“(The company's) position is that because Mr Musk is famous and might be more of a target for deep fakes, his public statements are immune,” wrote Judge Evette Pennypacker.
The ruling, first reported by Reuters, came in a lawsuit filed by the family of Walter Huang against Tesla in Santa Clara Superior Court, over a car crash which killed the Apple engineer in 2018. Tesla's lawyers has said Musk cannot recall the details of his statements that the plaintiffs want to ask him about, and that the billionaire celebrity CEO is often the subject of convincing"deepfake" videos.
Plaintiff attorneys sought to depose Musk regarding recorded statements that tout the capabilities of Autopilot. The ruling that Musk must testify was tentative, and a hearing was set for Thursday on whether to depose him. California judges often issue tentative rulings, which are almost always finalized with few major changes after such a hearing.
Tesla opposed the request in court filings, arguing that Musk cannot recall details about statements. Judge Evette Pennypacker tentatively ordered a limited, three-hour deposition where Musk could be asked whether he actually made the statements on the recordings, and called Tesla’s arguments “deeply troubling.”
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