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      Why Dominion is already the winner of the $1.6bn lawsuit against Fox News

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      As Fox News continued to broadcast lies about Dominion voting systems and the 2020 election, Tucker Carlson, one of its star hosts used one word over and over to describe what the network was doing – “reckless”.Those messages were the first pieces of evidence Justin Nelson, a lawyer representing Dominion, displayed on Tuesday as he began his argument for why a judge should rule the network defamed his client. “Reckless was a meaningful word” – in order to win the case, Nelson has to prove that Fox acted with “actual malice” – that its hosts, producers, and executives knew the statements were false or acted with reckless disregard to the truth.“Unlike every other single defamation case, we have in their own words the fact that they knew it was false,” Nelson said.It was an example that illustrated how the core of Dominion’s $1.6bn case against Fox are the words that came from the mouths of Fox’s employees. Regardless of what happens in the case going forward, Dominion may have already won: the messages offer a significant historical record of how top officials at one of America’s most powerful media organization aired information they knew was false when American democracy was under attack.The case has received an extraordinary amount of public attention and represents one of the most aggressive efforts to hold a party accountable for efforts to overturn the 2020 election, which culminated in the violent insurrection at the US Capitol on 6 January.There was the Fox employee who reviewed a script for Jeanine Pirro’s show and wrote that it was “rife with conspiracies”. There was the internal fact-checking operation, the Brain Room, which debunked the claims about Dominion and circulated it to Fox employees. There was another Fox employee who joked he was so familiar with fact-checked emails he received from Dominion that he had them “tattooed” on his body. There was the Fox employee who noted that any time Rudy Giuliani and Sidney Powell came on the network it was “guaranteed gold”, even as the network knew the claims they were pushing were false.Fox’s defamation defenses, while potentially legally potent, will not wipe out what has already been revealed. Erin Murphy, a lawyer representing the network, said in court this week that Fox can’t be held liable because it was merely airing allegations from representatives of the sitting president. Any reasonable viewer, she said, would have understood that they were allegations. Even if top Fox executives were generally aware of what was being broadcast and didn’t believe it, Murphy argued, that’s not enough to hold them liable. Eric Davis, the Delaware judge seemed skeptical of some those arguments.Tucker Carlson’s messages, Murphy pressed on, aren’t really relevant to whether other Fox officials knowingly broadcast false information.A jury will ultimately decide on the liability issues, but seeing one of the network’s most visible stars forcefully disagreeing with what was going on on-air will likely be what endures in the mind of the American public.Undergirding the litigation is also a dueling vision about the power of Fox and the role that it plays in American media. As Murphy, Fox’s lawyer, told it, Fox is just another news network where conservative opinions are sometimes sprinkled in on air. Its decision to air the allegations about Dominion were merely an attempt to help its viewers understand, she said, once comparing their work to C-Span, which strictly airs political proceedings with no commentary or narrative.But Dominion’s lawyers painted a more realistic picture of Fox, emphasizing the immense influence it has among conservatives. When the network chose to air the false claims about Dominion, it wasn’t just airing allegations, the lawyers said, it was pumping it into the veins of the American public. Fox didn’t just give Sidney Powell and Rudy Giuliani airtime, the network made them household names.There was a “deliberate decision … to release the kraken,” Rodney Smolla, another Dominion lawyer said on Tuesday, referring to Powell.Stephen Shackleford, another Dominion lawyer, made a similar point in his argument on Wednesday. He noted that when Powell began appearing on Fox, she hadn’t been formally hired by Trump and was being shut out of meetings at the White House. Fox still chose to give her a platform.“Sidney was hunting for someone to make her relevant and Fox made her relevant,” said Stephen Shackleford, another lawyer representing Dominion. “While it doesn’t matter legally, the historical record needs to be clear.”The full trial in the case is scheduled to begin on 17 April. More

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      With $1.6bn at stake, Fox News is suddenly interested in freedom of the press | Margaret Sullivan

