For an explanation of how to read this resource, please refer to the guide at the bottom.
AI Regulation
In 2018, the ‘Mauritius Artificial Intelligence Strategy’ (the “AI Strategy”) was launched.1
It is also reported that the Mauritius AI Council was established in 2019, with 15 members, and that it developed the ‘Mauritius AI Ethics Framework’ (the “AI Ethics Framework”).2 This framework is described as consisting of principles designed to guide the development and adoption of AI.3
In June 2021, the Mauritius Financial Services Commission released the Financial Services (Robotic and Artificial Intelligence Enabled Advisory Services) Rules 2021.4 These sector-specific AI rules aim to create a regulatory framework and promote the use of new technologies by licensed service providers in Mauritius.5 Under the rules, license holders can provide advisory services using AI-enabled algorithms and expert systems with minimal human involvement.6
Definitions of AI
While the AI Strategy does not establish a formal definition of AI, it offers two classifications of AI as follows:
Narrow AI: Also known as “Weak” AI, it is the form of AI that is more prevalent in the world today. It is AI that is programmed to perform a single task, which could be checking the weather, playing games, translation, or analyzing raw data to write reports. It is not conscious, sentient, or driven by emotion and operates within a pre-determined, pre-defined range. Examples include Google Assistant, Google Translate, Siri and other natural language processing tools.
General AI: Also known as “Strong” AI, it refers to machines that exhibit human intelligence, and is capable of performing any intellectual task that a human being can. However, unlike humans, they cannot think abstractly, strategize, and tap into our thoughts and memories to make informed decisions or come up with creative ideas. Such AI should be able to reason, solve problems, make judgements under uncertainty, plan, learn, integrate prior knowledge in decision-making, and be innovative, imaginative and creative.
Core Principles
It is reported that the AI Ethics Framework outlines principles which include the following: (i) Fairness; (ii) Openness, (iii) Privacy, and (iv) Responsibility in AI systems.7
Public Consultations
During development of the AI Strategy, the Mauritius Emerging Technologies Council published a call for public input.8
Existing Legal Framework
A non-exhaustive list of regulations that might affect AI in the country includes:
- Constitution of Mauritius9
- Digital Mauritius 203010
- National ICT Policy 2007-11,11 dated September 2007
- National Information & Communication Technology Strategic Plan (NICTSP) 2011–2014: Towards I-Mauritius12
- e-Government Strategy 2013-201713
- Digital Government Transformation Strategy 2018-202214
- National Broadband Policy 2012-2020 (NBP2012)15
- National Open Data Policy, dated May 201716
- Cybercrime Strategy 2017-201917
- National Cybersecurity Strategy 2023-202618
- Information and Communication Technologies Act 200119
- Electronic Transactions Act (Act No. 23 of 2000)20
- Data Protection Act 2017 (Act No. 20 of 2017)21
- Cybersecurity and Cybercrime Act (Act No. 16 of 2021)22
- The Consumer Protection (Price and Supplies Control) Act 1998, as subsequently amended23
Human Rights
The UDHR was adopted by the UN General Assembly on 10 December 1948. Its principles are considered universal and applicable to all UN member states. As a member of the UN, Mauritius has committed to upholding the principles of the UDHR. The Constitution of Mauritius includes provisions that protect fundamental human rights.24 Articles 3 and 9 guarantee the right to privacy (protection of the home and other property, protection from search of the person or their property, and protection from entry on their premises by others). Other protections include the rights to non-discrimination (Articles 3 and 16), life (Articles 3 and 4), and freedom of expression (Articles 3 and 12). Mauritius has ratified several key international human rights instruments, including the ACHPR, ICCPR, and ICESCR. Additionally, the country has ratified the Malabo Convention.
Regulators
A non-exhaustive list of regulators that might impact AI in the country includes:
- Ministry of Information Technology, Communication and Innovation (MITCI)25
- Information and Communication Technologies Authority (ICTA)26
- Mauritius Digital Promotion Agency (formerly National Computer Board) (MDPA)27
- Data Protection Office (DPO)28
- Computer Emergency Response Team of Mauritius (CERT-MU)29
- Mauritius Standards Bureau (MSB)30
- Ministry of Commerce and Consumer Protection (MCCP)31
- National Human Rights Commission (NHRC)32
- Office of the Ombudsman33
R&D and Multi-Stakeholder Initiatives
Based on publicly available information, we have not found evidence of significant investments or multi-stakeholder initiatives on AI within the country.
Professional/Industry Associations
The Mauritius Information Technology Industry Association (MITIA) is an association with a broad scope that could include AI.34
Advisory Bodies and Expert Groups
The Working Group on Artificial Intelligence was formed to develop an AI strategy for the country. Composed of members including representatives of ministries, other State-affiliated entities, and the University of Mauritius, its efforts culminated in the AI Strategy document.
The Mauritius AI Council was created in 2019 and comprises 15 persons from various sectors, including government, industry, academia, and civil society.35 The AI Strategy, developed before the council's formation, outlines that the role of an AI council includes facilitating AI project implementation. Now established, the council is credited for creating the Mauritius AI Ethics Framework.36
The Mauritius Emerging Technologies Council (METC)37 is a parastatal entity established to lead the country into an era of new technologies. Its areas of focus include AI, among others.38
Guide
- AI Regulation: The term "regulation", as used in this resource, encompasses measures ranging from binding laws to national AI policies and strategies, government proposals, advisory guidelines, and industry standards that address AI systems and their implications.
- Existing Legal Framework: This section outlines the relevant legal framework, excluding any AI-specific regulations presented in the initial section.
- Human Rights: The following terms have the stated meanings: "ACHPR" means the African Charter on Human and Peoples’ Rights, "ICCPR" means the International Covenant on Civil and Political Rights, "ICESCR" means the International Covenant on Economic, Social and Cultural Rights, "Malabo Convention" means the African Union Convention on Cyber Security and Personal Data Protection, "UDHR" means the Universal Declaration of Human Rights, and "UN" means the United Nations. Any reference to an “Article” or “Section” of the Constitution is to the version of the Constitution referenced herein.
- Advisory Bodies and Expert Groups: This section excludes legislative and parliamentary committees.
