Again Issue Raised for Reddit - Should It Be Forced to Out Identity of Poster and Should that Poster (and it) Be Sued By Those Allegedly Defamed

In the wild west of content-posting on professional anonymous network Reddit there is a trend which even on that platform shocks. 

Thanks to generative AI it is possible to use ChatGPT version 3.5 to create fictional content about brandname organizations and leaders. Very recently, on Reddit Big Law, those range from a comedy routine about working at Kirkland & Ellis to a short short story about a homosexual encounter between two legal stars who are known not to have that alternate sexual identity. The latter are Brad Karp and Neal Katyal.

What leaps to mind in this litigious nation focused on civil rights is if those featured in that content should take legal action to 1) force Reddit to disclose the ISP information on the account and 2) when that is secured to file a lawsuit against that poster - and maybe Reddit also. 

Interestingly, the anonymous creator of the homosexual tale anticipated potential legal action. They researched the related legal issues and showcased them on the subreddit, along with fiction. Among what it indicates is:

"If the story identifies specific real-life biglaw partners and portrays them as latent homosexuals, and if these depictions are false and damaging to their reputations, it may constitute defamation. Defamation involves false statements that harm an individual's reputation and can lead to significant legal consequences." 

In addition, here is another exploration of possible legalities. 

However, taking the legal road could be tough sledding.

The first obstacle is shaking loose the poster's identity. In the RCN trial, Reddit won in not having to out the 9 anonymous users of its platform. 

In addition, the US Supreme Court declined to take up the proposal by the parents of minors allegedly used in porn imagery to bypass the legal shield for internet platforms. That protects them from legal action because of content on their site. Reuters reports:

"The justices turned away the appeal of a lower court's decision to dismiss the proposed class action lawsuit on the grounds that Reddit was shielded by a U.S. statute called Section 230, which safeguards internet companies from lawsuits for content posted by users but has an exception for claims involving child sex trafficking."

Then there is the suing for alleged defamation. That could be tricky. When playing in that sand box, legal media expert Charles Harder won big, with the help of litigation funder Peter Thiel. The case "Hulk Hogan v Gawker" essentially was a mashup emotionally of lots of hot button issues ranging from reputation to privacy. 

However, in the process of pursuing such litigation the plaintiffs could find themselves more exposed than they wish to be. Given their high profiles, the media will jump right in. So would opposing counsel. The New Yorker article on defense actions on behalf of Harvey Weinstein featured how the accused and those representing seek to dig up and dish the dirt about the plaintiffs. The Dick Wolf "Law and Order" franchise also tutors on those machinations.

The fiction trend, of course, is only the tip of the iceberg of the legalities as well as the ethics of what appears on the subreddits. Gawker was brought down. In that peak time for digital tabloids pushing the envelope that was not expected. Gawker seemed untouchable. Currently many might assume that Reddit, other professional anonymous networks and posters can't be tamed - or even put out of business. Since Reddit is planning an IPO it should review it content-moderation policies carefully.

Reflection: Gawker’s treatment of celebrity Hogan brought mainstream fundamental free-speech questions. The jurors who delivered the nuclear verdict of $140 million had a real-life response.

From the gut: I don't know Katyal. But I know Karp. The man is a decent human being generous in helping the powerless. He doesn't deserve being a victim of what at the very least is poor taste. On a macro level the bit of fiction could bash against the boundaries of legalites. 

Data or the gut for your careers and communications? Both of course. Complimentary consultation with intuitive coach, content-creator, and Tarot reader Jane Genova (text 202-468-8579, janegenova374@gmail.com).