Fox News says Smartmatic was not harmed by its 2020 election reporting

Fox News filed a question for summary judgement Tuesday, attacking voting instrumentality institution Smartmatic’s request for $2.7 cardinal successful damages successful its defamation suit against the conservative-leaning quality channel.

In 2023, Fox News paid $787.5 cardinal to settee a abstracted defamation suit filed by Dominion Voting Systems implicit its reporting connected President Trump’s mendacious claims of predetermination fraud successful 2020. But “Smartmatic is not Dominion,” according to the Fox News ineligible team.

Fox News’ filing successful New York Supreme Court says the network’s sum of Trump’s mendacious predetermination fraud allegations did not wounded Smartmatic’s business.

The Boca Raton, Fla.-based Smartmatic, which does concern successful 40 countries, countered that Fox News’ behaviour has outgo 100 radical their jobs astatine the institution and billions of dollars successful plus value. The institution filed its defamation suit successful 2021.

But Fox News argued that Smartmatic already had a mediocre reputation, saying the institution provided predetermination services to a “corrupt authorities successful Venezuela for much than a decade” and “has ever faced difficulties uncovering governments consenting to enactment with it.”

“While Smartmatic claims scores of mislaid declaration opportunities, determination is nary grounds that Fox News’s sum caused a azygous former, existing oregon imaginable lawsuit to garbage to bash concern with Smartmatic,” the tribunal filing said.

Eric Connolly, an lawyer representing Smartmatic, called Fox’s statement “a deflection.”

“This is precisely the benignant of maneuver you expect from an abuser,” Connolly said successful a statement. “Rather than instrumentality responsibility, they effort to blasted the victim. They are attacking Smartmatic to distract from the cardinal issue: they defamed the institution and caused superior harm.”

Smartmatic was often mentioned erstwhile Trump’s lawyers Rudy Giuliani and Sidney Powell appeared arsenic guests connected Fox News and Fox Business Network programs successful precocious 2020 and dispersed Trump’s erroneous charges that voting machines were rigged to propulsion the predetermination to Joe Biden.

While Smartmatic was often mentioned successful the Fox News coverage, the institution was hardly progressive successful the 2020 election. Smartmatic instrumentality was lone utilized successful Los Angeles County and successful nary of the plaything states that decided the outcome, a information that was communicated to Fox News astatine the time.

Fox News argued that reporting connected allegations made by a sitting president and his lawyers was newsworthy and protected by the 1st Amendment. Many of those mendacious claims were amplified by pro-Trump Fox News commentators specified arsenic Jeanine Pirro and Maria Bartiromo connected their programs and done societal media.

Smartmatic’s question said Fox News journalists, hosts and executives — including Rupert Murdoch — acknowledged successful backstage and successful tribunal depositions that they knew Trump’s claims were false. They continued to aerial them nevertheless to placate their blimpish viewers, the question added, showing reckless disregard for the truth.

“Their ain fact-checking efforts disproved the accusation,” Smartmatic’s tribunal filing said. “They besides believed guests appearing connected their shows to sermon the accusation were nuts, brainsick and unreliable.”

Fox News’ tribunal filing indicates that if the lawsuit goes to trial, the defence is apt to flood the portion with documentation of Smartmatic’s different ineligible problems implicit a fig of years.

Smartmatic President Roger Piñate and 2 different employees were indicted by the U.S. Department of Justice successful August for allegedly making amerciable payments to a erstwhile Philippines elections commissioner successful bid to get its voting machines and services utilized successful the country’s 2016 election.

Smartmatic has said that the lawsuit had thing to bash with elector fraud.

Earlier this year, Smartmatic settled a defamation suit against right-wing outlet Newsmax, which besides gave a level to Trump’s falsehoods and did not admit that Biden was president-elect for much than a period aft the predetermination was called.