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      As it tries to defend itself against the accusation that it knowingly spread lies about the 2020 presidential election, Fox News has touted some lofty notions about the role of journalism in a democratic society.“There will be a lot of noise and confusion generated by Dominion and their opportunistic private equity owners,” said a recent company statement, “but the core of this case remains about freedom of the press and freedom of speech, which are fundamental rights afforded by the Constitution and protected by New York Times v Sullivan.”The background, of course, is that Dominion Voting Systems is seeking $1.6bn in damages from the media giant, arguing that Fox News spread damaging falsehoods purporting that the voting machine company rigged the election to defeat Donald Trump. Dominion intends to show that network representatives at the highest levels – right up to Fox News’s founder, Rupert Murdoch – knew that this was utter nonsense, that the election was valid, and that their primary concern was not truth-telling but appeasing their disappointed pro-Trump audience.Don’t get me wrong. I believe press rights belong to a wide spectrum of media organizations, whatever their political leanings.But Fox’s reliance on first amendment protections – while part of a legal strategy that may prove successful in court – is the height of hypocrisy. America’s founders believed it was essential that American citizens be well-informed about the behavior of public officials and other powerful entities, and thus be capable of self-governance.The recent revelations from court filings, however, make it clear that such a noble mission was far from top of mind at Fox, not just in the aftermath of the 2020 election but going back years.Take, for example, one of the network’s biggest stars, Sean Hannity, who ventured far outside the bounds of journalistic norms when he appeared with Trump at a 2018 campaign rally. (Fox brass, normally tolerant of their stars’ excesses, went so far as to reprimand him.)Hannity, who has stated that he’s not a journalist, has played the role of a Trump insider – even an informal adviser to Republican officials. Recall his January 2021 text message to former chief of staff Mark Meadows and Republican congressman Jim Jordan: “Guys, we have a clear path to land the plane in 9 days,” apparently referring to persuading Trump to conclude his presidency peacefully before inauguration day.“When Hannity advised the president about the ongoing insurrection he did not do so as a journalist but as an ally, a confederate, a teammate, rather than an umpire or observer,” the famed first amendment lawyer Floyd Abrams told me last year, characterizing this as “non-journalistic behavior, in fact almost the precise opposite of journalistic behavior”.And given Fox’s clear reliance on the landmark press-rights case Times v Sullivan, why haven’t its journalists grilled their new heartthrob, the Florida governor, Ron DeSantis, about his newsworthy desire to weaken the journalistic protection it provides?DeSantis wants the courts to revisit Times v Sullivan, but somehow this doesn’t get the attention of Fox News interviewers. His alarming views on that landmark decision, which established a higher bar for defamation lawsuits involving public figures, haven’t provoked a single challenge in his 12 Fox appearances this year, according to a Media Matters for America database.Initially, Fox even forbade its own Howard Kurtz, who hosts a weekly show on the news media, from covering the Dominion case. After Kurtz, to his credit, publicly expressed his disagreement with that prohibition, and after plenty of outside criticism followed, the bosses relented long enough last weekend to let him discuss the case and call it a test of the first amendment.Meanwhile, Fox hosts for years have urged their grievance-hungry audience to despise journalists. (Granted, over the years, Fox has sometimes filed “friend of the court” briefs in support of other media outlets.)Rants against the media are a mainstay for personalities like Laura Ingraham, who drops disparaging phrases like “leftwing media hacks” and “regime media” into her segments.But it took Tucker Carlson – the very face of Fox News – to go further in a 2021 interview, calling mainstream journalists “cringing animals not worthy of respect”.“It just makes me sick. I really hate them,” said Carlson, who more recently has been busy portraying the violent insurrection on 6 January 2021 as a largely peaceful protest or even a friendly tourist visit.Yet somehow, when it comes time to defend the network’s profit-driven willingness to circulate lies, Fox News is eager to claim solidarity with those supposedly despicable cowards. Now, you see, it’s all about journalists standing together, arm-in-arm, on the very underpinnings of American democracy.I’m all for press rights and for applying them broadly. But somehow, I don’t think this was what the founders had in mind.Fox News doesn’t deserve the second word in its name.
