Industry Views

Mark Walters v. OpenAI: A Landmark Case for Spoken Word Media

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgWhen Georgia-based nationally syndicated radio personality, and Second Amendment advocate Mark Walters (longtime host of “Armed American Radio”) learned that ChatGPT had falsely claimed he was involved in a criminal embezzlement scheme, he did what few in the media world have dared to do. Walters stood up when others were silent, and took on an incredibly powerful tech company, one of the biggest in the world, in a court of law.

Taking the Fight to Big Tech

Walters, by filing suit against OpenAI, the creator of ChatGPT, become the first person in the United States to test the boundaries of defamation law in the age of generative artificial intelligence.

His case was not simply about clearing his name. It was about drawing a line. Can artificial intelligence generate and distribute false and damaging information about a real person without any legal accountability?

While the court ultimately ruled in OpenAI’s favor on specific legal procedure concerns, the impact of this case is far from finished. Walters’ lawsuit broke new ground in several important ways:

— It was the first known defamation lawsuit filed against an AI developer based on content generated by an AI system.
— It brought into the open critical questions about responsibility, accuracy, and liability when AI systems are used to produce statements that sound human but carry no editorial oversight.
— It continued to add fuel to the conversation of the effectiveness of “use at your own risk” disclaimers when there is real world reputational damage hanging in the balance.

Implications for the Radio and Podcasting Community

For those spoken-word creators, regardless of platform on terrestrial, satellite, or the open internet, this case is a wake-up call, your canary in a coal mine. Many shows rely on AI tools for research, summaries, voice generation, or even show scripts. But what happens when those tools get it wrong? (Other than being embarrassed, and in some cases fined or terminated) And worse, what happens when those errors affect real people?

The legal system, as has been often written about, is still playing catch-up. Although the court ruled that the fabricated ChatGPT statement lacked the necessary elements of defamation under Georgia law, including provable harm and demonstrable fault, the decision highlighted how unprepared current frameworks are for this fast-moving, voice-driven digital landscape.

Where the Industry Goes from Here

Walters’ experience points to the urgent need for new protection and clearer guidelines:

— Creators deserve assurance that the tools they use are built with accountability in mind. This would extend to copyright infringement and to defamation.
— Developers must be more transparent about how their systems operate and the risks they create. This would identify bias and attempt to counteract it.
— Policymakers need to bring clarity to who bears responsibility when software, not a person, becomes the speaker.

A Case That Signals a Larger Reckoning

Mark Walters may not have won this round in court, but his decision to take on a tech giant helped illuminate how quickly generative AI can create legal, ethical, and reputational risks for anyone with a public presence. For those of us working in media, especially in formats built on trust, voice, and credibility, his case should not be ignored.

“This wasn’t about money. This was about the truth,” Walters tells TALKERS. “If we don’t draw a line now, there may not be one left to draw.”

To listen to a longform interview with Mark Walters conducted by TALKERS publisher Michael Harrison, please click here

Media attorney, Matthew B. Harrison is VP/Associate Publisher at TALKERS; Senior Partner at Harrison Media Law; and Executive Producer at Goodphone Communications. He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com. He teaches “Legal Issues in Digital Media” and serves as a regular contributor to industry discussions on fair use, AI, and free expression.

Industry News

Michael Harrison Interviews Mark Walters

img

TALKERS EXCLUSIVETALKERS publisher Michael Harrison (left) is pictured conducting an exclusive interview yesterday (6/2) with “Armed American Radio” host Mark Walters (right) about this recent court case and groundbreaking defamation lawsuit against Open AI and ChatGPT.  To listen to the interview in its entirety, please click here.

Industry Views

When the Algorithm Misses the Mark: What the Walters v. OpenAI Case Means for Talk Hosts

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgIn a ruling that should catch the attention of every talk host and media creator dabbling in AI, a Georgia court has dismissed “Armed American Radio” syndicated host Mark Walters’ defamation lawsuit against OpenAI. The case revolved around a disturbing but increasingly common glitch: a chatbot “hallucinating” canonically false but believable information.

