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MediaUnited States of America

Fox News to face trial by jury over Dominion defamation

April 1, 2023

A jury will decide whether the television network defamed Dominion Voting Systems by falsely claiming the 2020 election votes were rigged. It is likely the parties could settle the case.

https://p.dw.com/p/4PZoB
A voter takes part in midterm elections on Election Day on November 8th, 2022 in Atlanta, Georgia using voting machines manufactured by the company Dominion.
The voting machine manufacturer Dominion sued Fox, arguing it had knowingly damaged the company's brand with its coverageImage: Nathan Posner/AA/picture alliance

The $1.6 billion (roughly €1.47) lawsuit against Fox News will go to trial on April 17, a judge ruled on Friday, as the giant news network is accused of airing vote-rigging claims it knew to be false after the 2020 US election.

Fox had filed a motion seeking the dismissal of the case. But Delaware Superior Court Judge Eric Davis dismissed the bid on Friday, saying that Dominion had proven some elements of the defamation claim and that a jury should hear the case. 

The jury should decide whether Fox acted with actual malice, and whether Dominion voting system suffered any damages due to Fox's reporting.

The trial, which Fox had been eager to avoid, is expected to last four weeks. However, a settlement between the concerned parties is still possible.

What happened with Fox's coverage of the election?

After the US 2020 presidential elections, Fox carried false claims by former President Donald Trump and his lawyers that the Dominion voting machines used in the election were utilized to rig the outcome in favor of Joe Biden.

Dominion said in court filings that Fox personnel at every level, from producers all the way up to Chairman Rupert Murdoch, were aware the claims were false. It cited internal emails, texts and disposition testimony as evidence, arguing that the network acted with "actual malice."

The bar for libel prosecution in the US is notoriously high. It is necessary to prove either that the accused knew they were not telling the truth, or demonstrated a reckless disregard for the accuracy of their allegations.

A Dominion Voting Systems voting machine is seen in Atlanta, on Sept. 16, 2019.
Several companies make voting machines that are used in the US, but most post-election conspiracy theories circulating late in 2020 focused on Dominion specificallyImage: John Bazemore/AP/picture alliance

Fox has meanwhile focused its defense on the First Amendment, arguing that it was either reporting on the allegations without endorsing them, or letting individual anchors provide their opinion in segments labeled as such.

It has also criticized Dominion's lawsuit for what it said was an overly broad interpretation of defamation law, arguing it was a threat to freedom of the press.

"This case is and always has been about the First Amendment protections of the media's absolute right to cover the news," Fox said in a statement. "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.”

rmt/msh (AP, Reuters)