That does seem like something that can be proved - if you release a model that can 1) is prone to hallucination 2) won't reject a priori discussing topics that are prone to producing libelous text, but may reject other sensitive topics 3) produce text that sounds convincing even when hallucinating, could that be considered reckless disregard for the possibility of creating/sharing false information?
See also https://reason.com/volokh/2023/03/24/large-libel-models-an-a...