The judge found that labels attributing a post as 'false' or 'misleading' can't be defamatory.
Fact-checking on social media gave rise to a new flavor of libel suit in which a person alleges defamation when a post is labeled as false but, just as fast as they were filed, they’re getting tossed out of court. The most recent dismissal came on Tuesday when a federal judge ruled thatdoesn’t have to face a lawsuit from TV journalist John Stossel, who sued over labels attached to his videos about the 2020 California wildfires and climate change.
U.S. District Judge Virginia DeMarchi found that Facebook couldn’t have defamed Stossel because its fact-check program “reflects a subjective judgment about the accuracy and reliability of assertions” made in the content that’s been checked. “Simply because the process by which content is assessed and a label applied is called a ‘fact-check’ does not mean that the assessment itself is an actionable statement of objective fact,” reads the order.
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