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 content
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.’”
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 
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.