Fox defamation trial postponed amid settlement talks

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By Bernd Debussmann Jr. BBC News in Wilmington, Delaware

2 hours ago

Image source, Getty Images

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Fox News and voting systems company Dominion are reported to be in talks to settle the lawsuit before trial.

A long-awaited defamation lawsuit brought by the voting technology company against Fox News has been postponed by a day and is scheduled to begin on Tuesday.

Dominion Voting Systems is suing the television network for $1.6 billion, claiming it knowingly spread lies about its voting machines after the 2020 election.

The judge, who ordered the 24-hour delay, gave no reason, but US media reported that Fox News is seeking to settle the case.

The trial will hear the names of the stars.

Fox hosts Tucker Carlson, Sean Hannity and Maria Bartiromo are expected to testify, along with network president and CEO Rupert Murdoch.

In a statement released Sunday evening, Delaware Superior Court Judge Eric Davis said he would announce at 9 a.m. local time Monday (1400 GMT) that the start of the trial would be delayed by 24 hours.

Citing two sources with knowledge of the situation, The Washington Post reported that representatives for Fox and Dominion were scheduled to meet Monday to see if they could come to a last-minute agreement before the trial begins.

The BBC has reached out to Fox and Dominion for comment.

Both sides have previously tried – and failed – to reach an agreement in December 2022.

A settlement in the case would allow Fox to avoid requiring its executives and on-air personalities to testify in open court.

If the case goes to trial, jurors will have to determine whether Fox acted with “genuine malice” with its coverage of Dominion, whose voting machines were used in 28 US states during the election.

The court has already ruled that the allegations against Dominion have been proven false.

Text messages, emails, and sworn affidavits show that many at Fox, ranging from producers and journalists to high-ranking executives, questioned the network’s coverage of Dominion during the election.

Carlson, for example, has referred to many theories about the Dominion as “ridiculous” and “crazy.”

Fox alleged that its journalists and commentators were reporting on allegations of fraud, rather than endorsing them. The company’s lawyers argued that this type of coverage is protected by the First Amendment to the United States Constitution, which guarantees freedom of speech and of the press.

In addition, Fox said that Dominion’s lawsuit “mischaracterized the facts by picking out tracks, omitting key context, and mischaracterizing the record.”

The Dominion rejected these arguments, and said in an earlier statement that “the First Amendment does not protect broadcasters who knowingly or recklessly spread falsehoods.”

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