In an era where technology intertwines with daily life, AI emerges as a double-edged sword, cutting through the fabric of society with both promise and peril. As AI reshapes industries, it also casts a long shadow over fundamental human rights and ethical business practices. Consider the tale of a facial recognition system inaccurately flagging an innocent individual as a criminal suspect – and worse still, flagging individuals based on racial biases. Such instances underscore the urgent need for vigilance and responsibility in the age of AI.

The AI revolution and the rule of law

AI technologies are reshaping the legal landscape, introducing novel forms of digital evidence and altering traditional concepts of the rule of law. Courts worldwide grapple with the admissibility of AI-generated evidence, while law enforcement agencies increasingly rely on facial recognition and predictive policing tools, raising profound concerns about fairness, transparency, and accountability. The erosion of legal protections and standards in the face of AI’s opaque algorithms threatens the very foundation of justice, emphasising the need for regulatory frameworks that keep pace with technological advances.

The transformative power of AI in the legal domain is both fascinating and alarming. With the increasing spread of fake news, elections can be marred by misinformation, disinformation, and hate speech. AI advances can be key in orchestrating verification campaigns, as a pilot project conducted by the United Nations Development Programme in Zambia’s 2021 elections showed. In the United States, the use of AI in predictive policing and sentencing algorithms has sparked debate over fairness and bias. Studies, such as the 2016 ProPublica report, have highlighted how algorithms can inherit and amplify racial biases, challenging the very notion of impartial justice.

These issues underscore the necessity for legal systems worldwide to adapt and ensure AI technologies uphold the highest standards of equity, accuracy and transparency.

Intersectionality of AI and human rights

The impact of AI on human rights is far-reaching, affecting everything from freedom of expression to the right to privacy. For instance, social media algorithms can amplify or suppress certain viewpoints, while automated decision-making systems can deny individuals access to essential services based on biased data. Automated content moderation systems on social media platforms can also inadvertently silence marginalised voices, impacting freedom of speech. The deployment of mass surveillance technologies in countries like China similarly raises severe privacy concerns, illustrating the global need for AI governance that respects and protects individual rights.

These examples highlight the critical need for AI systems that are designed and deployed with a deep understanding of their human rights implications. Ensuring that AI technologies respect and promote human rights requires a concerted effort from developers, policymakers, and civil society.

Closer to home, the issue of digital and socioeconomic divides further complicates the intersectionality of AI and human rights. AI-driven solutions in healthcare and agriculture, for example, have shown immense potential to bridge socio-economic gaps. The balance between leveraging AI for societal benefits whilst protecting individual rights is a delicate one, necessitating nuanced governance frameworks.

Whilst these frameworks are still nascent in many jurisdictions around the world, the United Nations has prioritised efforts to secure the promotion, protection and enjoyment of human rights on the Internet. In 2021, the United Nations Human Rights Council adopted the UN resolution on the promotion, protection and enjoyment of human rights on the Internet, which resolution was heralded as a milestone and recognises that all of the rights people have offline must also be protected online.

This resolution came off the back of other UN resolutions, specifically condemning any measure to prevent or disrupt access to the internet and recognising the importance of access to information and privacy online for the realisation of the right to freedom of expression and to hold opinions without interference.

In 2023, the United Nations High Commissioner for Human Rights, Volker Türk, said the digital world was still in its early days. Around the world, more children and young people than ever before are online, either at home or at school, but depending on birthplace, not everyone has this chance.

The digital divide means a staggering 2.2 billion children and young people under 25 around the globe still do not have access to the Internet at home. They are being left behind, unable to access education and training, or news and information that could help protect their health, safety and rights. There is also a gap between girls and boys in terms of access to the Internet. He concluded by saying “It may be time to reinforce universal access to the Internet as a human right, and not just a privilege”.