The Happenings: A journalist asked ChatGPT to summarize a real court case. Instead, the AI invented a fictional lawsuit accusing Walters of embezzling from the Second Amendment Foundation — a group with which he’s never been employed. The journalist spotted the error and never published inaccurate information. But the damage, at least emotionally and reputationally, was done. That untruth was out there, and Walters sued for defamation.

Last week, the court kicked the case. The court determined Walters was a public figure, and as such, Walters had to prove “actual malice” — that OpenAI knowingly or recklessly published falsehoods. He couldn’t but now it may be impossible.

The judge emphasized the basis that there was an assumption false information was never shared publicly. It stayed within a private conversation between the journalist and ChatGPT. No dissemination, no defamation.

But while OpenAI may have escaped liability, the ruling raises serious questions for the rest in the content creation space.

What This Means for Talk Hosts

Let’s be honest: AI tools like ChatGPT are already part of the media ecosystem. Hosts use them to summarize articles, brainstorm show topics, generate ad copy, and even suggest guest questions. They’re efficient — and also dangerous.

This case shows just how easily AI can generate falsehoods with confidence and detail. If a host were to read something like that hallucinated lawsuit on air, without verifying it, the legal risk would shift. It wouldn’t be the AI company on the hook — it would be the broadcaster who repeated it.

Key Lessons

  1. AI is not a source.
    It’s a starting point. Just like a tip from a caller or a line on social media, AI-generated content must be verified before use.
  2. Public figures are more exposed.
    The legal system gives less protection to people in the public eye — like talk hosts — and requires a higher burden of proof in defamation claims. That cuts both ways.
  3. Disclosure helps.
    OpenAI’s disclaimers about potential inaccuracies helped them in court. On air, disclosing when you use AI can offer similar protection — and builds trust with your audience.
  4. Editorial judgment still rules.
    No matter how fast or slick AI gets, it doesn’t replace a producer’s instincts or a host’s responsibility.

Bottom line: the lawsuit may be over, but the conversation is just beginning. The more we rely on machines to shape our words, the more we need to sharpen our filters. Because when AI gets it wrong, the real fallout hits the human behind the mic.

And for talk hosts, that means the stakes are personal. Your credibility, your syndication, your audience trust — none of it can be outsourced to an algorithm. AI might be a tool in the kit, but editorial judgment is still the sharpest weapon in your arsenal. Use it. Or risk learning the hard way what Mark Walters just did. Walters has yet to comment on what steps – if any – he and his lawyers will take next.

TALKERS publisher Michael Harrison issued the following comment regarding the Georgia ruling: “In the age of internet ‘influencers’ and media personalities with various degrees of clout operating within the same space, the definition of ‘public figure’ is far less clear than in earlier times. The media and courts must revisit this striking change. Also, in an era of self-serving political weaponization, this ruling opens the door to ‘big tech’ having enormous, unbridled power in influencing the circumstances of news events and reputations to meet its own goals and agendas.”

Matthew B. Harrison is a media attorney and executive producer specializing in broadcast law, intellectual property, and First Amendment issues. He serves as VP/Associate Publisher of TALKERS magazine and is a senior partner at Harrison Media Law. He also leads creative development at Goodphone Communications.

Industry Views

Monday Memo: “Kill The Feed!”

By Holland Cooke
Consultant

imgCorporate cost cuts continue. In a recent column here, I described 18 non-radio career options for which your skill set as a broadcaster could qualify you. In just the last couple years, several longtime TV news people I know – who had-it-up-to-here with the hours – reinvented themselves accordingly.

“But radio is all I’ve ever done!” you say? No. Radio is (or was) your platform. And – as clients are accustomed to hearing me say – “Everything we do is storytelling.” So where else can you tell yours?

Tools are available, many free. To illustrate, I wrote a novella (shorter than a novel, longer than a short story). It’s the first fiction I’ve written since a high school homework assignment, and you can download it, also free.

