An agreement brandishes as a victory “for truth and democracy”. On the verge of being embroiled in the “defamation trial of the century”, in the words of the local press, the American channel Fox News agreed to a settlement with the company Dominion Voting System which accused it of having spread “torrents of lies and conspiracy theories” about him during the presidential election.
The favorite channel of American conservatives thus preferred to pay 787.5 million dollars, a record fine, rather than risk a conviction. Proof of Fox News lies, according to the company. His voting machines had been the subject of an intense disinformation campaign on set. They would have been used to “rig the ballot”, said Trump and some of his supporters, who paraded in front of the channel’s presenters. Statements cheerfully taken up by the channel, without being substantiated.
These accusations were actually bogus, according to the investigations carried out to verify the integrity of the ballot. In an order issued on March 31, the judge handling the case, acting for a superior court in the state of Delaware, said: “it is crystal clear that no assertion about Dominion during the 2020 election was not true”. The channel then retorted that it was legitimate to give the floor to the Trump camp when it contested the vote, in order to “seek the truth”.
Even the channel owner didn’t believe it
Problem: Emails and text messages showed that the stars of the network, and even Rupert Murdoch, its owner, knew, in November 2020, that the scenario of a rigged election did not have enough elements suggesting it, while flourishing such statements on the air, without trying to contradict them.
According to Sidney Powell, lawyer and adviser to Donald Trump, “Dominion’s software had the capabilities to “define and run an algorithm that probably worked across the country, to take a certain percentage of votes from President Trump and return them to Biden. “. “Sidney Powell is lying”, yet wrote on November 16 (13 days after the election) Tucker Carlson, the most right-wing host of Fox News.
A “really crazy thing. And damaging”, also wrote on November 19, 2020 the big boss, Rupert Murdoch, in a message addressed to the general manager of Fox News, Suzanne Scott. Some members of the chain who have publicly argued that these accusations have no basis, have even been targeted internally, despite these positions, accused of plunging the price of the chain.
To win the lawsuit had it taken place, Dominion would have had to establish a willful intent to lie at Fox News. With these elements, the company could have obtained a favorable outcome to the trial, if it had taken place. With this record payment, the hosts of Fox News therefore avoid a possible conviction for defamation, as well as a humiliating exercise: to apologize on the air, or to admit having broadcast lies. In addition to the media hype that would have caused the legal exchanges.
A similar trial in a few weeks
“We are pleased to have reached a settlement of our dispute with Dominion Voting Systems,” the channel said in a statement, taking note of the positions expressed. For his part, John Poulos, the boss of Dominion, declared that Fox News had “admitted to telling lies” which “caused enormous damage to my company, our employees and our customers”. Dominion initially claimed $1.6 billion.
The trial was eagerly awaited in the United States, where it was seen as a test for the limits of freedom of expression, guaranteed by the first amendment to the Constitution, as well as for the fight against disinformation. Even if it will not take place, the addition that Fox News will have to settle is “unprecedented” and represents “in itself a major punishment” for the chain, explained to AFP Mark Feldstein, professor of journalism at the University of Maryland. A similar lawsuit against Fox News is due to open with another voting machine company, Smartmatic, in a few weeks.