Re:X Corp vs. Media Matters [pdf]
by aw1621107 on Monday November 20, 2023 @08:30PM
(#38357606)
> it could easily be defamatory if you went on to claim that this was therefore routine or a serious problem.
Claiming that the problem is "routine" might be problematic, but I think the problem being "serious" may arguably be non-defamatory. A problem being "routine" implies there's a pattern, which can potentially be proven/disproven, but whether a problem is "serious" seems much more opinion-based. One advertiser may not care that their ads have a minuscule chance of showing up next to objectionable content, and another one may care very much that there's a non-zero chance.
Claiming that the problem is "routine" might be problematic, but I think the problem being "serious" may arguably be non-defamatory. A problem being "routine" implies there's a pattern, which can potentially be proven/disproven, but whether a problem is "serious" seems much more opinion-based. One advertiser may not care that their ads have a minuscule chance of showing up next to objectionable content, and another one may care very much that there's a non-zero chance.