Ashley MacIsaac, a musician who has won a Juno award, has decided to withdraw his defamation lawsuit against Google regarding an AI-generated overview that incorrectly labeled him as a sex offender.
This civil lawsuit was initiated earlier this year in the Ontario Superior Court of Justice when the 51-year-old fiddler found that an AI overview displayed at the top of Google’s search results falsely claimed he had been convicted of multiple crimes, including sexual assault, internet luring, and attempts to assault a minor, along with stating that he was on the national sex offender registry—none of which was accurate.
Originally from Cape Breton, MacIsaac was pursuing $1.5 million in damages from Google LLC.
The lawsuit noted, “If a human representative made these erroneous claims on behalf of Google, considerable punitive damages would be appropriate. Google should not bear less responsibility because these defamatory remarks were made by software it developed and maintains.”
However, on July 29, a notice discontinuing the lawsuit was submitted. While MacIsaac has not explained his decision to drop the case, he informed the National Post that he had no comments to provide. CBC News has attempted to reach him for further comment.
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Cape Breton fiddler Ashley MacIsaac sues Google over alleged defamation
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Ashley MacIsaac concert cancelled after AI wrongly accuses him of being sex offender
CBC News did not receive a response from Google regarding the lawsuit’s discontinuation.
Previously, in December, Google Canada stated that its AI summaries change frequently to offer the most “helpful” information, and that any inaccuracies are used to enhance the system.
MacIsaac’s now-terminated lawsuit criticized Google for its “casual and unconcerned reaction to its dissemination of completely false statements,” asserting that MacIsaac deserved a clear retraction.
Ashley MacIsaac performs during the East Coast Music Awards in Fredericton in 2022. The musician stated the false accusations led to anxiety during his performances. (Kelly Clark/The Canadian Press)
Google first rolled out the AI overviews in 2024. Since then, they have faced criticism and sparked numerous lawsuits from various companies and publishers who contend that the feature has decreased traffic to their websites, as well as from critics pointing out that AI can create inaccurate information.
AI error led to cancelled concert
In December, MacIsaac revealed that he became aware of the false information—stemming from online articles about another individual in Atlantic Canada with the same surname—after a concert he was scheduled to perform was cancelled by organizers citing the AI summary as the reason.
MacIsaac later expressed that this incident caused him to experience significant anxiety during future performances, fearing that audience members might have seen the AI overview and that his safety could be at risk.
In December, MacIsaac told CBC News that although he was unable to afford to sue Google, several law firms had contacted him offering pro bono assistance.
Justin Safayeni, a lawyer from Stockwoods LLP in Toronto specializing in defamation law, informed CBC News that there are various reasons why a plaintiff might choose to discontinue a lawsuit prior to its trial: they might lack funds, believe the case is unwinnable or not worth their time, or they may opt to settle the matter privately with the opposing party.
Discontinuing a lawsuit differs from a dismissal in that it allows for the possibility of reopening the case later, provided there is no accompanying settlement that prohibits it, he stated.
Courts grapple with question of responsibility
Google Canada previously stated in December that its AI summaries frequently update to provide the most ‘helpful’ information, and any errors are utilized to refine the system. (Annegret Hilse/Reuters)
The issue of who is accountable for damages inflicted on individuals, property, or businesses due to erroneous information produced by AI has been a persistent concern for technology companies promoting the technology.
Earlier this summer, a landmark ruling by a Munich court determined that Google bears legal responsibility for false information presented in its AI-generated summaries.
The court concluded that AI overviews are considered Google’s own content. The two German publishers involved in the case argued that Google’s AI overviews had linked them to fraudulent activities and endorsed dubious business practices. Google announced in June that it would contest the ruling.
In 2024, Air Canada attempted to assert that its AI chatbot constituted a separate legal entity accountable for its actions, in response to a lawsuit over the chatbot providing incorrect information to a customer. The airline was instructed to accept responsibility and compensate the affected party.
One of the factors that has drawn significant attention to MacIsaac’s case is that Canadian courts have yet to address the issue of liability regarding defamation caused by AI-generated statements, according to Safayeni. However, a resolution is unavoidable.
“Considering the extent of AI tool usage, this matter will inevitably come before the courts,” he remarked.
OpenAI, the organization behind ChatGPT, acknowledged in a research paper last year that there is currently no method to prevent AI large language models from generating false information, as these models are designed to produce the most statistically plausible responses without distinguishing between what is true and what is false.