Introduction: The Synthetic Media Explosion # Deepfakes have evolved from a niche concern to a mainstream crisis. In 2025, the technology to create convincing synthetic video, audio, and images is accessible to anyone with a smartphone. The consequences, damaged reputations, defrauded businesses, manipulated elections, and psychological harm, are no longer hypothetical.
Artificial intelligence is reshaping journalism and media at every level, from AI systems that write earnings reports and sports recaps to deepfake technology that can fabricate video of events that never occurred. This transformation brings profound questions: When an AI “hallucinates” false facts in a news article, who bears liability for defamation? When AI-generated content spreads misinformation that causes real-world harm, what standard of care applies?
The End of Platform Immunity for AI # For three decades, Section 230 of the Communications Decency Act shielded online platforms from liability for user-generated content. That shield is crumbling. Courts now distinguish between passively hosting third-party content, still protected, and actively generating, amplifying, or curating content through AI systems, increasingly not protected.
The New Frontier of Defamation Law # Courts are now testing what attorneys describe as a “new frontier of defamation law” as AI systems increasingly generate false, damaging statements about real people. When ChatGPT falsely accused a radio host of embezzlement, when Bing confused a veteran with a convicted terrorist, when Meta AI claimed a conservative activist participated in the January 6 riot, these weren’t glitches. They represent a fundamental challenge to defamation law built on human publishers and human intent.