>It lists the strategic pillars necessary to support the policy’s goals, such as talent and capacity development, investment in digital infrastructure, research and innovation (p.9).		*<span class="s1"></span>It lists the strategic pillars necessary to support the policy’s goals, such as talent and capacity development, investment in digital infrastructure, research and innovation (p.9).
	*<p class="p1">It also contains Ethical guidelines to ensure responsible AI development and use, chiefly data governance rules and promotion of transparency and explainability of AI systems (clear, understandable outputs (p.11).</p>		*<p class="p1">It also contains Ethical guidelines to ensure responsible AI development and use, chiefly data governance rules and promotion of transparency and explainability of AI systems (clear, understandable outputs (p.11).</p>
	*<span class="s1"></span>Interestingly, the policy framework does not explicitly define what an AI system is, nor does it identify specific gaps in present legislation, and only offers vague acknowledgment that existing regulatory frameworks are outdated (p.7).		*<span class="s1"></span>Interestingly, the policy framework does not explicitly define what an AI system is, nor does it identify specific gaps in present legislation, and only offers vague acknowledgment that existing regulatory frameworks are outdated (p.7).

Plixavra: /* Contractual Clauses */

2025-11-28T11:18:14Z

Contractual Clauses

← Older revision		Revision as of 13:18, 28 November 2025
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	<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>		<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>

	==== Contractual ~~'''~~Clauses~~'''~~ ====		==== Contractual Clauses ====
	<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>		<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>

Plixavra: /* Data protection law */

2025-11-28T11:18:01Z

Data protection law

← Older revision		Revision as of 13:18, 28 November 2025
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	*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>		*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>

	==== Data ~~'''~~protection law~~'''~~ ====		==== Data protection law ====
	<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>		<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>

Plixavra: /* Copyright law */

2025-11-28T11:17:46Z

← Older revision		Revision as of 13:17, 28 November 2025
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	<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>		<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>

	==== Copyright ~~'''~~law~~'''~~ ====		==== Copyright law ====
	<p class="p1">The <span class="s1">[https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act 98 of 1978]</span> protects literary, artistic, and musical works, as well as sound recordings, broadcast, and computer programs<span class="s1"> and original data bases </span>(“written tables and compilations”/Section 1 (1)(xxvii)(g)). The act was previously amended in 2002 and doesn’t explicitly address copyright issues in the field of TDM. However:<br></p>		<p class="p1">The <span class="s1">[https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act 98 of 1978]</span> protects literary, artistic, and musical works, as well as sound recordings, broadcast, and computer programs<span class="s1"> and original data bases </span>(“written tables and compilations”/Section 1 (1)(xxvii)(g)). The act was previously amended in 2002 and doesn’t explicitly address copyright issues in the field of TDM. However:<br></p>
	*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>		*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>

Plixavra: /* General Overview */

2025-11-28T11:17:31Z

General Overview

← Older revision		Revision as of 13:17, 28 November 2025
Line 252:		Line 252:

	=== South Africa ===		=== South Africa ===
	==== <span class="s1">General ~~'''~~Overview~~'''~~</span> ====		==== <span class="s1">General Overview</span> ====
	<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>		<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>

Plixavra: /* Policy Guiding instruments */

2025-11-28T11:17:12Z

Policy Guiding instruments

← Older revision		Revision as of 13:17, 28 November 2025
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	<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>		<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>

	==== <span class="s1">'''~~Policy~~ Guiding instruments'''</span> ====		==== <span class="s1">Policy '''Guiding instruments'''</span> ====
	<p class="p1">As a policy guiding instrument,''' '''South Africa’s department of communications and Digital Technologies published the <span class="s1">[https://africadataprotection.org/South-Africa-AI.pdf National Artificial Intelligence Policy Framework]</span>, that aims to promote integration of AI technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation (p.1):<br></p>		<p class="p1">As a policy guiding instrument,''' '''South Africa’s department of communications and Digital Technologies published the <span class="s1">[https://africadataprotection.org/South-Africa-AI.pdf National Artificial Intelligence Policy Framework]</span>, that aims to promote integration of AI technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation (p.1):<br></p>

	*<span class="s1"></span>It lists the strategic pillars necessary to support the policy’s goals, such as talent and capacity development, investment in digital infrastructure, research and innovation (p.9).		*<span class="s1"></span>It lists the strategic pillars necessary to support the policy’s goals, such as talent and capacity development, investment in digital infrastructure, research and innovation (p.9).
	*<p class="p1">It also contains Ethical guidelines to ensure responsible AI development and use, chiefly data governance rules and promotion of transparency and explainability of AI systems (clear, understandable outputs (p.11).</p>		*<p class="p1">It also contains Ethical guidelines to ensure responsible AI development and use, chiefly data governance rules and promotion of transparency and explainability of AI systems (clear, understandable outputs (p.11).</p>

	*<span class="s1"></span>Interestingly, the policy framework does not explicitly define what an AI system is, nor does it identify specific gaps in present legislation, and only offers vague acknowledgment that existing regulatory frameworks are outdated (p.7).		*<span class="s1"></span>Interestingly, the policy framework does not explicitly define what an AI system is, nor does it identify specific gaps in present legislation, and only offers vague acknowledgment that existing regulatory frameworks are outdated (p.7).