      Margaret Sullivan is a Guardian US columnist writing on media, politics and culture More

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      Murdoch feared Fox News hosts went ‘too far’ on Trump election lie, files show

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      Murdoch feared Fox News hosts went ‘too far’ on Trump election lie, files showEmail from billionaire mogul among reams of new evidence unsealed in defamation suit brought by Dominion Voting SystemsRupert Murdoch said Fox News hosts Sean Hannity and Laura Ingraham maybe “went too far” in their coverage of Donald Trump’s voter fraud lie, according to an email submitted as evidence in a defamation lawsuit brought by an election operations company.Tucker Carlson, who ‘passionately hates’ Trump, shows more Capitol footageRead moreDominion Voting Systems is suing Fox News for $1.6bn, accusing the cable TV network of amplifying debunked allegations that their voting machines were used to rig the 2020 US presidential election against Trump, in favour of Joe Biden.Documents that became public on Tuesday offered a window into Fox’s internal deliberations. They show executives, producers and hosts discussing concerns about the network’s reputation and casting doubt on the plausibility of Trump’s claims.More than 6,500 pages were released. The full extent of the evidence is not clear as many filings are heavily redacted.In one exhibit, Murdoch, now 91 and chairman of Fox Corporation, emailed the Fox News president, Suzanne Scott, the day after Biden’s inauguration, asking: “Is it ‘unarguable that high-profile Fox voices fed the story that the election was stolen and that January 6th an important chance to have the result overturned’? Maybe Sean and Laura went too far. All very well for Sean to tell you he was in despair about Trump, but what did he tell his viewers?”In an earlier exchange, Murdoch wrote that it had been suggested that primetime hosts say something like “the election is over and Joe Biden won”. Murdoch told Scott some version of this would “go a long way to stop the Trump myth that the election stolen” and reasoned that Trump would “concede eventually”.According to the Dominion filings, Murdoch emailed a friend that the notion state legislators could change the election outcome – an idea gaining traction on the right – “sound[s] ridiculous. There’d be riots like never before.”“Stupid and damaging,” Murdoch continues, referring to a news conference by the then Trump lawyer Rudy Giuliani. “The only one encouraging Trump and misleading him. Both increasingly mad. The real danger is what he might do as president.”In a text, Murdoch described the claims of election fraud as “really crazy stuff”.These exhibits and other material included in Dominion’s summary judgment motion are part of the company’s effort to prove Fox News either knew the statements it aired were false or recklessly disregarded their accuracy. That is the standard of “actual malice”, which public figures must prove in defamation cases.Federal and state election officials and Trump’s own attorney general found no fraud that could have changed the outcome of the election. Trump’s allegations have been rejected by dozens of courts, including by judges he appointed.The lawsuit has given a stunning insight into the gap between what Fox News presented to millions of viewers and what its top stars thought and said in private, as well as their dread of losing audience to competitors.Two days before the January 6 insurrection, the host Tucker Carlson texted a producer to say: “We are very, very close to being able to ignore Trump most nights. I truly can’t wait. I hate him passionately.”In an exchange more than a month earlier, Carlson said what Trump “is good at is destroy[ing] things. He could easily destroy us if we play it wrong.”Fox News argues claims by Trump and his lawyers were inherently newsworthy and protected by the constitution. The network said in a statement the newly released documents show Dominion using “distortions and misinformation” to “smear Fox News and trample on free speech”.Fox News has said that Dominion’s “extreme” interpretation of defamation law would chill press freedom.Its evidence includes more context of testimony and messages that it says Dominion “cherry-picked” and “misrepresented”.For example, Fox News cites additional testimony by the Fox Corp chief executive, Lachlan Murdoch, who said under oath he was “concerned” but “not overly concerned” by declining ratings after the election.In a reply brief, Dominion pushes back: “The charges Fox broadcast against Dominion are false. Fox does not spend a word of its brief arguing the truth of any accused statement.”