AI and Indigenous Cultural Sovereignty: Legal Protection against Algorithmic Extraction of Community Knowledge in Lesotho

Abstract

Artificial Intelligence (AI) has revolutionised the creation, preservation and dissemination of knowledge, creating unique possibilities in terms of cultural documentation and creativity. However, the use of AI increasingly depends on massive data extraction efforts that include indigenous community knowledge without their free, prior and informed consent, hence undermining the cultural sovereignty of the indigenous community. In Lesotho, where the Basotho ethnic group has rich customary knowledge related to traditional medicine, folklore, oral tradition, agriculture and cultural expressions, the lack of a legal framework for the regulation of algorithmic extraction places communities at risk of cultural misappropriation and digital exploitation. This study assesses the adequacy of the legal protection of indigenous community knowledge from algorithmic extraction by artificial intelligence in Lesotho. By using doctrinal legal research, this study evaluates relevant constitutional provisions, intellectual property laws, customary law, international human rights instruments and scholarly literature on the subject matter. The findings of this study reveal that the current legal framework inadequately acknowledges the existence of collective property and digital rights over indigenous community knowledge.