--- title: "OpenAI Says It’s Fine If ChatGPT Occasionally Accuses Innocent People of Crimes" description: "OpenAI is arguing that ChatGPT is only a drafting tool, and thus can't be held legally responsible for any hallucinations it spits out." date: "2023-10-27" modified: "2023-10-27" authors: - name: "Maggie Harrison Dupré" job_title: "Senior Staff Writer" link: "https://futurism.com/authors/mharrison" url: "https://futurism.com/the-byte/openai-chatgpt-accuses-crimes" categories: - "Artificial Intelligence" - "OpenAI" tags: - "ai" - "microsoft" - "OpenAI" - "the digest" --- # OpenAI Says It’s Fine If ChatGPT Occasionally Accuses Innocent People of Crimes ![OpenAI is arguing that ChatGPT is only a drafting tool, and thus can't be held legally responsible for any hallucinations it spits out.]() *\Image: Futurism\* ## Shrug Emoji It's no secret that large language model (LLM)-powered generative AI tools like OpenAI's ChatGPT **—** which spit out text not by way of human-esque understanding, but of predictive math — have a serious hallucination problem. In the nascent AI biz, "hallucination" is basically [another word for fabrication](). AI systems like ChatGPT have a concerning penchant for inventing incorrect or entirely false facts and details, a problem made worse because they present the lies just as confidently as factual information, meaning every output is a potential minefield of mistakes or worse. Most concerningly, these outputs can sometimes contain [falsehoods about real people](), a phenomenon that has already resulted in multiple defamation lawsuits: one against OpenAI, whose chatbot falsely accused a radio host named Mark Walters of [embezzlement](), and one against Microsoft, whose OpenAI-powered Bing Chat feature [incorrectly told users]() that a regular non-terrorist guy was a convicted terrorist. (OpenAI was also previously [threatened with yet another similar lawsuit](), but that case was dropped.) As these cases trudge on, AI makers' defenses continue to come into focus. For example, [as *Ars Technica* reports](), OpenAI has argued for the dismissal of its defamation suit entirely, contending that ChatGPT outputs *can't* amount to libel — and for that matter, if its AI occasionally accuses real people of serious criminal behavior, its hands are clean. Convenient! ## It's Complicated Per *Ars*, OpenAI's [dismissal ]()[request](), filed in July, rests mainly on the claim that ChatGPT is only a drafting tool, not a publishing tool. Its outputs might contain inaccuracies, the company seems to be arguing, but as ChatGPT doesn't actually *publish* any of that content to the web, it ultimately falls on the tool's human user to fact-check the AI's work and remove anything that could amount to libel. In a perfect world, sure. But back in reality, a lot of human users look to ChatGPT as a de facto search engine. Plus, most writing tools don't produce believable lies about real people. But that same logic fails to extend to Microsoft's Bing-alleged terrorism suit, which is complicated by the fact that, unlike ChatGPT, Bing's entire thing is being a search engine. If a search engine is confidently spitting out lies about real and specific people, a judge could well find such material misleading and defamatory — and considering that the Silicon Valley giant last week [asked the court for extra time]() to craft its defense, it could be safe to say that Microsoft knows it might be in for a tricky legal battle. The ultimate outcome of these suits, but it's certainly worth keeping an eye on them. They could decide the trajectory of where the AI industry goes — or doesn't. **More on AI and defamation:** [*Man Sues OpenAI After ChatGPT Claimed He Embezzled Money*]() ## Author At Futurism, I've reported extensively on the rise of AI as a cultural and business force shaping the media industry, and more broadly how those dynamics are changing how we all consume and share information and relate to one another. I'm also fascinated by public health policy and ethics, the role of emerging tech in politics and governance — and the powerful people and forces at those intersections — climate change, and the environment. My investigation on Sports Illustrated's use of AI-generated authors with fictional biographies won a 2024 Mirror Award for "Best Story on Media Coverage of Artificial Intelligence in Journalism and the Media" from Syracuse University's SI Newhouse School, I contributed to Niemen Lab's 2025 Predictions for Journalism series, and I've discussed my work for Futurism during appearances on NPR, CNN, the BBC, the CBC, and more. I grew up in rural Pennsylvania and attended the University of Massachusetts Amherst, where I played Division I field hockey for the Minutewomen as a midfielder. Since then, I've lived in New Orleans, Louisiana and Manhattan, New York. I spend my free time running, reading, perusing archival fashion, and searching for the world’s best negroni. I also have a debonair tuxedo cat, Westley, who's named after "The Princess Bride." ### Author social links [Bluesky]()