AI VOICE CLONING - WHEN IT'S NOT YOUR VOICE

Article by:  Cape Town Attorney: Nicolene Schoeman-Louw

AI-powered voice cloning has moved from science fiction to reality, almost overnight. From deepfakes mimicking celebrities to cloned customer service voices, this rapidly advancing technology raises serious legal and ethical concerns.

What Is Voice Cloning?

Voice cloning uses artificial intelligence (AI) and machine learning to create synthetic versions of a person’s voice. With just a few seconds of audio, advanced tools can now generate highly realistic imitations. This technology can be used for:

• Entertainment and marketing
• Voiceovers and localisation
• Personal assistants and customer service
• Criminal activities like scams and identity theft

With increasing accessibility, however, the risk of misuse grows, particularly in fraud, defamation, impersonation, and consent violations.

Applicable Laws

While there is no single statute that directly addresses AI voice cloning, several existing laws indirectly apply:

1. Protection of Personal Information Act 4 of 2013 (“POPIA”)
Voice data may be classified as biometric information under POPIA. Using someone's voice without their informed consent may amount to the unlawful processing of personal information.

• Section 26 prohibits processing special personal information (which includes biometric data) unless specific exceptions apply.
• Consent is key—without it, voice cloning would be reportable as an unlawful processing of personal information by the information regulator.

2. Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)

• Section 77 provides for the issuing of take-down notices for unlawful content. If a cloned voice is used in a published deepfake or online content, victims may invoke this section to demand removal from platforms.
• Misleading use of cloned voices could also violate the Act’s prohibitions on unlawful interception of data (depending on how the sample voice was procured) and deceptive or fraudulent electronic communications.

3. Common Law Doctrines: Defamation and Passing Off
Using someone’s voice without permission—especially to endorse a product, imitate them in a misleading context, or fabricate statements—could lead to:

• Defamation claims arise if the impersonation damages the person’s reputation.
• Passing off if the cloned voice is used to impersonate a brand ambassador or individual, misleading the public and damaging goodwill.

4. Criminal Law: Impersonation and Fraud
Using AI voice cloning to impersonate another person (e.g., in a phone call to a bank or family member) could amount to:

• Fraud is used to gain access to funds or confidential information.
• Impersonation is a criminal offence under common law.
• Potential cybercrime charges, particularly under the Cybercrimes Act.

Best Practices for Individuals and Businesses

1. Consent and Disclosure: Never use someone’s voice or likeness without their explicit consent—even internally.
2. Review Contracts: Update employment and influencer agreements to include clauses regarding the use of AI and voice/image rights.
3. Due Diligence: Exercise caution when receiving voice-based requests for payments or instructions, especially in high-level communications.
4. Cybersecurity Training: Educate teams on the risks of voice cloning and how to verify identities.
5. Policy Development: Companies should adopt internal policies that address the ethical use of AI, including voice technology.

Conclusion

Dedicated legislation on AI-generated content—including voice and image—will be critical in protecting rights and ensuring accountability. In June 2025, Denmark became the first country to give individuals the right to copyright their own facial features and voice. Under this proposed law, any unauthorised use of a person's likeness through generative AI, particularly for the creation of deepfakes, would be considered a direct copyright infringement. In South Africa, until we see further reform, businesses must tread carefully and proactively update their compliance, IP, and privacy frameworks.

If you are interested in more information, see our interview on the Expresso Show: https://youtu.be/zxk8bZxxmpI

At SchoemanLaw Inc., we help businesses and individuals future-proof themselves by staying ahead of these emerging legal challenges. If you are unsure whether your current contracts, policies, or digital practices comply with evolving laws on AI and data, let us talk.

For more information, please visit our website schoemanlaw.co.za or give us a call on 021 425 5604