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    Fox and Dominion settle for US$787.5m in defamation lawsuit over election lies

    Fox and the voting equipment company Dominion reached a $787.5m settlement in a closely watched defamation lawsuit, ending a dispute over whether the network and its parent company knowingly broadcast false and outlandish allegations that Dominion was involved in a plot to steal the 2020 election.The settlement came before scheduled opening statements and after an unexpected lengthy delay Tuesday afternoon just after the jury was sworn in. Neither party immediately disclosed the terms of the settlement other than the dollar amount, and attorneys for Dominion declined to answer questions about whether it requires Fox to issue a retraction or a formal apology.“The parties have resolved their case,” judge Eric Davis told jurors on Tuesday afternoon before excusing them from the courtroom.In a press conference outside the courthouse, Dominion attorney Justin Nelson said the more than $787m represented “vindication and accountability”. The settlement amount is less than half of the $1.6bn Dominion demanded in its lawsuit.“Truth matters,” he said. “Lies have consequences. The truth does not know red or blue,” he continued. “People across the political spectrum can and should disagree on issues, even of the most profound importance. But for our democracy to endure another 250 years and hopefully much longer, we must share a commitment to facts.”In a statement, Fox said the settlement reflects its “continued commitment to the highest journalistic standards”.“We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues,” the statement said.Opening statements were scheduled to start on Tuesday after a lunch break, but the judge and jurors did not return to the room until close to 4pm. During the more than two-hour delay, attorneys huddled and left the courtroom to convene in adjacent meeting rooms.After returning to the courtroom, Davis thanked the jurors for their service, and called the efforts by the lawyers on both sides “the best lawyering I’ve had, ever” in his career on the bench since 2010.The anticipated six-week jury trial was originally set to begin on Monday, but Davis, the judge overseeing the case, postponed the start of trial by a day as the sides worked to reach a settlement agreement.The trial in Wilmington, Delaware, was set to be a blockbuster media trial. Rupert Murdoch, the 92-year-old chief executive of Fox, was called to testify in the case, along with top Fox talent including Tucker Carlson, Sean Hannity, Jeanine Pirro and Maria Bartiromo.The lawsuit was seen as one of the most aggressive efforts to hold Fox, or any actor, accountable for spreading the lie that the 2020 election was stolen. It was a lie that led to threats against election officials across the country, and ultimately helped fuel the violent attack on the US Capitol on 6 January. Nine deaths have been linked to the event.Though the case was settled, Dominion had unearthed a stunning trove of internal communications from Fox laying bare how top talent and hosts knew the outlandish claims about Dominion and a stolen election were false. The extensive messages offered a remarkable insight into how some of the most powerful hosts in America did not buy the allegations they were broadcasting to their audience each night.Dominion, a relatively obscure company until the 2020 election, sought $1.6bn in damages in the case. It challenged repeated claims made on Fox’s air after the general election that Dominion switched votes, paid government kickbacks, and was founded in Venezuela to rig elections for Hugo Chávez.In the press conference Tuesday, Dominion CEO John Poulos called the settlement historic because of Fox’s admission that it was telling ties.“Throughout this process, we have sought accountability,” he said. “We believe the evidence brought to light through this case underscores the consequences of spreading lies. Truthful reporting in the media is essential to our democracy.”Even before trial, Davis had already concluded that Fox’s claims about Dominion were false. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” he wrote in a ruling earlier this month.The question that would have been before the jury was whether Fox committed “actual malice” in airing the claims. That required Dominion to show whether key decision makers were aware the claims were false or acted with reckless disregard for the truth.Fox still faces several legal battles related to its decision to broadcast false claims. Smartmatic, another voting equipment company, is suing the company for $2.7bn. Abby Grossberg, a former Fox employee who worked for Bartiromo and Carlson, is also suing the company, alleging she was coerced into giving misleading testimony.The network also faces a separate lawsuit from a shareholder who is seeking damages and argues that executives breached their fiduciary duty to the company by causing false claims about the election to be broadcast.During the press conference, Stephen Shackelford, an attorney who was set to give opening arguments for Dominion on Tuesday, said that the company will continue seeking accountability.“Money is accountability,” he said. “We got that today from Fox. But we’re not done yet. We’ve got some other people who have some accountability coming for them.” More

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    Fox and friends confront billion-dollar US lawsuits over election fraud claims

