The high-profile defamation case brought by Dominion Voting Systems against Fox News and Fox Corp will not go ahead after the parties reached a US$787.5 million settlement just moments before opening statements were due to begin.
In a statement, Fox News acknowledged the court ruling that some of the network’s on-air statements about the voting machine company during its coverage of the 2020 US presidential election were false.
“We are pleased to have reached a settlement of our dispute with Dominion Voting Systems,” the network said.
“We acknowledge the court’s rulings finding certain claims about Dominion to be false. This settlement reflects Fox’s continued commitment to the highest journalistic standards.
“We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”
At a press conference, Dominion CEO John Poulos spoke of the ongoing impact of Fox News’ coverage and the network’s acknowledgement of airing “certain” false claims during that time.
“Fox has admitted to telling lies about Dominion that caused enormous damage to my company, our employees, and the customers that we serve,” Poulos said.
“Nothing can ever make up for that.”
Dominion’s lawyer Justin Nelson told a news conference that the US$787.5 million settlement represented “vindication and accountability” for his client, adding that “lies have consequences”.
“Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories, causing grievous harm to Dominion and the country,” Nelson said.
The figure comes close to a quarter of Fox Corp’s $4 billion in cash on hand, and is among the largest media settlements in US history. Fox News will not have to make an on-air apology as part of the settlement’s terms, according to The Wall Street Journal, citing people familiar with the matter.
Following the last-minute settlement, Delaware Superior Court Judge Eric Davis praised both Nelson and Fox News attorney Dan Webb for “the best lawyering I’ve had, ever”.
“I would be proud to be your judge in the future,” Davis said, his final words before leaving the bench.
The settlement came just hours after the jury was sworn in for the case in Wilmington, Delaware, which sought to determine whether Fox News defamed Dominion by allegedly promoting election conspiracies — including that the 2020 US presidential election was rigged — to bolster its ratings.
Davis told members of the jury that the “parties have resolved their case”. But he added, “Your presence here … was extremely important. And without you, the parties would not have been able to resolve their situation.” The 12 jurors were dismissed.
Dominion was seeking US$1.6 billion in damages in the case, but legal representation for Fox News argued it was an assault on press freedoms in the US and denied its commentators had defamed the voting machine company in its coverage of the election.
The settlement means the trial will not go ahead and that Fox News executives — including Fox Corp chairman Rupert Murdoch, chief executive Lachlan Murdoch and on-air hosts Sean Hannity and Tucker Carlson — will not testify about the 2020 election coverage.
The end of the blockbuster trial, which was expected by observers to run on for as many as six weeks, was met with disappointment from critics of the network, who were holding out for public testimony from Fox News executives.
“The public deserved to see it play out, and to finally have top executives including the Murdochs compelled to testify and lay bare the full truth,” said Sharan Burrow, newly appointed co-chair of Australians for a Murdoch Royal Commission.
“To everyone fighting for accountability for the Murdochs, and for a free and fair press, this makes our call for a royal commission even more urgent. As more and more people join the movement taking them on, it’s getting harder and harder for them to keep us at bay.”
A separate defamation case brought against the network by voting machine company Smartmatic is currently in the discovery process.
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