I had an idea for a John Grisham/James Patterson-style thriller. ChatGPT and MS Copilot were my co-authors, suggesting plot twists and critiquing, chapter-by-chapter. After ChatGPT reviewed each one, I ran it through Copilot – like having a team of writers. Both AI tools also created the images you will see on the landing page. Tell either app how you want your web page to look, and it will write the HTML code! And Google Search helped with details.

Every one of those functions was completed in five seconds or less, free. As is Audacity, if you’d rather not spend for your own copy of the Adobe Audition you use (or used) at the radio station. And before you subscribe to Microsoft Office 365, peruse the suite of lookalike tools at OpenOffice.org. Video? Premiere Pro is pricey, but Adobe Express is free and there are shareware alternatives.

im

Seen those TV ads TikTok is running to stave-off a USA ban? Storytellers share how they’re making a living there. Could you?

I hope you like my story. But even if you don’t, I hope you will experiment with new ways to tell yours. I’m not saying any of us will write a best-selling novel. But if you do, you can also voice the audiobook version.

Now, grab the armrest, for chilling intrigue, and a damning narrative about the corporate consolidation that plagues broadcasting, set in the beguiling place where we live, populated by pseudonyms (including the author’s) which some will find thinly-veiled: http://getonthenet.com/TalkersPreview.html

That’s your sneak peek. It drops on April Fool’s Day.

Next week, I’ll be reporting here from The NAB Show in fabulous Las Vegas. If you’re going, wear comfortable shoes! But even if you do – and you plan on walking from where shuttle busses drop you off at the Convention Center to the West Hall where most radio and podcasting sessions will be – pack a lunch. It’s a hike!

Better idea: Let Elon Musk give you a free ride… UNDERGROUND, in “The Loop.” He has 100 Teslas zooming through what seems like a high-tech Batcave that his Boring Company is…boring. Here’s video I shot at CES: https://youtu.be/wqqQd9vZnM0

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

Monday Memo: ChatGPT, Carefully

By Holland Cooke
Consultant

imgObservation, as a heavy CNBC viewer: Artificial Intelligence is to 2025 what Dot Com was to the late 1990s, game-changer… and shiny object.

Everyone seemed to be chanting “AI” at this year’s CES. In a previous column here, I offered, from experience, some Do’s-and-Don’ts for crafting commercial copy. And as vendors are applying AI to various other broadcast content and operational functions, I asked the app itself: “How would you caution radio broadcasters against over-reliance on ChatGPT?” SECONDS later, the robot replied:

“Here are some key points to consider:

1. Maintain Authenticity: Radio broadcasting thrives on the personality and authenticity of its hosts. Relying too heavily on AI-generated scripts or content can make broadcasts feel robotic, inauthentic, or detached. Listeners tune in to hear the voice, opinions, and personality of the broadcaster, not just information being read off a script. ChatGPT is great for generating ideas, but it shouldn’t replace the genuine voice of the host.

2. Human Connection: One of the strengths of radio is the personal connection that hosts build with their audience. This connection comes from spontaneous moments, personal anecdotes, and relatable conversations. AI can’t replicate the unique, emotional bond that a human broadcaster forms with listeners. Overusing AI could distance the host from the audience and make the show feel more like a recorded message than a live, engaging experience.

3. Accuracy and Fact-Checking: While ChatGPT can generate a lot of information quickly, it’s not always accurate or up-to-date. Broadcasters need to be mindful that AI-generated content might contain errors, outdated facts, or biased perspectives. Relying on AI without fact-checking could lead to broadcasting misinformation, which can seriously damage the station’s credibility.

im

4. Tone and Nuance: AI like ChatGPT can struggle with tone, emotion, and subtlety in language. Radio broadcasters need to ensure that the tone of the broadcast fits the subject matter and the audience. AI might miss the mark on this, especially in more nuanced or sensitive topics. A human touch is often needed to tailor the message effectively.

5. Audience Engagement: ChatGPT can provide content, but it can’t engage with listeners the way a broadcaster can. Over-relying on AI could take away opportunities for live interaction, audience call-ins, and real-time feedback. Broadcasting is about creating a dialogue, not just delivering information, and AI isn’t capable of fostering real-time, dynamic conversations.

