A Florida radio host and self-proclaimed “loudest voice in America fighting for gun rights' has filed a legal complaint against OpenAI, alleging that the ChatGPT bot defamed him by erroneously claiming he had been accused of financial crimes.
She’s concerned, however, that the software has gone beyond getting the facts wrong to create fake documentation that supports its lies, right down to a phony case number. “That’s really disturbing,” Lidsky says. “That creates a simulacra of reliability,” making “the false defamatory allegation look more credible.
“In any event, this lawsuit is unlikely to succeed, as there are issues that present themselves with nearly every element of defamation,” Cohn says. For one thing, Walters will have to prove that he is the “Mark Walters” identified in the bot’s responses , and specifically that “the average reader could reasonably think it was about him.” But that, Cohn says, is the easy part.
The seeming absence of damages is yet another problem. “There are no allegations that anyone other than Riehl saw the output, and he clearly didn’t believe it to be true,” Cohn says. “It wasn’t widely disseminated, and it’s not clear ChatGPT would even present that output again. The purpose of defamation law is not to assuage hurt feelings or offense taken to someone’s words. It is to remedy specific, quantifiable damages caused by a false statement.
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