Federal court allows man to sue Google over AI-generated defamation claims

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A man who discovered false statements about himself by Google’s AI Overview will be allowed to sue for defamation, a federal court has ruled.

James Keene — a writer, TV producer and former FBI operative — last year claimed he found that queries about himself to Google Search were answered by artificial intelligence responses saying he had killed three women and was serving a life term in prison.

Keene had indeed served time; his experience behind bars with a suspected serial killer was the basis of the Apple TV+ miniseries “Black Bird.” But his crime was marijuana-related, and he was released after 17 months.

Keene “repeatedly alerted Google that the AI Overviews could be defamatory,” court documents say; the false statements were allegedly accessible for at least two months. Keene then filed a lawsuit alleging defamation and seeking at least $250 million.

Google sought to dismiss the claim. Among other things, it claimed that AI Overviews are not considered statements of fact and that, as Keene is a “limited public figure,” he would have to “plausibly plead” malice on Google’s part.

The opinion issued Monday by a U.S. District Court in Illinois allowed two of Google’s motions to dismiss and denied two others, stating that Keene may file an amended complaint.