‘Shark Tank’ Star Kevin O’Leary Sued After Claiming Data Center Critics Had Connections With China
Kevin O'Leary, the businessman and Shark Tank star, is being sued for defamation after repeatedly claiming on Fox News and elsewhere that opponents of his proposed AI data centre in Utah had ties to China. The lawsuit, filed by Alliance for a Better Utah, Elevate Strategies, Gabrielle Finlayson and Josh Kanter, accuses O'Leary of a "defamatory smear campaign" that caused reputational and financial harm as well as emotional distress and safety concerns for those named.
The suit, filed on Wednesday in a Utah federal district court, cites at least ten media appearances by O'Leary in May and June, including one where he described Finlayson and Kanter as "proxies for the Chinese government". It also criticises Fox News for repeatedly platforming the claims without challenge, though Fox says it corrected the record on every affected programme and will contest the case. O'Leary himself has not apologised but stated on Instagram last month that he has no evidence the named individuals or groups are funded by China or the Chinese Communist Party.
In short
- O'Leary sued for defamation over China-ties claims against data centre critics
- Lawsuit also criticises Fox News for repeatedly airing the unproven claims
- O'Leary later admitted he has no evidence to support his accusations
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
O'Leary made repeated, specific false claims that named individuals had ties to China, subsequently admitted he had no evidence, and amplified these accusations across major media platforms, causing documented reputational, financial, and safety harms. Defamation law exists to provide remedy when false statements demonstrably injure others; the elements appear satisfied.
The case against
Whilst O'Leary's claims lacked support, they occurred within heated political debate about a contentious development project, where speakers often engage in speculative discussion about opposition sources. As commentary on a public policy matter, his speech merits broad protection even if inaccurate. Plaintiffs' roles as public figures in this debate heighten defamation's burden. Using defamation law against political speech—particularly where subsequent clarification has been provided—risks suppressing the vigorous, sometimes imprecise discourse essential to democratic debate.
Explained simply
Kevin O'Leary is a prominent businessman and television personality known for appearing on the American entrepreneurship show Shark Tank. He proposed building an artificial intelligence data centre in Utah, but encountered opposition from local groups and residents concerned about its environmental and social impact.
In May and June, O'Leary appeared frequently on Fox News and other media outlets, where he claimed that some of his opponents had ties to the Chinese government or were working as proxies for Chinese interests. He made these allegations against specific individuals and organisations, including the activist group Alliance for a Better Utah and local residents Gabrielle Finlayson and Josh Kanter.
His accusations have become the subject of a lawsuit alleging defamation, which raises questions about the responsibilities of public figures when making serious allegations without evidence. Defamation law protects people from false statements that cause measurable harm to their reputation, safety and wellbeing.
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