Okay, now, Kikutuko, sorry.

The question is, are states capable to effectively regulate the danger of deep fakes?

And can we ever trust in internet pictures or information as evidence?

Thank you very much for the question.

So my response to the first part of the question, are states capable to effectively regulate

the danger of deep fakes?

I will say yes, states can regulate the effects, the dangers of deep fakes.

But the deep fake technology itself, it may not be easy to regulate because as a technology

based on artificial intelligence, it advances very fast.

We had chat GPT and now it is GPT4, I don't know if it's 5 or 6.

So it advances at very fast speeds.

So regulating the technology itself may not be possible.

It may not be a feasible possibility.

But then the negative effects can be regulated.

And this can be done through enacting laws that criminalize those negative effects.

For example, in Kenya, we have the constitution.

The constitution provides for the freedom of expression.

This means that as a creative or as an individual, you are free to create any kind of videos

or photographs or information, post it out there.

It is your freedom to express yourself.

But then the same article of the constitution criminalizes expressions that could be negative

in the sense that they constitute hate speech, they are discriminatory against other people

based on gender, religion or any other ground.

So you find that this is one of the, I would call it a legislation that regulates the negative

effects of deep fakes.

The other law that we have in Kenya is the Penal Code.

The Penal Code is the app that provides for various crimes and their punishments, for

example, if I may say so.

So for example, under the Penal Code, it is an offense to circulate information that you

know very well is not true.

If this information causes people to panic, it causes people to have anxiety.

So it is not allowed.

So this is one of the ways in which the negative effects of deep fakes can be regulated.

And we have several other laws.

We have the Data Protection Act.

We have the Copyright Act, which regulates or which provides for moral rights in the

sense that as a creative, I may have, I have the right to object to my creative work being

mutilated by, you know, being somebody maybe adding an effect on it or changing the characters

in it.

So I have that right.

And it means that therefore the negative effects of deep fakes can be carved in that.

Going to the second part of the question, whether we can ever trust the Internet pictures or

information as evidence.

This one, in this day and age, if I were a judge, I would be very, very careful before I

take any evidence presented to me if it is based on some digital, some digital source,

because based on the fact that we have a lot of images or videos that are being created

using this AI technology, deep fakes, then it may not be possible to really know whether

this event or this information that is being depicted in this video or in this document

is authentic or not.

And I will give an example of a South African case some time back, I think it was in 2013,