Salem Radio Network syndicated host Mark Walters was the first to file a defamation complaint linked to OpenAI’s ChatGPT in June 2023, just months after the chatbot’s public launch. Now that closely watched lawsuit has come to its conclusion, marking an early precedent in the legal scrutiny of generative artificial intelligence.
The case has been dismissed by a Georgia judge.
Walters, host of Armed American Radio, filed suit in June 2023, alleging that ChatGPT falsely accused him of embezzlement while responding to a journalist’s query about an unrelated gun rights case. The suit was believed to be the first
The incident originated when AmmoLand Shooting Sports News Editor-in-Chief Fred Riehl used ChatGPT to summarize the case Second Amendment Foundation v. Ferguson, which involves Washington Attorney General Bob Ferguson. ChatGPT, unable to access the URL provided by Riehl, instead “hallucinated” a detailed, but entirely false, legal complaint that named Walters and accused him of financial misconduct, including embezzlement, manipulating bank records, and withholding financial reports.
Walters is not mentioned anywhere in the actual Second Amendment Foundation v. Ferguson.
In court filings, Walters argued that ChatGPT’s statements were defamatory and malicious, with the potential to severely damage his reputation. He pointed to OpenAI’s own disclaimers warning of potential inaccuracies as evidence that the company was aware of the risks its tool posed.
In its defense, OpenAI argued that the output in question was never published, that Riehl misused the tool, and that the company could not be held liable without proof of negligence or actual malice. OpenAI also questioned whether Georgia courts had jurisdiction over the California- and Delaware-based company.
In October 2023, OpenAI filed a motion to dismiss the case, and on May 17, Gwinnett County Superior Court Judge Tracie Cason ruled in the company’s favor. The court found that Walters had failed to meet the required legal standard for defamation, particularly the burden of proving actual malice or negligence.
Walters’ attorney said his legal team is reviewing the court’s decision and has not yet announced whether it will appeal.
