Voice of America
01 Apr 2023, 05:35 GMT+10
dover, delaware - A voting machine company's defamation case against Fox News over its airing of false allegations about the 2020 presidential election will go to trial after a Delaware judge on Friday ruled that a jury must decide whether the network aired the claims with actual malice, the standard for proving libel against public figures.
Superior Court Judge Eric Davis ruled that neither Fox nor Dominion Voting Systems had presented a convincing argument to prevail on whether Fox acted with malice without the case going to trial.
But he also ruled that the statements Dominion had challenged constitute defamation 'per se' under New York law. That means Dominion did not have to prove damages to establish liability by Fox.
'The evidence developed in this civil proceeding demonstrates that [it] is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,' Davis wrote in his summary judgment ruling.
The decision paves the way for a trial start in mid-April.
Dominion is suing the network for $1.6 billion, claiming Fox defamed it by repeatedly airing false allegations by then-President Donald Trump and his allies in the weeks after the 2020 election claiming the company's machines and its accompanying software had switched votes to Democrat Joe Biden.
The network aired the claims even though internal communications show that many of its executives and hosts didn't believe them.
The company sued Fox News and its parent, Fox Corp. Fox said it was simply covering newsworthy allegations made by a sitting president claiming his reelection had been stolen from him. In his ruling, Davis said Fox could not escape potential liability by claiming privileges for neutral reporting or opinion.
'FNN's failure to reveal extensive contradicting evidence from the public sphere and Dominion itself indicates that its reporting was not disinterested,' the judge wrote.
In a statement issued after the ruling, Dominion said it was gratified that the court had rejected Fox's arguments and found 'as a matter of law that their statements about Dominion are false. We look forward to going to trial.'
Fox emphasized that the case is about the media's First Amendment protections in covering the news.
'Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,' the network said in a statement.
The coverage fed an ecosystem of misinformation surrounding Trump's loss in 2020 that has persisted ever since.
Get a daily dose of New York Statesman news through our daily email, its complimentary and keeps you fully up to date with world and business news as well.
Publish news of your business, community or sports group, personnel appointments, major event and more by submitting a news release to New York Statesman.
More InformationVancouver, Canada: A high-stakes legal showdown is brewing in the world of athleisure. Lululemon, the Canadian brand known for its...
LONDON, U.K.: British oil giant Shell has denied reports that it is in talks to acquire rival oil company BP. The Wall Street Journal...
NEW YORK, New York - U.S. stock markets closed firmly in positive territory to start the week Monday, with the S&P 500 and Dow Jones...
WASHINGTON, D.C.: On Friday, President Donald Trump announced that he was halting trade discussions with Canada due to its decision...
LONDON, U.K.: A little-known investment fund based in the United Arab Emirates has emerged as the most prominent public backer of U.S....
SAN FRANCISCO, California: Across the U.S., a growing number of people are taking obesity treatment into their own hands — literally....
BEIJING, China: China's national soccer team may struggle to stir excitement, but its humanoid robots are drawing cheers — and not...
]LONDON, U.K.: A World Health Organization (WHO) expert group investigating the origins of the COVID-19 pandemic released its final...
DOVER, Delaware: California Governor Gavin Newsom has taken legal aim at Fox News, accusing the network of deliberately distorting...
FRANKFURT, Germany: Germany has become the latest country to challenge Chinese AI firm DeepSeek over its data practices, as pressure...
TORONTO, Canada: Harvard University and the University of Toronto have created a backup plan to ensure Harvard graduate students continue...
JERUSALEM, Israel: Israeli Prime Minister Benjamin Netanyahu says that Israel's success in the war with Iran could open the door to...