Fox Corporation and its Subsidiary Still on the Hook for Defamation Lawsuits
In November and December of 2020, Fox News broadcasted reports stating that the U.S. election was rigged. Fox News specifically called out Smartmatic and Dominion Voting Systems, voting technology and software companies, for their alleged involvement in rigging the election. Both companies have sued Fox Corp. for defamation and other claims based on defendants’ actions. The judges in both cases have upheld the lawsuits by overruling defendants’ motions to dismiss, finding that Smartmatic and Dominion sufficiently pleaded facts to support their claims of defamation.
In ruling in favor of Dominion, Delaware Superior Court Judge Eric M. Davis found Dominion had shown that the Murdochs, Fox Corp.’s most senior executives, may have been on notice that the conspiracy theory that rigged voting machines tilted the vote was false but let Fox News broadcast it anyway. Dominion cited in its suit a report that Rupert Murdoch spoke with Trump a few days after the election “and informed him that he had lost,” the judge noted.
“These allegations support a reasonable inference that Rupert and Lachlan Murdoch either knew Dominion had not manipulated the election or at least recklessly disregarded the truth when they allegedly caused Fox News to propagate its claims about Dominion,” said Davis.
On February 14, 2023, a five-judge Appellate Division panel for the First Department affirmed the denial of motions to dismiss by Fox News, Maria Bartiromo and Lou Dobbs in the case involving Smartmatic. The panel also reinstated two previously dismissed claims against Rudy Giuliani, who allegedly made defamatory statements while a guest on various shows, and ruled that host Jeanine Pirro was erroneously cut loose from the case.
In its ruling, the panel stated: “The complaint alleges in detailed fashion that in their coverage and commentary, Fox News, Dobbs, and Bartiromo effectively endorsed and participated in the statements with reckless disregard for, or serious doubts about, whether the assertions or implications that plaintiffs had participated in election fraud had any basis in truth or were supported by any reliable evidence.”
These lawsuits, which seek billions of dollars, punitive damages and other relief, not only harms Fox Corp.’s reputation, it can also prove detrimental to Fox Corp. shareholders.
Next Steps: If you own shares of Fox Corporation (FOX), you have legal options. Contact Robbbins LLP for more information about your rights.
All representation is on a contingency fee basis. Shareholders pay no fees or expenses.
