WILMINGTON, Del. — Fox Corp. and its cable networks agreed Tuesday to pay $787.5 million to Dominion Voting Systems to settle a defamation lawsuit over false claims that Dominion’s machines swayed the final result of the 2020 presidential election.
The settlement, which got here after a 12-member jury had been seated within the case in Delaware Superior Court, averted a weekslong trial that would have seen top Fox TV hosts and network boss Rupert Murdoch publicly testify.
The deal, which is able to cost Fox nearly half of the $1.6 billion that Dominion originally demanded, was struck as opening arguments were delayed for hours amid speculation that the parties were discussing a resolution of the case.
Dominion CEO John Poulos, joined by members of the Dominion Voting Systems legal team, speaks to members of the media outside the Leonard Williams Justice Center in Wilmington, Delaware, on April 18, 2023.
Andrew Caballero-Reynolds | AFP | Getty Images
Dominion CEO John Poulos told reporters outside court that the settlement was “historic.”
“Fox has admitted to telling lies about Dominion that caused enormous damage to my company, our employees and the purchasers that we serve,” Poulus said.
“Nothing can ever make up for that. Throughout this process we have now sought accountability and believed the evidence delivered to light through this case underscored the results of spreading lies. Truthful reporting within the media is crucial to our democracy,” he said.
Superior Court Judge Eric Davis called the jury and 12 alternate jurors into the courtroom shortly before 4 p.m. ET to announce that they might not need to hear any testimony or review any evidence.
“The parties have resolved this case,” Davis told them.
“Without you, the parties wouldn’t have been capable of resolve their situation … even though it’s short, not the six weeks you’ve got expected, you have got done your duty,” the judge said.
Justin Nelson (2R), joined by fellow members of the Dominion Voting Systems legal team, depart the Leonard Williams Justice Center in Wilmington, Delaware, on April 18, 2023.
Andrew Caballero-Reynolds | AFP | Getty Images
In a press release, Fox News Media said, “We’re pleased to have reached a settlement of our dispute with Dominion Voting Systems.”
“We acknowledge the Court’s rulings finding certain claims about Dominion to be false,” Fox News Media said. “This settlement reflects Fox’s continued commitment to the very best journalistic standards. We’re hopeful that our decision to resolve this dispute with Dominion amicably, as a substitute of the acrimony of a divisive trial, allows the country to maneuver forward from these issues.”
Fox’s on-air talent won’t need to acknowledge or say anything regarding the settlement on air, in accordance with people accustomed to the matter.
A Dominion spokesperson said Tuesday: “An apology is about accountability, and today Dominion held Fox accountable. Fox paid a historic settlement and issued a press release acknowledging that the statements about Dominion were false.”
The suit by Dominion, which sells voting machines and election software, had argued that Fox News and its sister network Fox Business “intentionally and falsely” blamed Dominion for the 2020 lack of former President Donald Trump to President Joe Biden by airing unsubstantiated claims concerning the company.
Fox had said in court filings that its hosts’ statements about Dominion were protected by the First Amendment. The corporate also said Dominion had not shown that the statements were made with so-called actual malice, which is the brink for civil defamation claims.
Lawyers for Fox said nothing when asked for comment as they left court Tuesday.
The settlement avoids, for the moment, the danger of Murdoch and Fox hosts facing hostile questioning in public over the claims made about Dominion on the conservative news networks after the 2020 election.
The planned witnesses within the case had included Tucker Carlson, Maria Bartiromo, Sean Hannity, Laura Ingraham and Jeanine Pirro.
Also slated to testify was Lou Dobbs, whose Fox Business show was canceled in 2021.
Fox lawyers depart after Dominion Voting Systems and Fox settled the defamation lawsuit over Fox’s coverage of debunked election-rigging claims, in Wilmington, Delaware, April 18, 2023.
Mark Makela | Reuters
Fox faces an analogous defamation lawsuit by one other voting machine company, Smartmatic, over the corporate’s work in the course of the 2020 election.
Smartmatic’s attorney J. Erik Connolly, in a press release, said, “Dominion’s litigation exposed among the misconduct and damage attributable to Fox’s disinformation campaign.”
“Smartmatic will expose the remaining,” Connolly said. “Smartmatic stays committed to clearing its name, recouping the numerous damage done to the corporate, and holding Fox accountable for undermining democracy.”
Dominion also has pending defamation lawsuits related to false claims concerning the 2020 election against Newsmax Media, One America News Network, Overstock founder Patrick Byrne, My Pillow CEO Mike Lindell, former Trump lawyer Rudy Giuliani, attorney Sidney Powell and others.
Stephen Shackelford, a lawyer for Dominion, said outside the court Tuesday, “Money is accountability. And we got that today from Fox.”
“But we’re not done yet. We have got another individuals who have some accountability coming toward them,” Shackelford said.
He didn’t respond when CNBC asked if he expected settlements in other defamation cases Dominion has filed.
Correction: This story has been revised to make clear that Dominion CEO John Poulos told reporters outside court that, as a part of the settlement, “Fox has admitted to telling lies.” It has also been revised to point that Maria Bartiromo was among the many planned witnesses within the case. A previous version misspelled her name.