Plixavra: /* Contractual Clauses */

2025-11-28T11:16:57Z

Contractual Clauses

← Older revision		Revision as of 13:16, 28 November 2025
Line 262:		Line 262:
	<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>		<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>

	==== '''~~Contractual~~ Clauses''' ====		==== Contractual '''Clauses''' ====
	<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>		<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>

	==== <span class="s1">'''Policy Guiding instruments'''</span> ====		==== <span class="s1">'''Policy Guiding instruments'''</span> ====
	<p class="p1">As a policy guiding instrument,''' '''South Africa’s department of communications and Digital Technologies published the <span class="s1">[https://africadataprotection.org/South-Africa-AI.pdf National Artificial Intelligence Policy Framework]</span>, that aims to promote integration of AI technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation (p.1):<br></p>		<p class="p1">As a policy guiding instrument,''' '''South Africa’s department of communications and Digital Technologies published the <span class="s1">[https://africadataprotection.org/South-Africa-AI.pdf National Artificial Intelligence Policy Framework]</span>, that aims to promote integration of AI technologies to drive economic growth, enhance societal well-being, and position South Africa as a leader in AI innovation (p.1):<br></p>

Plixavra: /* Copyright law */

2025-11-28T11:16:46Z

← Older revision		Revision as of 13:16, 28 November 2025
Line 255:		Line 255:
	<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>		<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>

	==== '''~~Copyright~~ law''' ====		==== Copyright '''law''' ====
	<p class="p1">The <span class="s1">[https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act 98 of 1978]</span> protects literary, artistic, and musical works, as well as sound recordings, broadcast, and computer programs<span class="s1"> and original data bases </span>(“written tables and compilations”/Section 1 (1)(xxvii)(g)). The act was previously amended in 2002 and doesn’t explicitly address copyright issues in the field of TDM. However:<br></p>		<p class="p1">The <span class="s1">[https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act 98 of 1978]</span> protects literary, artistic, and musical works, as well as sound recordings, broadcast, and computer programs<span class="s1"> and original data bases </span>(“written tables and compilations”/Section 1 (1)(xxvii)(g)). The act was previously amended in 2002 and doesn’t explicitly address copyright issues in the field of TDM. However:<br></p>
			*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>

	*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>
	==== Data '''protection law''' ====		==== Data '''protection law''' ====
	<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>		<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>

Plixavra: /* Data protection law */

2025-11-28T11:16:32Z

Data protection law

← Older revision		Revision as of 13:16, 28 November 2025
Line 259:		Line 259:

	*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>		*<span class="s1"></span>'''Fair dealing exception:''' Currently, Section 12(1) of the Copyright Act has a closed and narrow list of exceptions (“fair dealing”) that include research or private study, reporting current events, as well as judicial. <span class="s2">The [https://www.gov.za/sites/default/files/gcis_document/201811/copyright-amendment-bill-b13b-2017.pdf Copyright Amendment Bill] (CAB)</span> passed by parliament in 2024, would potentially making certain forms of non-commercial TDM fall under fair dealing, by broadening its scope and explicitly adding additional exceptions, such as: scholarship teaching, education, preservation of archives, and ensuring proper performance of public administration. However the president of South Africa has <span class="s2">referred</span> the bill to the Constitutional court over concerns regarding constitutionality.  The amendment is still under review/not enforced.<br>
	==== '''~~Data~~ protection law''' ====		==== Data '''protection law''' ====
	<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>		<p class="p1">The [https://popia.co.za/category/popia/ Protection of Personal Information Act 4 of 2013] (POPIA) purpose is to give effect to South Africa’s constitutional right to privacy (<span class="s1">Section 2 (1)</span> POPIA). POPIA does not regulate TDM as such, but training and using AI systems on data bases containing personal data must comply with POPIA’s conditions, and certain high-impact automated decisions that will result from the trained system (“effecting users to a substantial degree”) are prohibited, unless user consent is given, or a contractual clause permits processing, or appropriate safeguards are put in place  (<span class="s1">Section 71 (2) POPIA</span>).<br><br></p>

	==== '''Contractual Clauses''' ====		==== '''Contractual Clauses''' ====
	<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>		<p class="p1">In the absence of tailored TDM regulation, besides copyright and data protection law, contractual clauses concerning TDM exceptions are the primary legal bases for engaging in TDM for AI training. Contractual clauses take form in the shape of licences, website terms and database agreements.<br><br></p>

Plixavra: /* General Overview */

2025-11-28T11:16:16Z

General Overview

← Older revision		Revision as of 13:16, 28 November 2025
Line 252:		Line 252:

	=== South Africa ===		=== South Africa ===
	==== <span class="s1">'''~~General~~ Overview'''</span> ====		==== <span class="s1">General '''Overview'''</span> ====
	<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>		<p class="p1">South Africa does not have an explicit legal framework dedicated to Text and Data Mining (TDM), or a comprehensive act concerning AI. South African has not case law, yet specifically on TDM for AI training. TDM in relation to AI training are regulated indirectly through copyright law, data protection law and contractual clauses:<br><br></p>

	==== '''Copyright law''' ====		==== '''Copyright law''' ====
	<p class="p1">The <span class="s1">[https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act 98 of 1978]</span> protects literary, artistic, and musical works, as well as sound recordings, broadcast, and computer programs<span class="s1"> and original data bases </span>(“written tables and compilations”/Section 1 (1)(xxvii)(g)). The act was previously amended in 2002 and doesn’t explicitly address copyright issues in the field of TDM. However:<br></p>		<p class="p1">The <span class="s1">[https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf Copyright Act 98 of 1978]</span> protects literary, artistic, and musical works, as well as sound recordings, broadcast, and computer programs<span class="s1"> and original data bases </span>(“written tables and compilations”/Section 1 (1)(xxvii)(g)). The act was previously amended in 2002 and doesn’t explicitly address copyright issues in the field of TDM. However:<br></p>