Corporate responsibility in the AI era

For corporations in South Africa, Africa, and globally, AI introduces new risk areas that must be navigated with caution and responsibility. General Counsel, the world over, are required to investigate and implement strategies around issues of privacy, data protection, and non-discrimination which are paramount, as the misuse of AI can lead to significant reputational damage and legal liabilities. Corporations must adopt ethical AI frameworks and corporate social responsibility initiatives that prioritise human rights, demonstrating a commitment to responsible business practices in the digital age.

Corporations stand at the frontline of the AI revolution, bearing the responsibility to wield this powerful tool ethically. Google’s Project Maven, a collaboration with the Pentagon to enhance drone targeting through AI, faced internal and public backlash, leading to the establishment of AI ethics principles by the company. This example demonstrates the importance of corporate accountability and the potential repercussions of neglecting ethical considerations in AI deployment. It also highlights that influential corporations hold a significant level of leverage in their environments. This leverage should be used to progress respect for human rights across the value chain.

The challenge of regulation

Regulating AI presents a formidable challenge, particularly in Africa, where socio-economic and resource constraints are significant. The rapid pace of AI development often outstrips the ability of regulatory frameworks to adapt, leaving gaps that can be exploited to the detriment of society. Moreover, regulatory developments in the Global North often set precedents that may not be suitable for the African context, highlighting the need for regulations that are inclusive, contextually relevant, and capable of protecting citizens’ rights while fostering innovation.

The fast-paced evolution of AI technology poses a significant challenge to regulators, especially in the African context, where resources and expertise in technology governance are often limited. The European Union’s General Data Protection Regulation (GDPR) serves as a pioneering model for embedding principles of privacy and data protection in technology use, offering valuable lessons for African nations in crafting their regulatory responses to AI.

Towards a sustainable future

The path towards a sustainable future, where AI benefits humanity while safeguarding human rights, requires collaboration among businesses, regulators, and civil society. Stakeholders must work together to develop and implement guidelines and standards that ensure AI technologies are used ethically and responsibly. Highlighting examples of responsible AI use, such as initiatives that provide equitable access to technology or projects that leverage AI for social good, can inspire others to follow suit.

Collaboration is key to harnessing AI’s potential while safeguarding human rights and ethical standards. Initiatives like the Partnership on AI, which brings together tech giants, non-profits, and academics to study and formulate best practices on AI technologies, exemplify how collective action can lead to responsible AI development and use.

As AI and related technologies continue to transform our world, we must not lose sight of the human values that define us. The intersection of AI, business, and human rights presents complex challenges but also opportunities for positive change, not only for governments but for corporations too. By fostering ongoing dialogue and cooperation among all stakeholders, we can shape a future where technology serves humanity’s best interests, ensuring that the digital age is marked by innovation, equity, and respect for human rights. Corporate governance frameworks will need to adapt in response to these advances.

As Africa navigates the complexities of AI integration, the journey must be undertaken, byte by byte, with a steadfast commitment to ethical principles and human rights. The continent’s diverse tapestry of cultures and histories offers unique insights into responsible AI governance. By prioritising transparency, accountability, and inclusivity, African governments and corporations can lead the way in demonstrating how technology, guided by human values, can be a powerful tool for positive change. In the digital age, the fusion of innovation and ethics will define Africa’s trajectory, ensuring that AI becomes a catalyst for empowerment rather than a source of division.

Authors:

• Pooja Dela-Cron is a Partner at Webber Wentzel
• Paula-Ann Novotny is a Senior Associate at Webber Wentzel

It’s no surprise, then, that innovation is taking a back seat, ultimately impacting productivity, employee happiness, and even global economic growth.

As one might expect, artificial intelligence (AI) could be the solution workers are looking for. While AI has so far not shown itself to be ready for prime time, the next generation of artificial intelligence systems is set to become “co-pilots”, working alongside humans to help with digital fatigue and to re-ignite innovation.

It is hoped by the big players that are at the forefront of AI development that organisations that embrace AI will not only unlock their employees’ creativity but also see a surge in productivity, ushering in a new era of innovation and economic growth.

