AI Regulation in Libya (African Union)

There is, at present, no specified regulatory framework concerning Artificial Intelligence in Libya as it is currently at a very nascent stage of developing appropriate AI regulations and strategies in the country, as in most African nations.  Many countries across Africa are on the road to developing their own AI strategies, where the African Union is working on a continental AI strategy that nearly every African nation, including Libya, is likely to subsequently adopt. To attain such harmony, AI has to be developed in such a way as to accord with ethics and pay dividends to socio-economic growth on the continent.

The general approach regarding the regulation of AI for Africa is influenced by the international models, into which the European Union AI Act currently falls but, the adoption and adaption of each country into these regulations would vary based on its necessity and capability​. AI regulation in Libya remains fragmentary and slow, as the country is battling continuous political instability and governance challenges and unlike some African countries which have either developed or began to speak about formal AI policies or frameworks, Libya does not have yet an overall relevant AI regulatory framework.

In the year 2023, Libya showed greater interest in AI, especially through the Ministry of Economy and Trade in Tripoli and the formation of the Artificial Intelligence Committee in August 2023 was a pragmatic step in considering the potential of AI in terms of improving economic and institutional performance. Provisions, however, are still under discussion on how to use the mechanisms of this study to employ artificial intelligence in various fields.

The development of AI regulation and data protection in Libya are closely correlated, both being in their cradle and reflecting the broader challenges in establishing robust governance frameworks within the country. AI is a relatively recent area of interest that Libya has started exploring, especially through the efforts of the Ministry of Economy and Trade through talks held back in 2023 and the talks are focused on how Artificial Intelligence can eventually improve the performance economically and institutionally, but no comprehensive regulating framework for AI exists to this day. In the same breath, data protection laws in Libya are underdeveloped and probably the most important steps in this sphere are the laws of cybercrime and electronic transactions, in 2022, that cover a few parts of data protection, but far from a comprehensive legal framework.

A common shortcoming in both areas is the lack of a focused regulatory authority where the National Authority for Information Security and Safety helps to wield some oversight, especially in as far as data protection is concerned, but its scope is limited, especially in the private sector. Discussions on AI are not yet translated into laws or establishing a regulating entity and this lack of specific oversight is a part of broader challenges for Libya in modernizing its legal systems, particularly in fast-evolving fields of technology and data governance.

It is only of late that the country seems to be in the process of addressing the defects in anything over data protection and privacy matters by way of legislation. As such, in 2022, Libya developed two laws: Law No. 5/2022 on Combating Cybercrime and Law No. 6/2022 on Electronic Transactions which represent a real step toward enabling a suitable legislative framework for data protection, but they are still deficient in covering all related issues to data privacy in the contemporary world.

The 2011 Libyan Constitution contains provisions on privacy, but its tilt seems more in securing secrecy to communications than in comprehensive data protection. The National Information Security and Safety Authority is responsible for protecting information, particularly in the public sector but It does not have obligatory policies on the private sector.

However, with this effort, there lacks a solid authority to protect data or even legal definitions and protections like those in other jurisdictions with the likes of GDPR in Europe.