“Finally, Fox has conceded what it knew all along,” the brief reads.The exhibits released on Tuesday had several references to accusations against Dominion made by the Trump lawyer Sidney Powell. In one email, the Fox News host Dana Perino referenced a Powell interview with another host, Maria Bartiromo, saying “this is nuts”. Carlson said in a text message: “Sidney Powell is lying.”In another exhibit, Hannity said he was giving Powell time to produce evidence but stopped having her appear on-air after she failed to deliver. Hannity has been quoted by Dominion during a deposition as saying he “did not believe” claims by Powell “for one second”.In his own deposition in January, Murdoch was asked by a lawyer for Dominion, “Do you believe that the 2020 presidential election was free and fair?”The media mogul replied: “Yes.”He added later: “The election was not stolen.”A Dominion spokesperson said the “emails, texts, and deposition testimony speak for themselves. We welcome all scrutiny of our evidence because it all leads to the same place – Fox knowingly spread lies causing enormous damage to an American company.”The trial, set to begin on 17 April, is slated to last five weeks. But there is little sign of it making an impact on the tone and tenor of Fox News coverage. Carlson has this week used footage of the deadly January 6 attack to falsely portray it as a largely peaceful gathering, earning rebukes from Democrats and Republicans in Congress.Michael Steele, former chairman of the Republican National Committee, said: “It wasn’t about the country, it was about the ratings. It wasn’t about objective, honest journalism. It was about Maga [Make America great again, Trump’s slogan] propagandism.“It’s about further ingratiation of Fox and its cohorts, the folks on TV, being loyal to Trump to the point that they were so afraid of losing him. It is like the worst, most dependent relationship in history because the consequences go beyond Fox and Trump.”Reuters contributed reportingTopicsRupert MurdochUS politicsFox NewsUS television industrySean HannityUS elections 2020Joe BidennewsReuse this content More

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      Rupert Murdoch feared Fox hosts may have gone ‘too far’ on 2020 voter fraud claims, court files show

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      Rupert Murdoch feared Fox hosts may have gone ‘too far’ on 2020 voter fraud claims, court files showEmail from Murdoch among reams of new evidence unsealed in defamation lawsuit brought by Dominion Voting Systems against FoxRupert Murdoch said that Fox News hosts Sean Hannity and Laura Ingraham maybe “went too far” in their coverage of voter fraud claims, according to an email submitted as evidence in the defamation lawsuit brought by Dominion Voting Systems against Fox.Dominion is suing Fox News Networks for $1.6bn, accusing the cable TV network of amplifying debunked claims that their voting machines were used to rig the 2020 US presidential election against Donald Trump, in favor of his rival Joe Biden.The reams of documents that became public on Tuesday offer a window into Fox’s internal deliberations as it covered the election. They show top executives, producers and hosts discussing concerns about the network’s reputation and casting doubt on the plausibility of Trump’s claims of election fraud.Stunning Rupert Murdoch deposition leaves Fox News in a world of troubleRead moreMore than 6,500 pages were released on Tuesday, although the full extent of the evidence is not clear as many filings are heavily redacted.In one exhibit, Murdoch, chairman of the Fox Corporation, emails Fox News president Suzanne Scott the day after Joe Biden’s inauguration, asking: “Is it ‘unarguable that high profile Fox voices fed the story that the election was stolen and that January 6th an important chance to have the result overturned’? Maybe Sean and Laura went too far. All very well for Sean to tell you he was in despair about Trump but what did he tell his viewers?”In an earlier exchange with Scott, Murdoch wrote that it had been suggested to him that the network’s primetime hosts say something like “the election is over and Joe Biden won.” Murdoch told Scott that some version of this would “go a long way to stop the Trump myth that the election stolen.”According to Dominion’s unsealed filings, Murdoch emailed a friend that the notion state legislators could change the election outcome – an idea that had been gaining traction on the right – “sound ridiculous. There’d be riots like never before.”