What is believed to be the first defamation lawsuit filed against OpenAI's generative AI chatbot ChatGPT raises questions about Section 230's application to the legal liability companies producing AI programs face when they produce false information.
ChatGPT owner OpenAI is facing a defamation lawsuit that could impact the legal definitions around the production of false information by AI programs and the application of Section 230 to their statements.
The issue spurned from the use of ChatGPT by journalist Fred Riehl while covering a legal complaint filed by the SAF against Washington attorney general Robert Ferguson in relation to an investigation by Ferguson’s office into SAF and other gun rights organizations. Riehl asked ChatGPT to summarize the legal filing and the result including multiple statements about Walters even though he wasn’t mentioned in SAF’s complaint.
Walters made no such request, choosing instead to sue for unspecified monetary damages. As law professor Eugene Volokh, who has written extensively about the legal liability of AI systems, explained in aHere, it doesn’t appear from the complaint that Walters put OpenAI on actual notice that ChatGPT was making false statements about him, and demanded that OpenAI stop that,” Volokh said.
An AI company, by making and distributing an AI program that creates false and reputation-damaging accusations out of text that entirely lacks such accusations, is surely ‘materially contribut[ing] to [the] alleged
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