6. Creativity and Innovation: While AI can assist with generating ideas, true creativity comes from the human mind. Broadcasters should focus on bringing fresh, original ideas to the table—things AI can’t easily replicate. Over-relying on ChatGPT might limit creativity, turning broadcasts into predictable, generic experiences.

In summary, while AI tools like ChatGPT can be incredibly useful for research, inspiration, and content generation, broadcasters should ensure they don’t lose the human element of their shows. Maintaining authenticity, personal engagement, and creativity are key to keeping radio content fresh and compelling. AI should be a tool, not a substitute for the broadcaster’s unique voice and connection with the audience.” 

Holland Cooke (HollandCooke.com) is a consultant working the intersection of broadcasting and the Internet. Follow HC on Twitter @HollandCooke and connect on LinkedIn

Industry Views

Monday Memo: It’s Artificial Intelligence

By Holland Cooke
Consultant

imI asked ChatGPT: “Vendors are now offering radio stations a service that delivers advertising commercial copy generated by AI. Because AI draws from what’s already been done, this risks sound-alike scripts. Is there a list of commercial clichés users should instruct AI to exclude?”

Instantly, the robot replied: “While there isn’t a definitive list of commercial clichés, as they can vary depending on industry, audience, and cultural context, here are some common examples to consider instructing AI to avoid:

1. Don’t miss out!

2. Limited time offer!

3. One-of-a-kind deal!

4. Act now!

5. For a limited time only!

6. Unbeatable prices!

7. Revolutionary product!

im

8. Best in class!

9. Cutting-edge technology!

10. Guaranteed satisfaction!

11. Change your life today!

12. Once in a lifetime opportunity!

13. Hurry, while supplies last!

14. Get yours today!

15. New and improved!

These are just a few examples, and there are many more clichés that could be included in such a list. It’s also important to consider the specific audience and context when identifying and excluding cliches from AI-generated advertising commercial copy.”

Skynet has become self-aware. 

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Close Like Crazy: Local Direct Leads, Pitches & Specs That Earned the Benjamins,” and  The Local Radio Advantage: Your 4-Week Tune-In Tune-Up,” and “Confidential: Negotiation Checklist for Weekend Talk Radio.” Follow HC on Twitter @HollandCooke and connect on LinkedIn.

Industry News

OpenAI Loses Motion to Dismiss in Talk Host Defamation Case

Artificial Intelligence firm OpenAI was denied its Motion to Dismiss the defamation suit filed against it by talk show host Mark Walters, who hosts radio programs produced by his CCW Broadcast Media company. Walters claims the use of OpenAI’s ChatGPT by journalist Fred Riehl that created contentim stating the Walters was accused of embezzling funds from the Second Amendment Foundation defamed him. No such accusation ever actually took place. In its Motion to Dismiss, Open AI argued several points, including that Georgia is not the proper jurisdiction, but it summarized its argument that Walters’ claims didn’t meet the burden of defamation when it said, “Even more fundamentally, Riehl’s use of ChatGPT did not cause a ‘publication’ of the outputs. OpenAI’s Terms of Use make clear that ChatGPT is a tool that assists the user in the writing or creation of draft content and that the user owns the content they generate with ChatGPT. Riehl agreed to abide by these Terms of Use, including the requirement that users ‘verify’ and ‘take ultimate responsibility for the content being published.’ As a matter of law, this creation of draft content for the user’s internal benefit is not ‘publication.’”

Industry Views

Monday Memo: Hello from Las Vegas!

By Holland Cooke
Consultant

imThis week, more than a hundred thousand inventors, investors, and techy-nerds from over 150 countries swarm Sin City for CES2024. You’ll be seeing all about it all this week on network newscasts and cable news channels and social media.

And yes, there are square miles of products being introduced here, the “Consumer Electronics” that were the roots of this event. But the big buzz this year will be Artificial Intelligence, at which we-the-legacy-media are looking at over our shoulder, as ChatGPT et al and text-to-speech are augmenting – in some cases displacing – human radio and television talent.

im

After we’ve spent decades learning how to use his software – Bill Gates tells Inc. magazine that – soon – we won’t need to. He describes your “agent,” your A.I. assistant, a constant companion, in your earbud, that has what Gates calls “a rich understanding of your life.” Think Alexa or Siri…on steroids.