“Stupid and damaging,” Murdoch continued, referring to a news conference by then-Trump lawyer Rudy Giuliani. “The only one encouraging Trump and misleading him. Both increasingly mad. The real danger is what he might do as president.”These exhibits and other material included in Dominion’s summary judgment motion are part of the voting machine company’s effort to prove the network either knew the statements it aired were false or recklessly disregarded their accuracy. That is the standard of “actual malice,” which public figures must prove to prevail in a defamation case.Fox has defended its coverage, arguing claims by Trump and his lawyers were inherently newsworthy and protected by the first amendment of the US constitution. The network said in a statement the newly released documents show Dominion using “distortions and misinformation” to “smear Fox News and trample on free speech.”Fox has said that Dominion’s “extreme” interpretation of defamation law would “stop the media in its tracks” and chill freedom of the press.Fox’s evidence includes more context of testimony and messages that it says Dominion “cherry-picked” and “misrepresented” in its summary judgment filing.For example, Fox cites additional testimony by Fox Corp co-chairman and CEO Lachlan Murdoch, who said under oath that he was “concerned” but “not overly concerned” by declining ratings after the election.Dominion has alleged Fox continued to push the stolen election narrative because it was losing viewers to right-wing outlets that embraced it.In another exhibit, Fox News host Hannity said that during an interview with Trump lawyer Sidney Powell, he was giving her time to produce evidence but stopped having her appear on-air after she failed to deliver. Hannity has been quoted by Dominion during a deposition as saying he “did not believe” claims by Trump’s lawyer “for one second.”A Dominion spokesperson said in a statement that the “emails, texts, and deposition testimony speak for themselves. We welcome all scrutiny of our evidence because it all leads to the same place – Fox knowingly spread lies causing enormous damage to an American company.”The trial, set to begin on 17 April, is slated to last five weeks.TopicsRupert MurdochUS politicsFox NewsUS television industrySean HannityReuse this content More

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      Fox News reportedly imposes ‘soft ban’ on Donald Trump

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      Fox News reportedly imposes ‘soft ban’ on Donald TrumpThe former president has not made a weekday showing on the channel since appearing on Sean Hannity’s show in SeptemberFox News has imposed a “soft ban” on Donald Trump appearing on the channel, his inner circle is reportedly complaining, even as the broadcaster extends a warm invitation to other Republican hopefuls in next year’s presidential election.Trump not entitled to immunity from civil suits over Capitol attack, says DoJRead moreThe news startup Semafor reports that the cooling of relations between the former president and his once-beloved cable news channel has gone so far that a “soft ban” or “silent ban” is now holding Trump at arm’s length. The former US president has not made a weekday showing on Fox News since he chatted with his closest friend among the network’s star hosts, Sean Hannity, in September.Meanwhile, Trump’s rivals for the 2024 Republican presidential nomination are currently frequent guests on Fox. Media Matters for America, a watchdog that keeps a close eye on the network’s output, has counted seven weekday appearances by the former governor of South Carolina Nikki Haley since she launched her presidential bid last month.Even the lesser known right-wing activist and entrepreneur Vivek Ramaswamy, who threw his hat into the ring last week, has appeared four times on Fox. Florida’s rightwing governor, Ron DeSantis, who is widely expected to compete with Trump though he has yet to declare, is also repeatedly seen on the network.Semafor said it based its story on information supplied by four members of Trump’s circle. It quoted an unnamed individual “close to Trump” saying: “Everyone knows that there’s this ‘soft ban’ or ‘silent ban’. It’s certainly – however you want to say, quiet ban, soft ban, whatever it is – indicative