Fox News braces for more turbulence as second defamation lawsuit advances

Magnus

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Jun 22, 2020
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As Rupert Murdoch’s Fox Corporation battles to contain the Dominion lawsuit scandal that has engulfed its top executives and stars, another crisis is building in the wings that has the potential to cause further turbulence for the media empire.

Smartmatic USA Corporation’s lawsuit against Fox News has attracted only a fraction of the attention garnered by the legal action of Dominion Voting Systems. Yet both firms are suing Fox for defamation related to its coverage of Donald Trump’s stolen-election lie, and both pose a serious threat to Fox’s finances and reputation.

In fact, on paper Smartmatic’s suit appears to be the more dangerous. It’s demanding damages of $2.7bn, compared with Dominion’s $1.6bn.

Smartmatic, a global election technology company headquartered in London, lodged its defamation suit in February 2021. “The Earth is round,” was the complaint’s striking opening sentence. “Two plus two equals four. Joe Biden and Kamala Harris won the 2020 election … ”

The complaint goes on to argue that, contrary to these indisputable facts, Fox News broadcast a series of blatant lies in support of Trump’s stolen election conspiracy theory. “Defendants did not want Biden to win the election. They wanted President Trump to win re-election … They also saw an opportunity to capitalize on President Trump’s popularity by inventing a story.”

Fox broadcast that Smartmatic shared its technology with Dominion, when in fact the two companies had no communication and regarded each other as rivals. Smartmatic was in cahoots with foreign governments in a conspiracy to rig the vote for Biden, Giuliani said on Bartiromo’s show – a claim that the company disputes as false and defamatory.

Fox also described Smartmatic as having been founded in Venezuela at the behest of corrupt dictators. In fact, it was founded by Antonio Mugica and Roger Piñate in 2000 in Boca Raton, Florida, in the wake of the “hanging chad” fiasco, with the aim of using technology to restore people’s faith in election results

David Cohen, the New York supreme court justice presiding over the litigation, has indicated that the company has a strong enough case to go to trial.

In last week’s ruling, Cohen found that “at a minimum, Fox News turned a blind eye to a litany of outrageous claims” about Smartmatic. “Plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”

 
Yeah, I guess this kind of thing was inevitable. We could see this kind of thing all over the place before long.

There are so many outlets saying so many questionable things that there's a lot of low-hanging fruit.
Don't jump to conclusions. The defamation standard against newspapers and public figures is "actual malice", and not just false or reckless disregard. The plaintiff has to show that not only did they know it was false, not only that they didn't care that it was false, but that they made a conscience decision to put out knowingly false information, knowing it would be a great harm to the subjects livelihood or reputation.

A very high bar. But one which Fox News knowingly and for financial reasons exceeded.
 
Fox broadcast that Smartmatic shared its technology with Dominion, when in fact the two companies had no communication and regarded each other as rivals. Smartmatic was in cahoots with foreign governments in a conspiracy to rig the vote for Biden, Giuliani said on Bartiromo’s show – a claim that the company disputes as false and defamatory.
A lie Fox knew to be false.
 
Liberals better be careful what they wish for...right now at FOX people like Tucker are controlled. The only thing smaller conservative networks are missing is a big name.
 
Lies have some protections under the Constitution ... I was taught in California to always be cautious about what I hear on TV ... that all news casts are biased ...

If you want to believe Cher Bono bore a three-headed lizard monster, the Bermuda Triangle and climate change ... then go ahead, I don't care ...

2 + 2 = 4 ... duh ... except on IRS form 4562, here it equals $45,728.00 ... deduct away kids ...
 
News networks have been feeding us false information for years.
 
Don't jump to conclusions. The defamation standard against newspapers and public figures is "actual malice", and not just false or reckless disregard. The plaintiff has to show that not only did they know it was false, not only that they didn't care that it was false, but that they made a conscience decision to put out knowingly false information, knowing it would be a great harm to the subjects livelihood or reputation.

A very high bar. But one which Fox News knowingly and for financial reasons exceeded.
Fox openly admits to actual malice in order to maintain ratings

Get out the checkbook
 
Lies have some protections under the Constitution ... I was taught in California to always be cautious about what I hear on TV ... that all news casts are biased ...

If you want to believe Cher Bono bore a three-headed lizard monster, the Bermuda Triangle and climate change ... then go ahead, I don't care ...

2 + 2 = 4 ... duh ... except on IRS form 4562, here it equals $45,728.00 ... deduct away kids ...

If you are going to publicly smear a corporation based on lies you know are incorrect you are guilty

Fox made that choice
 

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