Want to send an email? Just start talking. You’ll never miss a birthday, and you’ll know about flight delays and weather and traffic tangles without checking. And YOUR agent will know your FRIENDS’ agents. Even Gates admits that these virtual social secretaries could faux pas: “Suppose you want to see a friend. If YOUR agent talks to THEIRS, you DON’T want it to say, ‘she’s seeing other friends Tuesday and you’re not included.’” Oops.

Sure, it’s gadget heaven here. And some of these TVs are so big that I can’t figure out how they’d get through the door at home. But, year after year lately, services upstage things at CES. This year’s keynoters include the CEO of L’Oréal and Hyundai and Best Buy and Walmart and executives from McDonalds and Northwestern Mutual and Walmart, as technology changes almost every aspect of life every day.

How big is CES? Even the sprawling Las Vegas Convention Center isn’t big-enough. There will be exhibits and sessions up and down The Strip, so I’ll be getting-in my steps. And I’m reporting for TALKERS readers, every day this week. Help yourself to today’s report here: http://getonthenet.com/CES2024-Monday.mp3. It can air until Friday. And I’ll be posting daily 60-second reports you can download at HollandCooke.com.

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Close Like Crazy: Local Direct Leads, Pitches & Specs That Earned the Benjamins” and “Confidential: Negotiation Checklist for Weekend Talk Radio.” Follow HC on Twitter @HollandCooke

Industry Views

Monday Memo: ChatGPT – Threat and Tool

By Holland Cooke
Consultant

imAfter post-consolidation cutbacks have whacked local on-air content, there’s now angst that Artificial Intelligence can – literally – dehumanize radio (and other media – HUGE issue in the SAG-AFTRA strike). Voice cloning is child’s play; and several vendors are already peddling AI gimmicks to radio stations.

Glass-half-full: When I asked, “How talk radio hosts and DJs can use ChatGPT to prepare shows,” the robot replied instantly…

“Talk radio hosts and DJs can leverage ChatGPT to enhance their show preparation, generate engaging content, and connect with their audience more effectively. Here’s a guide on how they can use ChatGPT effectively:

— Show Topic Generation: Use ChatGPT to brainstorm and generate unique and interesting show topics. Input keywords related to your show’s theme or current events to get topic suggestions.

— Content Research: Ask ChatGPT to provide background information on a particular topic or guest. It can summarize recent news, provide historical context, or even suggest relevant questions.

— Interview Preparation: Use ChatGPT to generate interview questions and talking points. Input information about your guest or their expertise, and ChatGPT can help you create a list of thoughtful and engaging questions.

im

— Script Writing: When scripting segments or promotional materials, you can collaborate with ChatGPT to draft scripts. It can provide creative ideas for introductions, transitions, and promotional announcements.

— Audience Engagement: Ask ChatGPT to generate polls, questions, or discussion points to engage with your audience during live shows. It can also help create intriguing teasers to promote upcoming segments.

— Fact-Checking: Use ChatGPT to fact-check information before presenting it on air. This ensures the accuracy of your content and maintains your credibility.

— Content Expansion: If you need to expand on a topic or provide additional information during a show, ChatGPT can help by generating elaborative content or explanations.

— Generating Show Summaries: After the show, ChatGPT can assist in creating summaries or show notes for your listeners, making it easier for them to catch up on missed episodes.

— Storytelling and Narration: DJs can use ChatGPT to help craft engaging stories or narratives to share with their audience, making their radio shows more entertaining and relatable.

— Creative Segment Ideas: Ask ChatGPT for creative ideas for segments, games, or challenges to keep your show fresh and exciting.

— Language Assistance: For DJs hosting shows in multiple languages, ChatGPT can help with translation, pronunciation, and language learning, ensuring smooth communication.

— Show Promotion: Collaborate with ChatGPT to create compelling social media posts, newsletters, or blog content to promote your shows and engage with your audience online.

