In a stunning turn of events, Fox News has agreed to pay a record-breaking $787 million to Dominion Voting Systems in a settlement over the network’s false and defamatory claims about the 2020 US presidential election. The deal marks a victorious moment for Dominion, which has been battling against false allegations of election fraud for months, and a major blow to one of the most powerful and influential cable news networks in the country. In this article, we’ll explore the details of the Dominion defamation case, the implications of the settlement, and what it means for the future of media accountability.
Fox Corporation, owned by media mogul Rupert Murdoch, has agreed to settle a defamation case brought forward by Dominion, a voting machine maker, over allegations of US election fraud broadcast on Fox News following Donald Trump’s election loss in 2020. The settlement is valued at $787 million, and was reached following a last-minute deal on the cusp of a six-week trial. The conservative news organization and Fox Corp were sued for $1.6 billion by Dominion in 2021, who accused the company of rigging its devices to award votes to current President Joe Biden, and of paying bribes to election officials. Fox News also alleged that Dominion was working for the late Venezuelan leader Hugo Chávez.
The judge overseeing the case in Delaware announced on Tuesday that the “parties have resolved their case.” In March, the judge had ruled that the 20 statements in question were false, and that broadcasting lies had no protection under the US constitution’s first amendment for free speech. The judge had also left the decision to the jury from the heavily Democratic New Castle county, in which the court was located, to decide whether Fox anchors had acted with “actual malice” when they repeated the claims on-air and to determine the damages Dominion had suffered.
Despite attempts by Fox’s lawyers to prevent it, Murdoch, 92, was set to be called to testify in person, as were Fox stars Tucker Carlson, Sean Hannity, and Laura Ingraham. Murdoch had already testified behind closed doors, confirming that some Fox anchors had gone too far and “endorsed” claims of election fraud, as opposed to merely repeating allegations made by others.
Evidence gathered in the months preceding the trial also provided insight into Fox’s newsgathering process, revealing that several central figures did not believe the election fraud allegations made on-air, but were reluctant to challenge them for fear of losing viewers to more radical outlets, such as Newsmax and OAN.
Legal experts believe that Fox would have faced an uphill battle at trial, as its defense relied on proving that the presenters, including Maria Bartiromo, Lou Dobbs, and Jeanine Pirro, whose shows most prominently featured many of the statements in question, did not believe for certain that the allegations were untrue at the time.
Regardless of the settlement, Fox is still open to separate claims from shareholders accusing it of being in breach of fiduciary duties, one of which has already been submitted to the court of chancery. Additionally, Dominion is pursuing claims against several individuals, including former Trump lawyers Rudy Giuliani and Sidney Powell, who made multiple allegations against the company in November 2020.
Critics have challenged the calculations behind Dominion’s demand for $1.6 billion in damages, pointing out that the company doesn’t seem to have lost much business as a result of the allegedly defamatory claims. Nevertheless, the settlement brings an end to the lawsuit filed in Delaware superior court.
