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AI Got No Dreaming: Defending Indigenous Rights in the Digital Age

  • TJC
  • Aug 11
  • 2 min read

Updated: Aug 14

11 August 25

By Dr Terri Janke


Every year, the 9th of August marks the International Day of the World’s Indigenous peoples. This year’s theme – AI: Defending Rights, Shaping Future – is becoming increasingly urgent as AI develops at an exponential pace.


In an interview with ABC’s Radio National’s Sally Sara (listen here), Dr Terri Janke highlighted the promise and peril of artificial intelligence for First Nations peoples. AI can preserve languages, share stories, and connect generations. But without safeguards, it risks accelerating cultural exploitation, erasing context, and deepening the digital divide.


Photo by Will Horner
Photo by Will Horner

For Indigenous Peoples, cultural knowledge is born from Country, language, and community, and carries responsibility. It is their Indigenous Cultural and Intellectual Property (ICIP). Yet AI systems are often built without Indigenous participation or consent, using and appropriating their images, art, and knowledge with no attribution or benefit-sharing. For example, in recent times, we have been witnessing rising cases of AI scraping from Indigenous art centres websites for AI-generated design – erasing the original First Nations artist’s name, altering the work, and undermining the cultural significance of the piece. This causes harm to Indigenous people and their cultures.


In the absence of specific laws, ICIP protocols should guide developers and deployers. But new, dedicated laws are also needed.


Indigenous Data Sovereignty returns the power to Indigenous Peoples, enabling them to determine how their data – stories, languages, and identities – are collected, used and shared. AI development must require Indigenous consultation at all stages to avoid perpetuating and amplifying a pattern of cultural erasure.


As Dr Janke told the ABC: ‘Technology should serve culture, not strip it for parts. AI has no Dreaming. It does not know Country, carry kinship, or hold the responsibilities that come with cultural knowledge.’


AI can be a powerful tool for cultural revitalisation and self-determination, and for Australian innovation. But when it comes to use of ICIP and Indigenous Data, the processes must be Indigenous-informed and Indigenous-led.


To learn more about safeguards, check out our blog "Keeping our Data Strong"

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© 2025, Terri Janke and Company

All professional photography by Jamie James at James Photographic Services, and Stephen Wilson Barker, and Presence Productions.​

The painting 'Terri - Butterfly Flowers Dreaming' by Bibi Barba has been used under license in the firm photographs, including for staff profiles.

The painting  'Ancient Tracks and Waterholes' (2019) by Rene Kulitja has been used under license in some firm photographs on the TJC website homepage, staff profiles, careers and services pages. Visit Maruku Arts for more work by Rene Kulitja.

The visual artwork ‘Freshwater Lagoon 1’ by Lisa Michl Ko-manggen has been used under license in some photographs and videos. Visit Cape York Art for more work by Ko-manggen.

The painting ‘My Country’ by Bibi Barba has been used under license in some photographs and Law Way videos. Visit Bibi's website.

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​Disclaimer: The information found on our Website and Blog is of a general nature and is not intended to be legal advice on specific matters. Although we attempt to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future. Contact us for advice on a specific matter.

CREDITS

Terri Janke and Company acknowledge the Traditional Owners of the lands on which we live and work.
We acknowledge the Bidjigal People, the custodians of the Country where our office is located.

We extend our respect to all Aboriginal and Torres Strait Islander peoples throughout Australia. We recognise their ongoing connection to land, sea and skies. We pay our respects to their knowledge, and to the Elders past and present.​

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