Experts have raised concerns that Meta and Google’s use of user comments and reviews to generate AI responses for restaurant queries or sentiment summaries may lead to potential defamation risks. Traditionally in Australia, users who post allegedly defamatory content face legal actions. However, a significant 2021 high court ruling in the case of Dylan Voller established that platforms hosting defamatory comments, like Facebook, can also be held liable. Tech companies have faced legal repercussions; for instance, Google was ordered to pay over $700, 000 to former NSW deputy premier John Barilaro in 2022 for hosting a defamatory video. Recently, Google introduced its AI, Gemini, in the US, enhancing Maps with features that summarize user reviews for places and activities. It also rolled out AI-generated summaries in Australian search results. Meta has started providing AI-generated summaries of comments on Facebook.

Defamation expert Michael Douglas indicated that the use of AI might lead to new court cases, noting that if platforms disseminate defamatory content, they can be seen as publishers, making them liable. While companies may rely on defenses such as “innocent dissemination, ” this argument may not hold strong. Professor David Rolph from the University of Sydney warned that AI-generated content could complicate defamation issues, although recent reforms introducing a serious harm requirement might mitigate some risks. However, he emphasized that these legal reforms have not fully addressed the challenges posed by evolving AI technology. Despite the risks, Google’s Miriam Daniel stated that the company strives to eliminate fake reviews and seeks to provide balanced summaries by identifying common themes in user feedback. A Meta spokesperson also acknowledged that their new AI may sometimes yield inaccurate results, but they are continuously working on improving it.