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It looks like OpenAI may finally have to answer for ChatGPT’s “hallucinations” in court after a Georgia judge recently ruled against the tech company’s motion to dismiss a radio host’s defamation suit.

OpenAI had argued that ChatGPT’s output cannot be considered libel, partly because the chatbot output cannot be considered a “publication,” which is a key element of a defamation claim. In its motion to dismiss, OpenAI also argued that Walters could not prove that the company acted with actual malice or that anyone believed the allegedly libelous statements were true or that he was harmed by the alleged publication.

It’s too early to say whether judge Tracie Cason found OpenAI’s arguments persuasive. In her order denying OpenAI’s motion to dismiss, which MediaPost shared here, Cason did not specify how she arrived at her decision, saying only that she had “carefully” considered arguments and applicable laws.