Feb. 6, 2026
Defamation by chatbot: Why Section 230 doesn't protect the new tech
For 30 years, Section 230 insulated platforms from liability, but generative AI is forcing courts to ask a new question: When AI speaks, is it third-party content, or the provider's own?
Krista L. Baughman
Partner
Baughman Law
1255 Treat Blvd., Suite 300
Walnut Creek , CA
Phone: (925) 310-6033
Email: krista@baughmanlaw.com
Brooklyn Law School; Brooklyn NY
Krista's practice focuses on First Amendment and anti-SLAPP law and litigation.
For 30 years, technology companies have operated with assurance that Section 230 of the Communications Decency Act broadly shielded them from liability tied to third-party content. But with the advent of novel artificial intelligence technology, Section 230's protections are now being tested by plaintiffs who allege harm at the hands of generative AI. One example is the pending case of Wolf River E...
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