AI Defamation: Can You Sue Google for What Its AI Says About You?

Imagine searching for information about yourself online and discovering that an AI-powered chatbot has fabricated damaging and untrue statements about you. In an age where artificial intelligence is increasingly integrated into our daily lives, this scenario is becoming a real concern. With AI’s growing ability to generate human-like text, images, and videos, the question of liability for AI-generated defamation has become a hot topic. Can you sue Google or another AI provider for defamation if their AI makes false and harmful statements about you? The answer, as with many legal questions, is complex.

What is Defamation?

Defamation is a statement that injures a third party’s reputation. Under US law, defamation is generally divided into two categories: libel (written statements) and slander (spoken statements). To prove defamation, a plaintiff typically must show that the statement was false, was communicated to a third party, and caused harm to their reputation. Public figures face a higher burden, as they must also prove “actual malice” – that the statement was made with knowledge of its falsity or with reckless disregard for the truth.

AI and the Rise of Defamatory “Hallucinations”

AI models, like ChatGPT and Google’s Gemini, are trained on vast amounts of data to generate text, answer questions, and create content. However, these models are not infallible. They can sometimes produce inaccurate, misleading, or even completely fabricated information, often referred to as “hallucinations”. These hallucinations can lead to the publication of false statements that damage an individual’s or company’s reputation. For example, ChatGPT falsely accused a law professor of sexual harassment and an Australian mayor of having served time in prison for bribery.

Can You Sue for AI Defamation?

The question of whether you can sue for AI defamation is a novel one, and the legal landscape is still developing. Traditional defamation law assumes human agency, requiring a person to have published the defamatory statement with a certain state of mind. AI, however, operates based on algorithms and statistical patterns, raising questions about intent, foreseeability, and responsibility.

Several factors will likely be considered in determining liability for AI defamation:

The Role of Section 230: Section 230 of the Communications Decency Act generally protects online platforms from liability for content posted by third parties. However, it’s not clear whether this protection extends to AI-generated content. Some argue that because AI generates its own content, it should not be considered a third-party provider, and therefore, Section 230 should not apply.
The AI Provider’s Conduct: Courts may consider whether the AI provider took reasonable steps to prevent the generation of defamatory content. This could include implementing safeguards, providing warnings to users about the potential for inaccuracies, and promptly correcting false information when it is discovered.
The User’s Conduct: The user who prompted the AI to generate the defamatory content may also be held liable, particularly if they knew or should have known that the AI was likely to produce false information.
The Nature of the Statement: To be defamatory, a statement must be false and harmful to someone’s reputation. Statements of opinion are generally not defamatory, but a statement presented as fact can be defamatory even if it is disguised as an opinion.
“Hallucinations” and Disclaimers: AI platforms often include disclaimers stating that the content generated may be inaccurate. Courts may consider these disclaimers when determining whether a reasonable person would believe the AI-generated statement to be factual.

Who Can Be Sued?

If AI generates a defamatory statement, potential defendants could include:

The AI developer: The company that created the AI model could be held liable if it was negligent in the design or training of the AI, leading to the generation of defamatory content.
The AI user: The person who prompted the AI to generate the defamatory statement could be held liable if they knew or should have known that the AI was likely to produce false information.
The publisher: Anyone who publishes or disseminates the defamatory statement, such as by sharing it on social media, could be held liable.

Recent Cases and Legal Developments

Several defamation lawsuits have already been filed against AI companies. In Walters v. OpenAI, a radio host sued OpenAI after ChatGPT falsely stated that he had been sued for embezzlement. The court granted summary judgment in favor of OpenAI, finding that ChatGPT’s output was not defamatory as a matter of law and that Walters could not prove negligence or actual malice on the part of OpenAI. The court also noted that OpenAI meticulously warns users of the risks of “hallucination” and that a reasonable user would not interpret ChatGPT’s output as stating “actual facts”.

In another case, an Australian mayor threatened legal action against OpenAI after ChatGPT falsely claimed he had been imprisoned for bribery. The case was dropped after OpenAI updated ChatGPT to correct the false statements.

These cases highlight the challenges of applying traditional defamation law to AI-generated content and the importance of considering the specific facts and circumstances of each case.

Practical Advice

If you believe you have been defamed by AI-generated content, here are some steps you can take:

Document the Defamatory Statement: Take screenshots or save copies of the AI-generated content that you believe is defamatory.
Identify the Source: Determine which AI platform generated the content and who may have published or disseminated it.
Consult with an Attorney: Contact an attorney experienced in defamation law to discuss your legal options.
Consider a Cease and Desist Letter: Your attorney can send a cease and desist letter to the AI provider or publisher, demanding that they remove the defamatory content and refrain from publishing similar statements in the future.
Be Prepared to Take Legal Action: If the AI provider or publisher does not comply with your demands, you may need to file a lawsuit to protect your reputation.

The Future of AI Defamation Law

As AI technology continues to evolve, the legal framework surrounding AI defamation will likely continue to develop as well. Courts and legislatures will need to grapple with complex issues such as:

How to balance the First Amendment rights of AI providers with the need to protect individuals from defamation.
Whether to create new laws specifically addressing AI defamation or to adapt existing defamation laws to the AI context.
How to allocate liability among AI developers, users, and publishers.
What measures AI providers should be required to take to prevent the generation of defamatory content.

Conclusion

The rise of AI has created new challenges for defamation law. While it is not yet clear whether you can successfully sue Google or another AI provider for defamation, it is important to be aware of your legal rights and options. If you believe you have been defamed by AI-generated content, consult with an attorney to discuss your situation and determine the best course of action. As AI becomes more prevalent, it is crucial to establish clear legal guidelines to ensure accountability and protect individuals from the harm caused by false and defamatory statements.