of how the Murdochs feel about Trump in this particular moment.”The Guardian asked Fox News to confirm or deny the existence of such a ban, but did not immediately receive a reply.The undeniable tailing off of Trump’s exposure on Fox comes at a tense moment for the network, which is battling a $1.6bn lawsuit from the voting machines company Dominion. The suit claims that Fox News Network, with the complicit approval of its parent company Fox Corp, allowed wild defamatory conspiracy theories to proliferate on its platform, falsely accusing Dominion machines of stealing the 2020 presidential election from Trump by flipping votes from him to Joe Biden.In excerpts of a deposition given in the case by Rupert Murdoch in January, the owner and chair of Fox Corp admitted that he knew that several Fox hosts were endorsing lies about the election being stolen from Trump yet he chose not to stop them. Legal and media experts have suggested that the admission places Murdoch’s empire in considerable legal and financial peril.During Trump’s rise to the White House in 2015-16, and his ensuing years in office, he was virtually inseparable from Fox News. He regularly made impromptu calls into his favourite shows, and in the single year 2019 posted 657 tweets responding to content aired by the channel or its sister outlet Fox Business.In the immediate aftermath of Trump’s defeat in the November 2020 election, Fox hosts were permitted to continue broadcasting lies about massive voter fraud. But since the stolen election campaign reached its nadir on 6 January 2021, with the insurrection at the US Capitol, followed later that year by the lodging of lawsuits by Dominion and another voting machine company, Fox has gradually backed away.In turn, Trump has increasingly vented his anger towards his former media friend. This week he posted a rant on his social media platform Truth Social in which he accused Murdoch himself of peddling “fake news” after the Fox chief was revealed to have said in a deposition that he did not believe the stolen election lie from the beginning.“If Rupert Murdoch honestly believes that the presidential election of 2020, despite massive amounts of proof to the contrary, was not rigged & stolen, then he & his group of Maga hating globalist Rinos [Republicans in name only] should get out of the news business as soon as possible,” Trump said.There is no evidence that the election was rigged, as numerous top officials, including Trump’s own former US attorney general Bill Barr, have attested.TopicsDonald TrumpRupert MurdochFox NewsFoxUS politicsnewsReuse this content More

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      Stunning Rupert Murdoch deposition leaves Fox News in a world of trouble

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      Stunning Rupert Murdoch deposition leaves Fox News in a world of troubleMedia mogul’s admission in Dominion Systems election case that he let cable network broadcast falsehoods stuns observersIn his 71 years as a media executive, Rupert Murdoch has proved himself to be a grand master in the arts of survival. He has weathered bruising battles with British trade unions, the phone hacking scandal, countless ratings wars and a volatile private life, all the while growing his News Corp empire into global colossus.It was against this seven-decade backdrop of seeming invincibility that news of Murdoch’s deposition in the $1.6bn Dominion Voting Systems lawsuit against Fox News Networks and its parent company Fox Corp dropped like a bomb. Not only did he admit that he knew that Fox News hosts spread lies about the 2020 presidential election being stolen from Donald Trump, but he confessed that he had allowed them to keep on doing so on air to millions of viewers.Rupert Murdoch testified that Fox News hosts ‘endorsed’ stolen election narrativeRead moreTo say that the 91-year-old’s statement astounded close Murdoch watchers would be an understatement. “I was shocked,” said Angelo Carusone, president of the watchdog Media Matters for America. “It is stunning, as it not only exposes a lot about how Fox works, it opens them up to potentially cascading litigation and liability.”Fox News and its parent company now face escalating damage on two fronts: to its reputation as a journalism outlet that ostensibly pays lip service to truth and accuracy – and to the financial health of the operation. Media and legal experts told the Guardian that, partly as a result of his stunning testimony, Murdoch can now expect potentially