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Pilot Targeted by Online Misinformation After Washington Crash
In the wake of a tragic mid-air collision in Washington this January, which claimed the lives of 67 individuals, helicopter pilot Jo Ellis became the unexpected target of online disinformation. Just two days after the fatal incident involving a helicopter and a passenger jet, Ms. Ellis, a 35-year-old Virginia Army National Guard pilot, was alerted by friends to a surge of social media activity falsely identifying her as the pilot responsible for the January 29 crash. This online misinformation quickly spiraled, fueled by users baselessly suggesting that diversity initiatives were a contributing factor due to Ms. Ellis being transgender.
False Accusations and Online Harassment
Ms. Ellis responded to the escalating online attacks by posting a “proof of life” video on Facebook, affirming her well-being and attempting to curtail the spread of the false claims. However, instead of subsiding, the accusations intensified. In a recent interview, Ms. Ellis described the ordeal as life-altering, revealing that her employer dispatched armed security to safeguard her family and that she began carrying a firearm for personal protection. “From that moment onward, I became known as ‘that trans terrorist’,” she stated, highlighting the profound and damaging impact of the online falsehoods.
Defamation Lawsuit Filed Against Social Media Influencer
On Wednesday, Ms. Ellis initiated legal action, filing a defamation lawsuit against Matt Wallace, a social media influencer on X with a substantial following exceeding two million users. Mr. Wallace was identified as a key figure in disseminating the false claims, publishing a series of posts that included Ms. Ellis’s photos and personal details. Following Ms. Ellis’s Facebook video, Mr. Wallace deleted the posts concerning her. On the afternoon of January 31, he issued an “important update” acknowledging that Ms. Ellis “was not piloting the helicopter that crashed into the plane and is still alive.”
Legal Action Seeks to Combat Misinformation
The legal filing accuses Mr. Wallace of having “devised a destructive and irresponsible defamation campaign.” Submitted to the U.S. District Court in Colorado, where Ms. Ellis’s legal team asserts Mr. Wallace resides, the lawsuit seeks unspecified monetary damages to be determined during trial. Mr. Wallace has not yet issued a public response to requests for comment. The case underscores the limited legal recourse available to individuals targeted by digital misinformation. This lawsuit emerges as social media platforms have, in recent years, moderated content less aggressively, coinciding with a rise in misinformation and the growing influence of misinformation peddlers.
Growing Trend of Defamation Suits Against Online Figures
Simultaneously, the concept of holding social media influencers accountable through defamation law for propagating demonstrably false statements has gained traction as a potential strategy to counter misinformation. RonNell Andersen Jones, a law professor at the University of Utah specializing in defamation, commented, “This suit aligns with a discernible growing trend.” She further noted, “This represents a relatively novel and complex application of defamation law: individuals victimized by viral conspiracy theories are increasingly turning to defamation law not only to repair their reputations but also to challenge broader societal falsehoods.”
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Precedent-Setting Defamation Cases
This legal approach has been reinforced by notable defamation cases against larger entities. In 2023, Dominion Voting Systems secured a significant $787.5 million settlement from Fox News for disseminating false information regarding their voting machines following the 2020 election. Furthermore, families affected by the Sandy Hook school tragedy successfully sued Alex Jones, the Infowars host known for fabricating conspiracy theories, winning over $1 billion in damages in 2022. However, there are fewer precedents for similar lawsuits directed at independent content creators or social media influencers.
Challenges in Defamation Cases
Ms. Ellis’s lawsuit is being supported by the Equality Legal Action Fund, a group of primarily volunteer lawyers dedicated to defending LGBTQ+ individuals against defamation and harassment. Such legal actions encounter substantial constitutional and legal obstacles. Broad free speech protections often complicate defamation claims, even when demonstrably false information is shared. In most defamation cases, the burden of proof rests on the defamed individual to demonstrate that the speaker acted with malicious intent, rather than inadvertently making an error.
Pilot Aims to Support Crash Victims’ Families
Ms. Ellis has stated that any financial compensation awarded in the case will be donated to the families of those who perished in the Washington crash. “I am a proponent of free speech, but I also believe that free speech entails consequences,” Ms. Ellis asserted. “If you choose to incite outrage based on falsehoods, that is your prerogative. However, when that outrage targets an individual, there must be repercussions.”
Conspiracy Theories Followed Tragic Accident
Speculation linking a transgender pilot to the January 29 collision emerged almost immediately as a conspiracy theory after a Black Hawk helicopter on a training mission collided with a passenger jet over the Potomac River. Notably, just days prior, then-President Trump had issued an executive order seeking to restrict transgender individuals from military service. This action prompted some online users to conjecture that the crash was an act of terrorism perpetrated by a disgruntled transgender pilot. Mr. Trump continued to connect the crash to diversity, equity, and inclusion (DEI) policies for several days following the incident. According to an analysis of online posts by The New York Times, Mr. Wallace was not the initial individual to target Ms. Ellis on X. Discussions surrounding Ms. Ellis began on January 30 and rapidly gained momentum through January 31, becoming a trending topic on X, amassing over 90,000 posts by the second day, according to social media monitoring website Trends24.
Personal Impact of Online Rumors
“As a helicopter door gunner in Iraq, I faced gunfire in a combat zone,” Ms. Ellis recounted. “Yet, even with that experience, the intense scrutiny of my personal life following this rumor has had a profound impact.”