    Fox and friends confront billion-dollar US lawsuits over election fraud claims Rightwing networks Fox News, OAN and Newsmax could be found liable in cases brought by voting machine company DominionIn the months following the 2020 US presidential election, rightwing TV news in America was a wild west, an apparently lawless free-for-all where conspiracy theories about voting machines, ballot-stuffed suitcases and dead Venezuelan leaders were repeated to viewers around the clock.There seemed to be little consequence for peddling the most outrageous ideas on primetime.But now, unfortunately for Fox News, One America News Network (OAN), and Newsmax, it turns out that this brave, new world wasn’t free from legal jurisdiction – with the three networks now facing billion-dollar lawsuits as a result of their baseless accusations.Group aims to strip Fox News of ad revenue over ‘fueling next insurrection’Read moreIn June, Dominion Voting Systems, which provided voting machines to 28 states, was given the go-ahead to sue Fox Corp, the parent company of Fox News, in a case that could draw Rupert Murdoch and his son, Lachlan, into the spotlight.In the $1.6bn lawsuit, Dominion accuses Fox Corp, and the Murdochs specifically, of allowing Fox News to amplify false claims that the voting company had rigged the election for Joe Biden.Fox Corp had attempted to have the suit dismissed, but a Delaware judge said Dominion had shown adequate evidence for the suit to proceed. Dominion is already suing Fox News, as well as OAN and Newsmax.“These allegations support a reasonable inference that Rupert and Lachlan Murdoch either knew Dominion had not manipulated the election or at least recklessly disregarded the truth when they allegedly caused Fox News to propagate its claims about Dominion,” Judge Eric Davis said.Davis’s ruling is not a guarantee that Fox will be found liable. But the judge made it clear that this isn’t some frivolous attempt by Dominion – and media and legal experts think Fox could be in real trouble.“Dominion has a very strong case against Fox News – and against OAN for that matter,” said Ciara Torres-Spelliscy, a professor who teaches constitutional law at Stetson University and a fellow at the Brennan Center for Justice, a nonpartisan law and policy institute.“The reason Dominion is suing is because Fox and other rightwing news outlets repeated vicious lies that Dominion’s voting machines stole the 2020 election from Trump for Biden. But all of these conspiracy theories about Dominion’s machines were just pure bunk, and Fox as a news organization should have known that and not given this aspect of the big lie a megaphone.”“What’s particularly bad for Fox is [that] Dominion asked them to stop and correct the record in real time, and Fox persisted in spreading misrepresentations about the voting machine company.”Indeed, in his ruling, Davis noted that “other newspapers under Rupert Murdoch’s control, including the Wall Street Journal and New York Post, condemned President Trump’s claims and urged him to concede defeat”.In a statement, a Fox News spokesperson said: “Limiting the ability of the press to report freely on the American election process stands in stark contrast to the liberties on which this nation was founded, and we are confident we will prevail in this case, as the first amendment is the foundation of our democracy and freedom of the press must be protected.”A potential precedent in the Dominion v Fox case could be found in a recent case involving Sarah Palin, who sued the New York Times. Palin claimed the newspaper maliciously damaged her reputation by erroneously linking her campaign rhetoric to a mass shooting. In February a jury sided with the Times, finding that a Times employee had not acted with “actual malice” against a public figure or with “reckless disregard” for the truth – the criteria necessary to prove defamation.But the Times victory shouldn’t give Fox too much hope, said Torres-Spelliscy.“In the Palin case, the New York Times quickly corrected the mistake about Palin that had been added while an article was edited,” Torres-Spelliscy said.“By contrast Fox News kept up the bad behavior and repeatedly told myths about Dominion’s voting machines. This is likely why judges in several of these Dominion defamation cases have not dismissed them.”Dominion isn’t the only company seeking damages from Fox and its contemporaries.Smartmatic, an election software company which provided voting software to precisely one county in the 2020 election but found itself subjected to claims that it was founded “for the specific purpose of fixing elections” by associates of Hugo Chavez, the former president of Venezuela who died in 2013, is suing Fox Corp, Fox News and associates for $2.7bn.Still, Fox News is the most-watched and arguably most influential cable news channel in the US, and is probably too big to fail.But that isn’t the case for the smaller rightwing networks OAN and Newsmax, which are also both being sued by Dominion and Smartmatic – in June, a Delaware judge refused Newsmax’s motion to have the Dominion case dismissed, but did not weigh on whether Newsmax was innocent or guilty.“I think OAN is going to be wiped out from the litigation costs. Forget about any judgment,” said Angelo Carusone, president and chief executive of Media Matters for America, which monitors rightwing media.Carusone pointed out that OAN is already struggling to survive, after it was dropped by the DirecTV cable company – which was reportedly responsible for 90% of OAN’s revenue – in April.“We’ve started seeing, already, them scaling back programming, they’ve been laying off staff, they’ve been cutting back the number of programs. So it’s pretty clear that they don’t have sufficient resources to weather a protracted litigation.”Newsmax, which is still carried by DirecTV, is “relatively cash flush” in comparison to OAN, Carusone said – enough to survive a trial, if not to pay the billions of dollars Dominion and Smartmatic are seeking.In a statement, Newsmax said it had “reported on allegations made by President Trump and his surrogates and at no time did we report these allegations were true. We also reported on critics of the Trump claims”.It added: “The Dominion suit is an assault on a free press and endangers all press outlets if it were to prevail.”OAN did not respond to a request for comment.As for Fox, the most significant thing could be if the Murdochs are subjected to discovery – where they and Fox could be forced to hand over documents potentially including communications data – as part of the legal process, Carusone said.Text messages obtained by the January 6 commission have already revealed that there was communication between Fox News hosts and White House officials regarding the insurrection – and it seems unlikely that is the only thing that was discussed.“I think once you start to pull the discovery material, what you’re going to find is there was a lot of communication between the Trump people both internally and externally about pushing very specific lies and narratives,” Carusone said.While Fox is more financially comfortable than OAN and NewsMax, it is not invulnerable. Fox News is due to renegotiate its contracts with cable providers at the end of this year, and Carusone said cable companies could use the lawsuit to drive down prices.The Dominion and Smartmatic cases are likely to drag on for some time, and it remains to be seen how Fox News, OAN and NewsMax will react.As for the news channels’ conspiratorial claims of election fraud, at least that is one thing that has already been settled.The courts, the Department of justice, election officials have investigated and dismissed the accusations, as has the US Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency.“The November 3 election was the most secure in American history,” the agency said in a statement in 2020.“While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too.”William Barr, Trump’s attorney general, put it in rather less sophisticated terms.The claims of election interference, Barr told the January 6 committee, were “bullshit”.TopicsFox NewsUS politicsRepublicans21st Century FoxUS television industryTelevision industryUS press and publishingnewsReuse this content More