Fox News on trial in US$1.6bn defamation case
Opening arguments were due to begin on Tuesday in a major defamation trial against Fox News that tests the extent of free speech rights for media in America – even when broadcasting election falsehoods. Dominion Voting Systems is suing Fox News for US$1.6 billion, alleging the conservative network promoted Donald Trump's baseless claim that its machines were used to rig the 2020 presidential election that he lost to Joe Biden. Dominion argues that Fox News aired the falsehoods while knowing they were untrue. The highly anticipated trial, the start of which was postponed by a day amid reports the network is seeking a settlement, could become one of the most consequential libel cases ever heard in the United States. Jury selection resumed inside the Delaware Superior Court in Wilmington around 9:00am local time, with opening arguments expected later in the day. A long line of reporters and members of the public queued to get into the courthouse. One anti-Fox protester held a sign that read "Fox is guilty" and "Make 'em pay." The trial threatens reputational and financial damage for Rupert Murdoch's 24-hour news behemoth and the media titan himself who is expected to be called to testify. Dominion says the network began endorsing Trump's conspiracy because the channel was losing its audience after it became the first television outlet to call the southwestern state of Arizona for Biden, effectively projecting the Democrat would win the presidency. Fox News denies defamation. It claims it was only reporting on Trump's allegations, not supporting them, and is protected by free speech rights enshrined in the First Amendment of the US Constitution. The protection makes it difficult for plaintiffs to win defamation suits in the United States. In pre-trial hearings, Delaware judge Eric Davis ruled that there was no question Fox aired false statements about Dominion. For Dominion to win however, it would have to prove Fox News acted with actual malice, a tough burden to meet and a bedrock of US media law since 1964. Fox News employs some traditional news reporters, but the majority of its airtime is given to commentators, including in the several highly watched prime-time shows hosted by conservative thought leaders.(AFP)