Murdoch must face Smartmatic in court
January 10, 2025
A New York State appeals court has rejected a request by Fox Corporation to dismiss part of a $2.7 billion (€2.63bn) defamation lawsuit stemming from the broadcasting of misinformation around the 2020 presidential election.
Now the suit, filed by Smartmatic, the voting technology company, is on track to proceed to trial in state court in Manhattan, although the parties could settle the case out of court.
Smartmatic sued Fox in February 2021, accusing it of defamation by tying its name to false claims of vote-rigging that were repeatedly aired on Fox News. In 2023 Fox had to pay $787.5 million to settle a similar lawsuit from Dominion Voting Systems.
A five-judge panel of the New York State Supreme Court’s Appellate Division affirmed a previous ruling denying Fox’s motion to have Smartmatic’s suit dismissed. The judges found that Smartmatic’s claims that Fox Corporation directed Fox News to promote “a disinformation campaign in the post-election coverage, along with the allegations of Fox Corporation’s active participation in Fox News Network’s daily operations in connection with that coverage,” were sufficient to proceed with the case.
In a Statement, Fox said: “We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial. As a report prepared by our financial expert shows, Smartmatic’s damages claims are implausible, disconnected from reality, and on their face intended to chill First Amendment freedoms.”
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