severe injury to both.A former Republican strategist who co-founded the anti-Donald Trump Lincoln Project, Rick Wilson, said that the reputational damage was self-evident. “This is so profoundly cynical, and deeply corrosive to the role of the largest cable news network in the country,” Wilson remarked. “They admittedly engaged in fraud and lied to their audience.”Wilson predicted that there would be fallout for Fox News in terms of defections from viewers angered by the admission as much as the substance of it. He said: “There’s been worry at Fox for some time now that they’re losing their iron grip on their audience. We are going to see a migration now of Fox News viewers to even further-right outlets like Newsmax and OANN.”Brian Stelter, the former anchor of CNN’s media show Reliable Sources who is now a media and democracy fellow at Harvard’s Shorenstein Center, told the Guardian that Fox News would be cushioned by its financial success. “It’s a license to print money,” he said. “It is facing large potential damages which may be a major blow, but not a death blow.”What would hurt most, Stelter suggested, would be the realization among the Fox News base that they had been served a dishonesty. “The most damning headlines to come so far are about the gap between what Fox News hosts say in public and private,” he said. “Even if a little of that seeps into the Fox bloodstream, it still has an impact.”In his deposition, Murdoch – whose newspaper holdings include the Sun in the UK and the Wall Street Journal – made an admission that could have dire consequences, not only reputationally but also to the Dominion lawsuit on which a lot of money is riding.Under heavy pressure from Dominion’s lawyers, he admitted that several Fox News hosts – Lou Dobbs, Maria Bartiromo, Jeanine Pirro and Sean Hannity – had endorsed the lie that the 2020 presidential election was stolen from Trump and handed to Joe Biden.“Some of our commentators were endorsing it,” he said. “Yes. They endorsed.”Murdoch tried to make a distinction between the hosts – “commentators” he called them – who were making false claims of election fraud and Fox itself. But in other parts of his devastating testimony, he admitted that he chose not to keep election deniers such as Rudy Giuliani off the air even though he had the power to do so.He also tried to justify allowing Mike Lindell, an avid conspiracy theorist, to run MyPillow ads on the network as a purely financial decision. “It is not red or blue, it is green,” he said.In a statement, Fox accused Dominion of attempting to “publicly smear Fox for covering and commenting on allegations by a sitting president of the United States”.The company called the argument put forward in the lawsuit a “blatant violation of the first amendment” right to free speech and said it represented “an extreme, unsupported view of defamation law that would prevent journalists from basic reporting”.The word “endorsed” in Murdoch’s deposition could be critical. Under the first amendment’s protection of free speech, Dominion would have to prove “actual malice” in its defamation case against Fox. “It has to show they not only knew these claims were false, but continued to push them with a reckless disregard for the truth,” Carusone said. “‘Endorsement’ neutralizes one of the most important defenses Fox could have used.”The Media Matters president added that, in his view, Murdoch’s extraordinary deposition – so out of kilter with his previous consummate survivor’s record – could be put down largely to hubris. “I think it was hubris,” Carusone said. “He thought he was untouchable.”Carusone pointed to another potential devastating part of the newly released depositions – the testimony of the Republican former US House speaker Paul Ryan. The depositions revealed that Ryan had implored Murdoch to “move on from Donald Trump and stop spouting election lies”.Ryan now sits on the Fox Corp board of directors. “This is catastrophic, frankly,” Carusone said. “It opens the door to litigation from shareholders, given that their own board member tried to stop this.”RonNell Andersen Jones, a media law professor at the University of Utah, said that the deposition could prove highly damaging in the ongoing Dominion case. She said: “It adds some key factual support for the narrative that Fox made a conscious decision to tell a knowing lie and that it did so to win back viewers who were defecting.”She predicted that the revelations would spur “much larger conversations about the stolen election lie and the role Fox and Murdoch played in perpetuating it”.TopicsRupert MurdochUS politicsFox NewsfeaturesReuse this content More