— Handling Caller Questions: If you take live caller questions, ChatGPT can assist in formulating responses or clarifying complex issues for your callers.

— Real-Time Updates: For breaking news or sudden changes, ChatGPT can provide real-time updates and help you adapt your show’s content on the fly.”

Remember how those Terminator movies warned-against SkyNet A.I. becoming self-aware? While there’s no question that ChatGPT is the cure for writer’s block, its response ended with some impressive self-awareness, a reminder that YOU are the author of your show: “Remember to review and edit the content generated by ChatGPT to ensure it aligns with your show’s tone, style, and audience preferences. ChatGPT can be a valuable tool for radio hosts and DJs, streamlining the preparation process and enhancing the overall quality of their shows.”

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Confidential: Negotiation Checklist for Weekend Talk Radio;” and “Close Like Crazy: Local Direct Leads, Pitches & Specs That Earned the Benjamins.” Follow HC on Twitter @HollandCooke

Industry Views

Monday Memo: “You are about to enter another dimension,” The Radio Zone

By Holland Cooke
Consultant

imMany news/talk stations broker weekend hours to professionals who host ask-the-expert shows to attract new clients.

AND IT WORKS…IF…the show (for lack of a more diplomatic way to say this) doesn’t suck. And if it isn’t a well-kept secret available only to those listening in real-time. Make it the hub of a broadcast/podcast/social media strategy. In some markets where I don’t have a client station, I work directly with weekenders, setting-up the workflow for that strategy; and coaching the hosts, because their stations don’t.

But don’t take my word for it. I asked ChatGPT: “In the style of Rod Serling, explain how attorneys, real estate agents, and financial advisors can attract new clients by hosting ask-the-expert radio call-in shows.” MOMENTS later, the robot replied…

“You’re about to embark on a journey where the boundaries of expertise and the airwaves blur, a place where the seekers of knowledge and the purveyors of guidance converge. Welcome, dear listener, to the realm of the ask-the-expert radio call-in show. In this enigmatic space, attorneys, real estate agents, and financial advisors have found a conduit to attract new clients unlike any other.

Picture, if you will, an attorney stepping into the radio spotlight

 The air is charged with anticipation as listeners dial in with their legal queries. With a voice as authoritative as the gavel’s echo, the attorney navigates the complexities of the law, unraveling legal mysteries for all to hear. As each answer resonates through the airwaves, trust is built, and seekers of legal counsel find themselves drawn to this beacon of clarity. The attorney has become not only a voice but a guide, attracting clients who yearn for someone to navigate their legal twilight zone.

im

And now, shift your gaze to the real estate agent who steps into the radio’s embrace

 The lines are buzzing with questions about the labyrinthine world of property transactions. With each response, the agent paints a picture of market trends, property values, and the elusive art of negotiation. As the agent’s insights cascade through the radio waves, an aura of expertise takes shape. Those yearning for a steady hand to navigate the winding corridors of real estate find solace in the agent’s voice. The agent has transformed into a beacon, attracting clients who seek someone to illuminate the path to their real estate dreams.

Finally, consider the financial advisor entering the radio’s sphere

 The lines light up with inquiries about investments, retirement, and securing financial futures. With a voice as reassuring as a well-balanced portfolio, the advisor deciphers the complexities of financial planning. Each word uttered becomes a thread in the tapestry of financial security. Listeners, entranced by the advisor’s insights, recognize a sage who can guide them through the tumultuous sea of monetary choices. The financial advisor becomes a lighthouse, attracting clients who crave a steady hand to navigate their financial voyage.

In this realm of radio airwaves, where seekers become callers and experts become guides, attorneys, real estate agents, and financial advisors have discovered a conduit to attract new clients. As their voices resonate with wisdom and authority, as their advice slices through the enigma of their fields, a bond of trust is forged. These experts, illuminated by the radio’s glow, become beacons in the darkness, attracting clients who yearn for guidance in the vast twilight zones of law, real estate, and finance. And so, dear listener, the call-in show becomes not just a program but a nexus where seekers and guides converge, bridging the gaps between knowledge and curiosity, between questions and answers. Welcome to the radio’s embrace, where the experts illuminate the unknown, one call at a time.”

