Georgia Court Dismisses Defamation Claim Against OpenAI: A Win for AI Technologies
On May 19, 2025, the Superior Court of Gwinnett County, Georgia issued a significant order in Walters v. OpenAI, granting OpenAI’s motion for summary judgment with respect to a defamation claim centered on content generated by artificial intelligence. The ruling provides timely and important guidance on the application of defamation law in the context of emerging AI technologies.
The Case Details
The plaintiff, Mark Walters, a public figure and media personality, filed suit against OpenAI after a third party queried ChatGPT and received a response inaccurately suggesting that Walters was named in a federal complaint involving financial misconduct. Walters contended that this erroneous output constituted a defamatory statement and sought damages for reputational harm.
Court Ruling
In granting OpenAI’s motion to dismiss, the court emphasized several foundational elements of Georgia defamation law:
- OpenAI demonstrated that ChatGPT warns users that its output could contain factually inaccurate information.
- The court ruled that assuming ChatGPT is providing factual information is unreasonable as a matter of law.
- An expert witness for OpenAI testified that efforts are made to reduce and avoid mistaken output (hallucinations).
- The plaintiff failed to prove OpenAI was negligent.
The court rejected the argument of actual malice, stating that the knowledge of a mistake being possible is insufficient to prove malice.
Implications
This decision reinforces several important principles for entities defending against defamation claims in Georgia:
- Traditional defamation doctrines continue to govern claims involving modern communication technologies.
- Content generated by AI tools is unlikely to give rise to viable defamation liability under Georgia law.
At Berman Fink Van Horn, we provide sophisticated and experienced counsel in defamation defense, including matters involving digital media and emerging technologies. If your business or organization is facing allegations of reputational harm or needs strategic guidance in managing risk, our team is equipped to protect your interests with precision and discretion.
Note: Katherine Silverman is a business litigator with a unique depth of experience in handling commercial real estate disputes.
