SAPS issues warning on AI content: Jail time for unauthorised use of police badge

The South African Police Service has warned that using or distributing AI-generated content featuring the official police badge or uniform is a violation of the SAPS Act that carries a penalty of up to six months in prison.

Unauthorised use of the SAPS insignia can lead to serious legal consequences, the police service has warned, including six months' jail.

The warning comes as the service in Brakpan, Gauteng, tries to clamp down on the misuse of AI-generated content using the police’s official badge and emblem. 

SAPS said the police badge is a symbol of authority and public trust, and that misuse could confuse the general public. 

The warning comes after the SAPS in Brakpan noticed several AI-generated pieces of content with the SAPS badge circulating on various social media platforms. 

SAPS noted that using AI tools to create posters or videos with the police badge may seem harmless, but can be misinterpreted and misleading to the public. 

“This warning is part of the broader effort to prevent the misuse of AI-generated images that could mislead or deceive members of the public,” said SAPS Brakpan. 

The unlawful use of the SAPS badge or emblem includes impersonation of a police officer, unauthorised wearing of any SAPS insignia, including the official SAPS uniform, using AI to alter people’s faces to make them look like police officers, and creating AI images of police arrests. 

SAPS Brakpan also reminded police officers that they are also subject to social media rules and are restricted from unauthorised posting of images in uniform or displaying SAPS insignia on private accounts.

The SAPS noted that misusing the police badge directly contravenes the South African Police Service Act 68 of 1995. 

Section 68(3) of the Act states that anyone who uses the SAPS badge or name, or leads others to believe they are associated with the SAPS without the National Commissioner's approval, could be found guilty of an offence and, if convicted, could be handed a fine or a six-month direct imprisonment sentence. 

“Members of the public are urged to immediately report anyone seen using the SAPS badge or wearing the official SAPS uniform without authorisation to the nearest police station,” said SAPS. 

SAPS Free State issued a similar notice earlier this year. The police department noted that creating AI-generated content using the SAPS insignia was not an immediate offence, but distributing such unauthorised content could lead to an arrest. 

Police will first assess whether the content was created to deceive or impersonate an officer before deciding whether to take action.