Regulating AI: The global challenge of balancing innovation and safety

By Onome Amuge.

As generative AI becomes more advanced, global regulators are grappling with how to regulate the technology. There is a tension between authorities and the tech sector, which is fueled by differences in opinion on how to address the various ethical and legal challenges associated with AI.

There are a few major disagreements when it comes to the regulation of AI. These include How open-source communities develop AI models and who is responsible or accountable throughout the supply chain, particularly with regard to the data used to train large language models.

The introduction of ChatGPT, a language model developed by OpenAI, has brought AI to the forefront of public consciousness. However, this has raised concerns about how data is used to train AI models and whether the law applies to AI-generated outputs like text or images

These uncertainties and ambiguities have created roadblocks for organisations looking to adopt AI technologies. In some cases, technology companies have even put their own innovations on hold out of concern that new regulations may limit their development.

If every country sets its own rules for AI, this could lead to further fragmentation of the global digital market. To address this risk, the need for a global framework for AI regulation has never been more urgent. This is because AI can be used to spread misinformation, create job losses, and produce bias.

The UN has warned that AI poses significant challenges, including gender and ethnic bias, threats to privacy and dignity, and dangers of mass surveillance.

John Marshall, the executive director of the World Ethical Data Foundation, emphasized the need for a culture of responsibility at all levels of organizations. Companies should also understand the potential consequences of their technologies.

Nigeria’s existing laws cover some aspects of AI, but there are questions about their ability to effectively address the challenges posed by AI. This raises the question of whether new legislation is needed to specifically address AI, or whether the existing laws are sufficient.

Leading Nigerian law firm, Olisa Agbakoba Legal (OAL) argues thatAI’s emergence poses significant challenges to the rule of law, fundamental rights protection, and the integrity of Nigeria’s judicial system.

“The implications of AI in the judicial system are profound, and it is important to preserve the core principles of the rule of law, anchored in fundamental rights.

Precise guidelines and regulations are needed to effectively navigate the transformative landscape of AI, with a clear role for AI systems in the judicial sector,” it stated.

According to OAL, Nigeria has demonstrated its readiness to establish a framework encompassing the study, creation, implementation, coordination, and oversight of AI systems as catalysts for transformative agendas spanning employment generation, economic expansion, and governmental transparency.

The law firm therefore underscored the imperative for the Nigerian government and law enforcement to closely monitor AI’s impact on the nation’s legal, economic, social, and judicial structures.

“The unforeseen utilization of AI and digital technologies has rendered Nigerians’ personal data susceptible to misuse or illicit exploitation. Pertinent concerns like algorithmic bias, privacy erosion, opacity in AI deployment, and the challenge of cultivating trust and comprehension among Nigerians regarding AI must all be accorded due consideration by the government,” it stated.

Given the gravity of the situation, OAL called for the development of an AI policy rooted in respect for human rights, upholding Nigeria’s democratic ideals and constitutional requisites, while simultaneously addressing the socioeconomic needs and aspirations of its populace.

The law firm also advocated the enactment of an AI strategy that places paramount importance on ethical data acquisition and utilization from the outset to  catalyze genuine transformation, fostering a robust AI ecosystem in Nigeria characterized by the promotion and safeguarding of human rights.