Libel by Algorithm? Automated Journalism and the Threat of Legal Liability

Seth C. Lewis · Amy Kristin Sanders · Casey Carmody

101 citations0/0 files storedJournalism & Mass Communication Quarterly

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Freedom of Expression and Defamation Journalism and Media Studies Intellectual Property Rights and Media

Abstract

The rise of automated journalism—the algorithmically driven conversion of structured data into news stories—presents a range of potentialities and pitfalls for news organizations. Chief among the potential legal hazards is one issue that has yet to be explored in journalism studies: the possibility that algorithms could produce libelous news content. Although the scenario may seem far-fetched, a review of legal cases involving algorithms and libel suggests that news organizations must seriously consider legal liability as they develop and deploy newswriting bots. Drawing on the American libel law framework, we outline two key issues to consider: (a) the complicated matter of determining fault in a case of algorithm-based libel, and (b) the inability of news organizations to adopt defenses similar to those used by Google and other providers of algorithmic content. These concerns are discussed in light of broader trends of automation and artificial intelligence in the media and information environment.

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References

2012CRITICAL QUESTIONS FOR BIG DATA 2015The Black Box Society 2015The Second Machine Age: Work, Progress, and Prosperity in a Time of Brilliant Technologies.2017Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy 2016The social power of algorithms 2014Algorithmic Accountability 2016Rise of the robots: technology and the threat of a jobless future 2014The Robotic Reporter

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