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      Rupert Murdoch testified that Fox News hosts ‘endorsed’ stolen election narrative

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      Rupert Murdoch testified that Fox News hosts ‘endorsed’ stolen election narrativeNetwork owner also admitted in $1.6bn defamation lawsuit deposition that Trump’s claims were ‘damaging to everybody’Newly released court documents reveal that Rupert Murdoch, the billionaire owner of Fox News, acknowledged under oath that several Fox News hosts endorsed Donald Trump’s lie that the 2020 election was stolen from him.The mogul made the admission during a deposition in the $1.6bn defamation lawsuit brought against the network by the voting machine company Dominion Voting Systems, which has accused Fox News and its parent company, Fox Corporation, of maligning its reputation. In his deposition, Murdoch said that the hosts Maria Bartiromo, Lou Dobbs, Sean Hannity and Jeanine Pirro “endorsed” the false narrative promoted by Trump.Will a $1.6bn defamation lawsuit finally stop Fox News from spreading lies? | Margaret SullivanRead more“I would have liked us to be stronger in denouncing it in hindsight,” Murdoch said in the deposition, the New York Times reported on Monday.In previous court filings, attorneys for Dominion have argued that Fox News hosts ridiculed Trump’s false claims of a “stolen election” while promoting those lies on television. While Sean Hannity pushed that narrative on his prime-time show, he allegedly wrote that Trump was “acting like an insane person”.Even Murdoch himself dismissed Trump’s claims, describing the former president’s obsession with proving the election was stolen as “terrible stuff damaging everybody”.Murdoch acknowledged in his deposition that he could have ordered the network not to platform Trump lawyers such as Sidney Powell and Rudy Giuliani on its programs: “I could have. But I didn’t,” he said.Dominion’s defamation case is being described as a “landmark”. A Harvard law professor recently told the Guardian he had “never seen a defamation case with such overwhelming proof that the defendant admitted in writing that it was making up fake information in order to increase its viewership and its revenues”.How Dominion Voting Systems filing proves Fox News was ‘deliberately lying’Read moreThe Fox hosts were also privately critical of members of Trump’s team, including Sidney Powell, an attorney who claimed that Dominion’s machines had changed votes cast for Trump to Joe Biden. In a deposition, Hannity said: “That whole narrative that Sidney was pushing, I did not believe it for one second”.Still, the network continued to give coverage to proponents of the election fraud narrative as it feared upsetting its viewers. In a conversation about the network’s coverage of the issue on 5 January 2020 – a day before rioters stormed the US Capitol in an attempt to stop the election from being certified – Suzanne Scott, the Fox News media chief executive, and Murdoch debated whether Fox hosts should acknowledge Trump’s defeat and admit that Biden won. “We need to be careful about using the shows and pissing off the viewers,” Scott told Murdoch.Dominion sued Fox News and parent company Fox Corporation in March 2021 and November 2021 in Delaware superior court, alleging the cable TV network amplified false claims that Dominion voting machines were used to rig the 2020 election against Trump, a Republican who lost to Democratic rival Biden. Dominion’s motion for summary judgment was replete with emails and statements in which Murdoch and other top Fox executives say the claims made about Dominion on air were false – part of the voting machine company’s effort to prove the network either knew the statements it aired were false or recklessly disregarded their accuracy.In its own filing made public on Monday, Fox argued that its coverage of statements by Trump and his lawyers were inherently newsworthy and that Dominion’s “extreme” interpretation of defamation law would “stop the media in its tracks”.Reuters reported that a Fox spokesperson said that Dominion’s view of defamation law “would prevent journalists from basic reporting”.A trial is scheduled to begin in mid-April.Reuters contributed reportingTopicsRupert MurdochFox NewsUS elections 2020Donald TrumpUS politicsTV newsTelevision industrynewsReuse this content More