Big Lie Could Mean Big Trouble for Fox News in Defamation Case

Smartmatic’s defamation lawsuit in opposition to Fox News for its protection of Donald Trump’s “Big Lie” could proceed to discovery after a New York decide denied Fox News’s movement to dismiss, citing the “litany of outrageous claims” about Smartmatic that Fox News propagated.

This ruling, though noteworthy, shouldn’t be of concern to most media shops. As an alternative, this case is exclusive in that the allegedly defamatory statements in query have been repeated with nice frequency regardless of being demonstrably false. Even so, the ruling is probably going important for Fox News. As a result of Smartmatic’s claims have survived Fox News’s movement to dismiss, the lawsuit could proceed to discovery, which is prone to be expensive and burdensome. Right here we take a more in-depth have a look at what occurred in this case.


Smartmatic is an election know-how and software program firm that supplied companies to Los Angeles County, California in reference to the 2020 presidential election. Following the 2020 presidential election, Fox News and its workers and friends made numerous false statements in which they claimed that Smartmatic and its software program “stole” the election from Donald Trump. For instance, Fox News workers and friends claimed on air that Smartmatic machines had been utilized by a number of swing states in the 2020 election; that Smartmatic had been based “for the specific purpose of fixing elections”; that Smartmatic had beforehand fastened quite a few elections in Venezuela and Argentina; and that Smartmatic software program had “dumped” votes for Trump and “flipped” these votes to Joe Biden.1

Smartmatic sued Fox News and a few of its workers and friends for defamation, alleging that Fox News had no factual foundation for the statements it made about Smartmatic, and that these statements have been made with precise malice as a result of Fox News knew or ought to have identified that they have been false.

In defamation lawsuits involving public figures or, in jurisdictions like New York, statements made in a public discussion board, plaintiffs should reveal that the allegedly defamatory assertion was made with precise malice. To find out whether or not an announcement was made with precise malice, courts think about components comparable to the next:

  • Whether or not the assertion is fabricated or primarily based on unverified sources

  • Whether or not the assertion is “so inherently implausible” that circulation of that assertion could be reckless

  • Whether or not there are apparent causes to doubt the truthfulness of the supply or the accuracy of that supply’s info

Fox News moved to dismiss the defamation claims, arguing that it was merely reporting about Trump’s “newsworthy” makes an attempt to problem the outcomes of the election.

The Court docket’s Choice

The courtroom denied Fox News’s movement to dismiss, ruling that Smartmatic sufficiently pleaded precise malice by alleging that Fox News both (a) knew that its claims that Smartmatic had stolen the election have been false or (b) acted with reckless disregard for the reality in making these statements.

The courtroom relied on the sheer quantity and absurdity of the claims that Fox News broadcast about Smartmatic in discovering that Fox News knew or ought to have identified that the statements made by its workers and friends have been false. These statements, the courtroom defined, have been “so inherently improbable” that even when Fox News didn’t knowingly broadcast the false statements, there was a foundation to seek out that Fox News “turned a blind eye” to the falsity of the statements and due to this fact confirmed a reckless disregard for the reality.

Fox News was not capable of insulate itself from the defamation claims by claiming that the community itself made no particular defamatory assertion about Smartmatic. Equally, the truth that Fox News’ workers “occasionally mentioned” that Smartmatic “denied their misrepresentations” doesn’t shield Fox News from legal responsibility. By broadcasting the statements in query on its community, Fox News could also be liable for defamation.

Nor may Fox News defend in opposition to the defamation claims with the impartial reporting privilege. In some states, the “neutral reporting privilege” protects individuals who republish defamatory statements, as long as the statements have been made a few public determine and have been reported precisely and with out bias. It isn’t clear whether or not New York acknowledges this privilege, and the courtroom didn’t apply it to the allegations in this case. Based mostly on the courtroom’s evaluation, it most likely wouldn’t have utilized the impartial reporting privilege to Fox News’s alleged conduct even when that privilege have been acknowledged underneath New York legislation.

[1] Choice and Order on Movement, Smartmatic USA Corp. v. Fox Corp., No. 151136/2021 (Sup. Ct. New York Co. Mar. 8, 2022).

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