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Fox News Vs Dominion: $1.6 billion defamation suit with Trump's 'stolen election' claim at centre kicks off

Fox News Vs Dominion: $1.6 billion defamation suit with Trump's 'stolen election' claim at centre kicks off

Fox News headquarters is pictured in New York City on January 20, 2021

Fox News is facing a $1.6 billion defamation suit from Dominion Voting Systems over what the Toronto-headquartered company said were network's outlandish claims about 'stolen election' after Donald Trump's loss in 2020 US presidential polls. On Tuesday, March 21, the opening arguments in the case were heard by a Delaware judge.

Dominion's lawyers reportedly claimed that falsehoods about the company were repeated to the point of being institutionalised.

"Fox essentially made Sidney Powell a celebrity, a household name. It was Fox's repetition that gave it the resonance, the gravitas," Rodney Smolla, one of the attorneys for Dominion, was quoted as saying by NBC News. Sidney Powell has been a pro-Trump lawyer who alleged a vast voting fraud by Dominion-manufactured voting machines to the late Venezuelan dictator Hugo Chavez and hackers from China and Iran.

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Fox News Vs Dominion: What do they want?

Dominion, Fox News and Fox Corporation have sought what is called summary judgment, on a number of parts of the case.

Dominion have first presented their case on Tuesday. The voting machine manufacturing company has argued that there is no defence for the claims Fox News published.

Fox News Vs Dominion: What to expect?

Reports in the U.S. media have anticipated two possibilities in the case.

One, that the Delaware Superior Court Judge Eric Davis could agree with Dominion that the Fox News' post election coverage was indeed defamatory. In such an event, Dominion's case would depend on whether Fox News and Fox Corp. reported with "actual malice", that is, whether they knowingly reported the false news or not.

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Two, the judge could agree with Fox Corp. that Dominion’s evidence of the parent company’s involvement in Fox News broadcasts and tweets is not thick enough for case to go to trial.

Both sides are likely to face tough questions at a status hearing this month.

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