Smartmatic Defamation Lawsuit Against Fox News
A Manhattan courtroom is set to hold a hearing regarding a multi-billion dollar defamation lawsuit filed by Smartmatic, a London-based voting technology firm, against Fox News. The lawsuit alleges that Fox News aired false claims asserting Smartmatic rigged the 2020 presidential elections in favor of Joe Biden.
Smartmatic, which played a limited role in the 2020 U.S. election by operating in Los Angeles County, is seeking $2.7 billion in damages. The company claims that the allegations broadcast on Fox shows led to death threats against its officials and significantly damaged its reputation and financial prospects.
Parallels to Dominion Lawsuit
The claims in Smartmatic's lawsuit mirror those brought by Dominion Voting Systems in a separate defamation case against Fox News. In 2023, a Delaware judge found Fox News had defamed Dominion, and Fox subsequently settled the case for $787.5 million on the eve of trial. Following the settlement, Fox News released a statement: "We acknowledge the Court's rulings finding certain claims about Dominion to be false."
Court filings in both the Dominion and Smartmatic cases revealed that Fox's hosts and executives were reportedly aware that the claims aired were unsubstantiated. Evidence indicated that Fox personnel aimed to retain its pro-Trump viewership, which had declined after the network projected Biden's victory in Arizona in 2020.
Smartmatic's Allegations and Fox News' Defense
Smartmatic filed its lawsuit against Fox News in February 2021. The suit names several co-defendants, including former hosts Lou Dobbs, Maria Bartiromo, and Jeanine Pirro, as well as former Trump legal advisors Rudolph Giuliani and Sidney Powell, who were frequent guests.
Fox News has distinguished the Smartmatic case from the Dominion case by citing differing jurisdictions, judges, and plaintiffs. The network has stated that evidence shows Smartmatic's business and reputation were "suffering long before any claims by President Trump's lawyers on Fox News" and that Smartmatic "grossly inflated its damage claims to generate headlines and chill free speech." Fox News has affirmed its readiness to defend its press freedoms, arguing its hosts provided coverage of claims made by newsworthy figures.
Fox's legal filings also challenge Smartmatic's claims regarding its financial health, prospects, and damages, and have questioned the firm's origins and international activities. In October, federal prosecutors charged Smartmatic with a bribery scheme involving a Philippine government official for 2016 election contracts, an accusation Smartmatic denied as "targeted, political and unjust." New York State Supreme Court Justice David B. Cohen rejected Fox's request to pause the litigation pending the outcome of these criminal charges.
Smartmatic asserts its business aspirations for expansion in the U.S. and abroad were thwarted by Fox News' amplification of unsubstantiated claims from Trump allies. Fox News did not issue retractions for these claims. After Smartmatic threatened legal action, Fox aired a segment featuring Eddie Perez, a voting technology expert, who addressed and countered various allegations about Smartmatic. Perez later stated he did not consider the segment a correction but was glad to provide accurate information to viewers.
Internal Communications and Employee Concerns
Court filings present internal evidence suggesting that some Fox executives and personalities privately doubted the veracity of the claims made on air. For example, Jesse Watters reportedly texted Greg Gutfeld about potential ratings if Fox fully embraced "STOP THE STEAL" narratives, later testifying under oath that he did not find such claims credible. Jeanine Pirro reportedly lobbied then-Republican National Committee Chairperson Ronna McDaniel for bulk book purchases, stating, "I work so hard for the President and party." Pirro later testified she did not believe Trump was cheated of victory.
A Fox News workplace survey from summer 2020 indicated concerns among some staffers regarding network bias and reporting accuracy. One employee noted a perceived shift towards supporting the administration and a reluctance to challenge false information. Fox attorneys described these comments as incomplete and selective, highlighting the network's "Great Place to Work" designation.
Related Developments
The Fox Business Network canceled Lou Dobbs' show the day after Smartmatic filed its lawsuit. Dobbs did not appear on Fox airwaves again and passed away in July 2024.