Moreover, with the exponential growth in technology, more and more young people now have access to these technologies, including the internet and, recently, artificial intelligence systems such as ChatGPT. However, with increased access to this emerging technology, young people also bear greater responsibility in how they use it.
Rising concerns over AI and academic integrity
Recently, the widespread availability of AI technology has led to a rise in allegations of cheating and plagiarism among students in schools and universities. In 2024, UNISA, South Africa’s largest open distance learning University, confirmed that about 1456 students were involved in disciplinary hearings for alleged plagiarism, and the use of AI tools such as ChatGPT to complete assignments and exams. What risk does this bear, one may ask? At an institutional level, being found guilty of plagiarism can also damage a student’s academic integrity record or conduct report.
Beyond academics: The growing threat of cybercrime
Other risks of greater access to these technologies involve cyber-crime and posts on social media. On 23 May 2025, a KwaZulu-Natal man, who forged pornographic images of President Cyril Ramaphosa, Bheki Cele, and other senior government officials, was sentenced to five years direct imprisonment. The charges related to cyber forgery, cyber uttering and the unlawful disclosure of intimate images. After the judgment, the regional spokesperson for the National Prosecuting Authority advised the public to use technology with caution and with due regard for the consequences.
Legal responsibility: Humans behind the AI
Put differently, it is not to say that because AI generated the images, you will not be held responsible. Our law, as it currently stands, takes into cognisance that AI currently lacks the capacity for independent thought or intent, which are crucial elements in determining whether an offence can be considered a crime. For as long as there is a human prompt or instruction provided to the AI system, that person remains the primary actor and bears the ultimate legal responsibility for the output, particularly when such output is unlawful. AI is merely a tool, an extension of the user’s intent.
The human element: Accountability in the age of AI
Whether an image is meticulously crafted in Photoshop or rapidly produced by an AI algorithm, the legal focus remains on the human action – the decision to create, disseminate, or cause harm with the manipulated image. The source of the image’s creation (manual or AI-assisted) does not absolve the individual who initiated or directed its unlawful use from the consequences. The recent KZN judgment serves as a stern reminder that the law will trace the intent and actions back to the human agent, regardless of the technological intermediary employed.
After all, with great power comes not just great responsibility, but also the chance to create lasting positive change.
Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).
