The Fox and Dominion companies settle $787 million defamation lawsuit
It turned out that Fox News‘ defamation case was not as entertaining as Succession. The news giant settled with Dominion Voting Systems on the first day of the trial, avoiding embarrassing revelations about the company.
A $787 million payout was included in the settlement, apparently enough to compensate Dominion for months of misleading claims regarding the 2020 presidential election.
A Delaware judge announced the settlement after jury selection and just before attorneys’ opening statements, The New York Times reports. Also, Dominion announced the payment in a press conference, saying Fox Corporation will not have to testify about Rupert Murdoch and Tucker Carlson, two of the company’s biggest names.
“Money is accountability and we got that today from Fox,” said Dominion attorney Stephen Shackleford, according to CNN reporter Oliver Darcy. Dominion had originally sought $1.6 billion.
In a statement, Fox News Media conceded parts of Dominion’s allegations in vague terms. “We are pleased to have reached a settlement of our dispute with Dominion Voting Systems,” it said.
“We acknowledge the Court’s rulings finding certain claims about Dominion to be false. This settlement reflects Fox’s 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.”
Full statement from Fox on Dominion settlement: pic.twitter.com/a98KlATBaH
— Herb Scribner (@HerbScribner) April 18, 2023
Fox pointed out that a judge had already ruled that Fox had inaccurately reported Dominion’s role in the election, including that it tried to covertly undermine Trump. It was still necessary for Dominion to prove Fox made these statements with “actual malice,” which would require demonstrating the statements were false or seriously doubted.
The fact that Fox was widely suspected of being in a weak position was widely acknowledged, even though it is difficult to meet the actual malice standard. The case surfaced text messages that revealed Fox News stars like Carlson were ambivalent about promoting Trump’s election lies, and just before the trial, it was sanctioned for withholding evidence.
Meanwhile, Smartmatic, another election tech company, is still suing Fox. In a statement to Semafor editor-in-chief Ben Smith, Smartmatic said it would continue to fight Fox.
“Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign. Smartmatic will expose the rest,” attorney Erik Connolly said, according to Smith’s Twitter feed.
Statement from Smartmatic lawyer Erik Connolly: “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign. Smartmatic will expose the rest. 1/2
— Ben Smith (@semaforben) April 18, 2023
“Smartmatic remains committed to clearing its name, recouping the significant damage done to the company, and holding Fox accountable for undermining democracy.”
Smartmatic remains committed to clearing its name, recouping the significant damage done to the company, and holding Fox accountable for undermining democracy.” 2/2
— Ben Smith (@semaforben) April 18, 2023