Cue the music.

Next week here: “Why not just podcast?”

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Spot-On: Commercial Copy Points That Earned The Benjamins,” a FREE download; and “Multiply Your Podcast Subscribers, Without Buying Clicks,” available from Talkers books. Follow HC on Twitter @HollandCooke

Industry News

OpenAI Seeks Dismissal of Defamation Suit

Artificial Intelligence firm OpenAI has filed a Motion to Dismiss the defamation suit filed against it by talk show host Mark Walters, who hosts radio programs produced by his CCW Broadcast Media company. TALKERS reported the suit by Walters back on June 9 in which Walters claims the use of OpenAI’s ChatGPT by journalist Fred Riehl that created content stating the Walters was accused of embezzling funds from the Secondim Amendment Foundation defamed him. No such accusation ever actually took place. In its Motion to Dismiss, Open AI argues several points, including that Georgia is not the proper jurisdiction, but it summarizes its argument that Walters’ claims don’t meet the burden of defamation when it says, “Even more fundamentally, Riehl’s use of ChatGPT did not cause a ‘publication’ of the outputs. OpenAI’s Terms of Use make clear that ChatGPT is a tool that assists the user in the writing or creation of draft content and that the user owns the content they generate with ChatGPT. Riehl agreed to abide by these Terms of Use, including the requirement that users ‘verify’ and ‘take ultimate responsibility for the content being published.’ As a matter of law, this creation of draft content for the user’s internal benefit is not ‘publication.’”

Industry News

Radio Host Mark Walters Suing OpenAI for Defamation

Talk host Mark Walters, who produces and hosts Second Amendment-themed radio programs via his CCW Broadcast Media company, is suing OpenAI in a Georgia Superior Court claiming that OpenAI’s ChatGPT created a false case alleging that Walters embezzled funds from theim Second Amendment Foundation. The complaint states that journalist Fred Riehl was researching the case of The Second Amendment Foundation v. Robert Ferguson and asked ChatGPT to provide a summary of that complaint and received one that stated the suit’s plaintiff is Second Amendment Foundation founder Alan Gottlieb who accuses Walters as treasurer and chief financial officer of embezzling funds. Walters says, and Gottlieb confirms, that he didn’t serve in either position and didn’t steal anything. In the AI world, false text from services like ChatGPT are called “hallucinations.” As with any defamation case, Walters will have to prove he’s suffered damages, but this case will be interesting to watch as it appears to be the first such legal case involving the work of AI. Read the New York Post’s story here.

Industry Views

Monday Memo: Future-Proof Your Career

By Holland Cooke
Consultant

imHow will AI tools like ChatGPT impact the way we work? The clues are everywhere. Several client stations have automated weather, and even with your consultant’s trained ear, I had to ask. And yes, she’s a robot.

From Harvard Business Review: 5 tips

— Avoid Predictability – AI isn’t generating new insights; it’s a prediction engine that merely guesses the most likely next word…its suggestions tend to homogenize, and they’re only as good as the wisdom of the crowds, which is often the exact opposite of wisdom.

— Hone the skills that machines strive to emulate – AI responses display empathy (“I am sorry my answer upset you”), self-awareness (“I’m just an AI model and my answers are based on training data”). But those responses are based on text prediction, and AI is not capable of experiencing or displaying the human version of these soft skills…so actually knowing and caring about what others think and feel, truly understanding yourself, and being capable of creating something machines cannot is an essential strategy to set yourself apart.

im

— Double down on “the real world” – Original research — actually talking to people and identifying new insights — becomes critical, because AI can only connect past dots and information it’s already been presented with. When you tap into information that isn’t (yet) online through your lived experience or novel interviews and conversations, you’re adding something genuinely new to the cultural conversation that wouldn’t be possible through AI.

