Responsible AI Governance in Africa: Prospects for Outcomes Based Regulation

The imperative for responsible Artificial Intelligence (AI) governance is becoming increasingly evident as advances in AI technology and the relevance of these technologies in tackling various global challenges continue to unravel. This paper explores the model of outcomes-based regulation as a governance framework for fostering responsible AI practices. Drawing on a review of legal and technological perspectives, this paper investigates the implications of outcomes-based regulation on the development and deployment of AI-based systems in Africa. The paper explores the role of regulatory bodies, corporate actors, and public participation in shaping and enforcing outcomes-based AI regulation at a national and transnational level in Africa. Through an analysis of emerging AI regulatory frameworks globally, this paper analyses the design of outcomes-based AI regulation and the need to embrace a flexible and adaptive regulatory approach that is centred on sustainable and inclusive development. Finally, this paper addresses opportunities for governments to consider AI regulation that involves a clear definition of the outcomes (the what) while the regulated institutions participate actively in designing the means to achieve the outcome (the how).