Smartmatic Pursues $2.7 Billion Defamation Suit Against Fox News Over 2020 Election Claims
Smartmatic is pursuing a $2.7 billion defamation lawsuit against Fox News, alleging that Rupert and Lachlan Murdoch authorized a plan to embrace Donald Trump's 2020 election-fraud claims in an effort to win back disaffected viewers. Fox News counters that there was no disinformation campaign and that hosts discussed newsworthy allegations from Trump associates rather than endorsing them.
In oral arguments related to the case, Rupert and Lachlan Murdoch denied encouraging Fox News to air election-fraud claims, with their depositions cited in the proceedings. Smartmatic must prove that Fox leadership knew the fraud claims broadcast were false and allowed them to be aired to damage Smartmatic's business.
Evidence cited by Smartmatic includes internal communications and comments by Fox hosts Jeanine Pirro and Maria Bartiromo, alongside statements by Rudy Giuliani and Sidney Powell suggesting doubt about or alignment with Trump’s claims. Fox's lawyer argued the suit is about Smartmatic using statements from the president’s lawyers to salvage its financial position, rather than about Fox’s coverage itself.
The hearing also referenced the Dominion case, where Delaware judge Eric M. Davis ruled that Fox’s statements were false, contributing to Fox’s $787.5 million settlement in 2023. Former Fox chief legal officer Viet D. Dinh said Davis’s rulings hamstrung Fox and influenced its decision to settle with Dominion.
Judge David B. Cohen stated he would review all broadcasts at issue and could issue summary-judgment rulings on actual malice before a potential trial next year.