— Develop your personal brand – Just as art world buyers will pay exponentially more for a “real Rembrandt” rather than an equally beautiful painting by one of his lesser-known contemporaries, corporate leaders will likely continue to pay a premium to work with people viewed as the “top of their field” — partly as a statement of quality, and partly as a brand statement about whom they associate with and what they value.

— Cultivate expertise – AI technologies are prodigious researchers that can summon a cavalcade of facts almost instantly. Unfortunately, some of those facts aren’t true. Even if AI performs “first draft” functions, it still has to be double-checked by a trusted and reliable source.

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Multiply Your Podcast Subscribers, Without Buying Clicks,” available from Talkers books; and “Spot-On: Commercial Copy Points That Earned The Benjamins,” a FREE download; and the E-book and FREE on-air radio features Inflation Hacks: Save Those Benjamins.” Follow HC on Twitter @HollandCooke

Industry Views

Monday Memo: Even a Robot Knows!

By Holland Cooke
Consultant

I asked ChatGPT, “What IS ChatGPT?”

Instant reply: “ChatGPT is a pre-trained language model developed by OpenAI. It uses advanced natural language processing techniques to generate human-like text responses to questions and prompts, based on patterns it learned from a massive amount of text data. It is designed to assist with a wide range of tasks, including answering questions, generating creative writing, and translating text between languages. ChatGPT is built using the GPT (Generative Pre-trained Transformer) architecture, which has been state-of-the-art in many NLP tasks.”

If ever there was an elevator speech that sounded robotic, that’s it. But pick almost any other topic, and – quicker than you’re expecting, ChatGPT scours the Internet – and most of what it spits-back can seem eerily conversational. Including my question about conversation itself: “What DJ or talk show host habits do listeners find most annoying?” Mere moments later…

“Here are some habits that listeners may find annoying in DJs or talk show hosts:

— Interrupting guests or co-hosts: Listening to a conversation that is constantly being cut off can be frustrating for listeners.

— Talking over music: A DJ who talks over the music can detract from the listening experience for music lovers.

— Shouting or excessive enthusiasm: An over-the-top delivery style can come across as insincere or artificial to listeners.

— Unnecessary repetition: Repeating the same jokes, phrases, or segments repeatedly can quickly become tiresome for listeners.

— Lack of preparation: A lack of research or preparation can lead to awkward silences, missed opportunities, or inaccurate information.

— Poor phone manners: Rude or abrupt treatment of callers can be off-putting to listeners and impact the overall tone of the show.

— Ignoring listener feedback: Failing to respond to listener feedback or questions can make listeners feel unvalued and disengaged.

— Being too political: Focusing exclusively on political topics or taking a one-sided approach can alienate listeners with differing opinions.

— Playing too many commercials: Excessive commercial breaks can make the listening experience feel repetitive or disjointed.”

With most AM/FM broadcast hours now automated, syndicated, and voice-tracked, even a robot knows what it takes to keep our fellow humans from wandering-off to less-cluttered music streams and greater topical variety that podcasts offer.

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Multiply Your Podcast Subscribers, Without Buying Clicks,” available from Talkers books; and “Spot-On: Commercial Copy Points That Earned The Benjamins,” a FREE download; and the E-book and FREE on-air radio features Inflation Hacks: Save Those Benjamins.” Follow HC on Twitter @HollandCooke

Industry News

Yesterday’s (2/1) Top News/Talk Media Stories

The state of the United States’ economy and the Fed’s decision to raise interest rates; the political battle in Congress to address the U.S.’s debt ceiling; the classified government documents in the possession of Joe Biden, Mike Pence and Donald Trump; Hunter Biden seeks criminal investigation into stolen data from his laptop; former President Trump’s 2024 campaign and former South Carolina Governor and former UN Ambassador Nikki Haley’s expected bid for the White House in ’24; Trump’s potential legal issues in Georgia and New York; Ukraine’s plea for fighter jets is rejected by the U.S. and Germany as it tries to fend off Russia; the aftermath of the police beating death of Tyre Nichols in Memphis; artificial intelligence and the effects of the release of chatbot ChatGPT; and the brutal winter weather affecting parts of the country were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS magazine.