María Luque, an illustrator based in Argentina, discovered that only artists in Europe were given the option to opt out of Meta's plans to use their publicly shared posts on Instagram and Facebook for AI training.
Artists in Spanish-speaking Latin America, where regulations and privacy laws surrounding AI are obsolete or absent, have raised concerns about the future of their work. While many LATAM artists rely on social media to promote their art, potential leaks to Meta's AI models raise questions about copyright and potential appropriation of their creations.
Agneris Sampieri, a Latin America policy analyst at digital rights group Access Now, criticized the discriminatory approach taken by social media platforms, “Instead of adopting broader protection measures for all, these platforms discriminate based on location”.
While European artists can protect their content, Latin American artists have no access to the opt-out choice. This kind of different treatment raises questions about fairness and the need for consistent safeguard measures across all regions.
Impact on Latin American Artists' Work and Income
Latin American artists fear that AI models fed with their high-quality material are replacing their work. This vulnerability is particularly concerning for artists who have spent years perfecting their technique and building their creative portfolios.
In response to Meta's practices, some Latin American artists have migrated to alternative social platforms like Cara, an artist-run platform.
However, many artists find it challenging to abandon Instagram due to the absence of their clients on alternative platforms. Navigating the complexities of Instagram's world is already a daunting task for small and emerging artists, making migration less feasible.
Legal and Regulatory Landscape in Latin America
Countries in Latin America have different approaches to data protection. Some countries, like Bolivia and Paraguay, lack general data protection laws, while others, including Argentina, Chile, Colombia, Peru, Mexico, and Costa Rica, have outdated laws that have not been updated since at least 2012.
Recommendations for Strengthening Data Protection
To address the challenges faced by Latin American artists and protect their content, experts suggest strengthening data protection laws rather than drafting new AI-specific legislation. By strengthening existing data protection laws, governments can provide enhanced safeguards for their citizens' online content.
Efforts are underway in some Latin American countries to update their data protection laws. Chile, for instance, is considering the establishment of a personal data protection agency, which would require specific consent for the use of personal data to train generative AI models.