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Did Dominion System rig US 2020 polls ? Fox goes to trial today over defamation case | 10 points

ByPaurush Omar
Apr 18, 2023 06:21 PM IST

Anticipation has been building since Dominion sued Fox in 2021 over claims that the company’s ballots were rigged

In a closely watched $1.6 billion defamation lawsuit, Dominion Voting Systems and Fox Corp and Fox News are set to face off in a courtroom showdown on Tuesday. The trial puts Fox in the crosshairs, with jury selection to be completed before opening statements are made.

Members of the public wait to enter the Leonard Williams Justice Center where the Dominion Voting Systems defamation trial against FOX News is taking place on April 18, 2023 in Wilmington,(AFP)
Members of the public wait to enter the Leonard Williams Justice Center where the Dominion Voting Systems defamation trial against FOX News is taking place on April 18, 2023 in Wilmington,(AFP)

Anticipation has been building since Dominion sued Fox in 2021 over false claims that the company’s ballot-counting machines were used to rig the 2020 US presidential election in favor of Joe Biden over Donald Trump.

Here are ten key points about the trial that you must know:

1} Dominion is suing Fox Corp and Fox News for $1.6 billion in damages for airing false claims that the company’s ballot-counting machines were used to rig the 2020 US presidential election in favor of Joe Biden over Donald Trump.

2} Dominion claims that Fox spread and endorsed one of the most damaging lies in US history.

Dominion in its lawsuit accused Fox of destroying its reputation and business by repeatedly airing false claims that its voting machines were used to rig the election against Republican then-President Donald Trump in favor of the winner, Democrat Joe Biden.

3} Fox faces a potentially enormous judgment because Dominion is also asking for punitive damages in any amount jurors deem appropriate.

4} The primary question for jurors will be whether Fox knowingly spread false information or recklessly disregarded the truth, the standard of "actual malice" that Dominion must show to prevail in a defamation case.

5} Rupert Murdoch, who serves as Fox Corp chairman, is due to testify during the trial, along with a procession of Fox executives such as CEO Suzanne Scott and on-air hosts including Tucker Carlson, Sean Hannity, and Jeanine Pirro.

6} Fox and Dominion had been holding last-minute settlement talks which led to a one-day delay in the trial.

7} Fox has called Dominion's $1.6 billion damages claim unrealistic and based on flawed economic modeling.

The network has said Dominion was worth only $80 million in 2018 and has continued to grow and post strong revenues despite the untrue claims of election-rigging.

8} Smartmatic, another U.S. voting technology company, is pursuing its own defamation lawsuit against Fox seeking $2.7 billion in damages in a New York state court.

9} The trial is expected to last six weeks and will be a test of whether Fox's coverage crossed the line between ethical journalism and the pursuit of ratings, as Dominion alleges and Fox denies.

10} Fox News is arguing in a defamation lawsuit brought by Dominion Voting Systems that the network cannot be proven to have knowingly spread falsehoods or recklessly disregarded the truth. Fox contends that Dominion mischaracterized the network's coverage decisions and that the claims made by President Trump's lawyers about election-rigging were newsworthy.

The network's defense has been limited by a ruling in March that it cannot invoke free speech protections as the statements made were false and defamatory. Fox can now only argue that Dominion cannot prove "actual malice."

(With inputs from agencies)

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