Imagine posting a photo on social media and another user deciding to alter the image to their liking at your expense. That was the reality for two women on popular social media platform X.

In one case, users dressed a woman in multiple digital outfits, a light-hearted edit that many brushed off as harmless fun. But in another, far more troubling instance, a woman posted a full-body image of herself in gym clothes, only for another user to use what appeared to be artificial intelligence (AI) tools to digitally undress her, placing her in a two-piece bathing suit. The caption read, “I know I’m not the only one with imagination.”

The post that has since been removed, quickly went viral, sparking outrage from users around the world, including many in Jamaica. While the incident involved a foreigner, it has raised serious questions about what would happen if a similar situation unfolded on Jamaican soil.

According to attorney-at-law and data privacy professional, O’Neil Corinaldie, Jamaica’s legal system is not yet equipped to fully address these emerging issues.

“When it comes down to content like that, they’re considered deep fakes, because the images are altered or modified using an AI system,” Corinaldie explained, adding “Our laws don’t adequately capture the use of deep fakes or similar scenarios.”

Corinaldie noted that existing legislation such as the Cybercrimes Act (Section 9) and the Obscene Publications Act could apply in some cases, particularly if an altered image is used to harass, distress or humiliate someone. However, these laws were not designed with modern AI tools in mind and offer limited protection.

“It baffles me every day,” he said. “Our laws are evolving to accommodate these new scenarios, but unfortunately, we still have a lot of catching up to do.”

Jamaica has established a National AI Task Force, which has issued about nine recommendations for developing a national AI policy. These plans are structured for short and long term goals with both the private and public sector in mind.

However, Corinaldie said that based on current timelines, a fully structured AI legal framework may not be in place until 2035.

Internationally, organisations like the United Nations Educational, Scientific and Cultural Organization (UNESCO) have published guiding principles on the ethical use of AI, including accountability for those who develop or deploy such systems. But these principles are voluntary, not legally binding.

In the United States for example, California Governor Gavin Newsom on Monday signed several bills aimed at cracking down on artificially generated pornography, requiring warning labels on social media websites, and the regulation of AI chatbots for minors, a first for many states in the country.

With legislation lagging behind technology, Corinaldie advised Jamaicans to be cautious about what they share online.

“In this digital age, we just have to be careful with the content we’re posting,” he said. “If you see that your image or likeness has been misused, then we take steps. Social media companies need to update their policies, for example, there are some images you can’t post on Instagram so X would need to update its policies. So my advice to AI developers should be to build in restrictions to prevent the creation of explicit/obscene deepfakes in the first place.”

He emphasised that the responsibility lies not only with individuals but also with developers and policymakers, who need to act faster to protect citizens.

“For example when you look at Google’s AI, Gemini, it will actually tell you it won’t produce certain content based on the restrictions placed on it. So that’s what ethical AI governance looks like and the responsibility and accountability aspect restricting the use of AI when producing content.”

Attorney-at-law and data privacy professional, O’Neil Corinaldie.