Posting AI images with the SAPS badge? You could face 6 months in jail
SAPS warns that making or sharing AI-generated posters, photos or videos with the police badge or uniform can break the SAPS Act, with a fine or up to six months in prison. Here's what's covered and how to report misuse.
Making or sharing AI-generated posters, photos or videos that use the SAPS badge or uniform can land you a fine or up to six months in prison, police in Brakpan, Gauteng, have warned. They say they've spotted several AI images carrying the police badge doing the rounds on social media (IOL).
The police say these posts can look harmless but can mislead people into thinking something is official, and they want anyone using the badge or uniform without permission reported to the nearest police station (IOL).
What exactly is SAPS warning against?
According to SAPS Brakpan, unlawful use of the badge or emblem includes (IOL):
- pretending to be a police officer
- wearing any SAPS insignia or the uniform without authorisation
- using AI to change someone's face so they look like a police officer
- creating AI images of police making arrests
Police officers aren't off the hook either. The station reminded members that they may not post pictures of themselves in uniform, or show SAPS insignia, on private accounts without authorisation (IOL).
Which laws apply, and what are the penalties?
The warning relies on the South African Police Service Act 68 of 1995. Section 68(3) makes it an offence to use any name, title or symbol that suggests an activity is linked to SAPS without the National Commissioner's approval (SAPS Act s68).
| Offence | Law | Maximum penalty |
|---|---|---|
| Using a SAPS name or symbol to suggest a link to the police, without approval | SAPS Act section 68(3) | Fine or 6 months in prison |
| Wearing the SAPS uniform, badge or button, or anything that looks like it, without permission | SAPS Act section 66(1) | Fine or 6 months in prison |
| Pretending to be a police officer | SAPS Act section 68(1) | Fine or 2 years in prison |
| Unauthorised use of the registered SAPS badge | Heraldry Act | Fine of up to R1,000 and a criminal record |
Sources: SAPS Act section 68, SAPS Act section 66, Minister of Police reply to Parliament.
The badge was registered with the Bureau of Heraldry on 31 October 1995, which is why the Heraldry Act also protects it (PMG).
Is just making an AI image a crime?
Not automatically, going by an earlier SAPS notice. SAPS in the Free State said this year that creating AI content with police insignia was not an immediate offence, but distributing it could lead to arrest. Police first look at whether the content was made to deceive people or impersonate an officer before acting (IOL).
In practice, the risk is in posting and sharing. A fake "arrest" picture or a poster dressed up as an official SAPS notice is the kind of content police are targeting.
This isn't new territory for SAPS. In an earlier statement it said a civilian filmed in a marked police vehicle wearing a SAPS cap had committed at least three offences under sections 66(1), 68(1) and 68(3) of the Act (SA Government).
How do you report misuse of the SAPS badge?
Go to your nearest police station, SAPS says (IOL). For brand misuse online, the Minister of Police told Parliament that a written complaint can go to SAPS Corporate Communication and Liaison with (PMG):
- the place, date and time
- screenshots or images of the misuse
- links, web addresses or usernames of the account involved
- an affidavit, where possible
- your contact details
FAQ
Can I go to jail for posting an AI image with the SAPS badge?
Yes. SAPS says using the badge or uniform without the National Commissioner's approval breaks section 68(3) of the SAPS Act, which carries a fine or up to six months in prison.
Is it illegal to create an AI picture of myself as a police officer?
SAPS in the Free State said creating such content is not an immediate offence, but distributing it could lead to arrest. Police first check whether it was meant to deceive or impersonate an officer.
What is the penalty for pretending to be a police officer?
Under section 68(1) of the SAPS Act, pretending to be a member of the police carries a fine or up to two years in prison.
Where do I report someone misusing the SAPS badge or uniform?
Report it at your nearest police station. For online misuse, a written complaint with screenshots, links and your contact details can go to SAPS Corporate Communication and Liaison.