In summary

  • Dr Terri Janke, a Wuthathi, Yadhaigana and Meriam woman, and an international authority on Indigenous cultural and intellectual property, delivered the 2024 Barak Wonga Oration

  • Hosted by the Moondani Toombadool Centre, the annual address is named after Aboriginal leaders, William Barak and Simon Wonga, and aims to advance understanding of Aboriginal and Torres Strait Islander issues in Australia

  • The theme of the address was navigating Indigenous cultural and intellectual property and copyright in the age of artificial intelligence

The introduction and rapid evolution of artificial intelligence is transforming industries and reshaping daily life around the world. This evolving landscape offers transformative opportunities but also poses significant risks to Indigenous culture, heritage and rights.

“For Indigenous people, it's not just about the advancement of technology, it's about whether these advancements are respectful and empower our cultures and don’t just turn them into commodities, where they're demeaned or marginalised,” Dr Terri Janke said.

Dr Janke is a proud Wuthathi, Yadhaigana, and Meriam woman and a leading expert on the intersections between Indigenous cultural and intellectual property (ICIP) and artificial intelligence (AI). She is the owner and Solicitor Director of 100 per cent Indigenous-owned legal and consulting firm, Terri Janke and Company. 

2024 Swinburne Annual Barak Wonga Oration

Dr Janke explained that, while AI can be used in positive ways to contribute to things like language revitalisation, land management, and health innovation, it often operates without the cultural or ethical grounding that Indigenous knowledge systems require.

Many AI tools are developed without Indigenous participation. This perpetuates systemic biases and risks harm through uninformed decision-making, particularly in areas like healthcare, education and the justice system. These biases can deepen existing inequalities and fail to respect cultural protocols or collective custodianship.

“I don't think AI is inherently good or bad… the question is, how will we use it? Will we allow it to deepen the wounds of colonisation, or will we harness it to empower Indigenous peoples and cultures?” Dr Janke asked.

ICIP encompasses a broad system of interconnected knowledge, from traditional ecological practices to stories, languages, and art. Unlike copyright, which focuses on individual authorship, ICIP is communal and tied to cultural heritage and Country. To protect these rights, Dr Janke emphasised the need for Indigenous data sovereignty—control over how Indigenous data is created, stored, shared and used. 

Exploring best practice

Dr Janke highlighted the importance of frameworks like the Maiam nayri Wingara Indigenous data sovereignty principles and the True Tracks® framework that she created for best-practice Indigenous engagement. The True Tracks® framework is made up of ten principles. These are respect, self-determination, consent & consultation, interpretation, cultural integrity, secrecy & privacy, attribution, benefit sharing, maintaining Indigenous culture, and recognition & protection.

Looking ahead, Dr Janke calls for leadership and collaboration across all sectors to ensure we can create systems that honour Indigenous knowledge and empower First Nations communities.

“As individuals, we all can play a role and demand transparency from the platforms that we use, support Indigenous led initiatives and advocate for ethical use of AI in the spheres that we influence,” Dr Janke said.  

“We can build systems that honour Indigenous knowledge, protect the rights of custodians and make amazing things. AI should not be used to erase culture. It should be used to elevate culture.”

Related articles