To prepare leaders and businesses for the AI-driven future, Microsoft surveyed 31,000 respondents in 31 countries. This data, combined with insights from Microsoft 365 productivity signals and LinkedIn’s Economic Graph, offers three crucial insights for business leaders navigating the adoption of AI.

Insight 1: Digital debt hinders innovation

“Digital debt” is a term used to encapsulate the relentless flow of data, emails, meetings, and notifications that are crippling innovation. Overwhelming workloads are preventing employees from dedicating time and energy to being creative. An alarming 64% of individuals admit to struggling with the time and energy required to perform their jobs. This struggle is closely linked to difficulties in fostering innovation and strategic thinking, as highlighted by those who struggle with innovation being 3.5 times more likely to be grappling with digital debt.

Leaders aren’t immune to these challenges either, with 60% expressing concerns about the lack of innovation or groundbreaking ideas within their teams. In a world where creativity drives productivity, digital debt is not merely an inconvenience but a substantial barrier to business success.

The erosion of uninterrupted focus time is particularly alarming, with 68% of respondents claiming not to have enough time during the workday to concentrate on important tasks. The average employee dedicates a staggering 57% of their time to emails and meetings, and only 43% to creative tasks. Here, Microsoft believes artificial intelligence has the potential to restore the balance by freeing up time and energy for innovation, a key driver of productivity.

The data from Microsoft’s survey clearly highlights “inefficient meetings” as the number one productivity disruptor. Artificial intelligence can transform meetings into digital artifacts, allowing employees to engage with them as and when they need to, and in so doing enhance their productivity while reducing the amount of productive time wasted.

Insight 2: The Emergence of the AI-employee alliance

Despite concerns about AI replacing jobs, an unexpected revelation emerges from the data: employees are more eager to leverage artificial intelligence to alleviate their workload than they fear losing their jobs to AI. While 49% express concerns about job displacement by AI, the survey found that 70% are eager to delegate tasks to AI to reduce their workloads.

This shift in perspective is encapsulated by organisational psychology professor Adam Grant, who notes, “It’s fascinating that people are more excited about AI rescuing them from burnout than they are worried about it eliminating their jobs.” Employees across various domains are open to artificial assistance, not only for administrative tasks but also for analytical and creative work.

AI’s potential to enhance creativity is especially noteworthy, with employees recognising its value in generating ideas and editing work. The survey data reveals that the more familiar workers become with AI, the more they appreciate its potential to aid meaningful aspects of their jobs. For instance, 87% of highly AI-familiar workers in creative roles express comfort in using the technology for creative tasks.

Insight 3: Every Employee Needs AI Aptitude

As AI evolves into a co-pilot, a new way of working is taking shape, which means AI aptitude is becoming less “nice to have” and more “have to have” among employees. This aptitude involves working seamlessly alongside AI while employing natural language and applies not only to technical roles but to every employee.

Critical thinking, analytical judgment, complex problem solving, and creativity are emerging as core competencies. The survey revealed that leaders believe employees must learn to harness AI, formulate effective prompts, evaluate creative work, and identify and rectify bias. As AI transforms work patterns, human-AI collaboration becomes pivotal, making the ability to work with AI a critical skill.

However, the survey also showed that the pace of learning needs to catch up to work demands, with 60% of respondents asserting they lack the necessary capabilities for their current roles. It is clear that leaders must equip employees with the skills needed to thrive in an AI-powered future.

The future of artificial intelligence in business

AI is poised to relieve work burdens by easing workers’ digital debt and helping them get back to innovation. Microsoft says the transition to this AI-driven era is overdue for both overwhelmed employees and leaders seeking heightened productivity.

However, it is also essential to recognise that AI will not simply alter the current state of work but will usher in an entirely new way of working. To fully capitalise on the AI-employee alliance, businesses must guide employees in harnessing AI responsibly, ultimately leading to greater value creation and a more fulfilling future of work for all. Provided, of course, that everything goes according to plan.

Image by Mike McKenzie