Build a defamation defences checklist from the publication and the file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Against each pleaded meaning, list the file material that goes to truth, privilege, opinion or fault, with pins. State no conclusion.
- What the lawyer must review
- You decide which defences to plead. Truth and privilege are state law. California Civil Code § 47 privileges fair and true reports of judicial, legislative and other public proceedings, and publications in those proceedings, with the exceptions the section states. Sullivan requires a public official to prove knowledge of falsity or reckless disregard. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974): states may set the fault standard for a private plaintiff so long as they do not impose liability without fault, and presumed or punitive damages need Sullivan fault. Milkovich rejects a free-standing opinion privilege.
- Written for / version
- United States versionUSAU
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.