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Ace Press News From Cutting Room Floor: Published: Apr.17: 2023:
#AceBreakingNews - Dominion Voting Systems' $US1.6b defamation lawsuit against Fox delayed hours before trial due to begin...........Here's what you need to know.
The lawsuit surrounds Fox News' coverage of false claims about Dominion Voting Systems and the 2020 US election. (AP: Mark Lennihan)none
Fox Corp and Fox News are fighting a $US1.6 billion ($2.39 billion) defamation lawsuit from Dominion Voting Systems over the network's coverage of false claims the ballot-counter company rigged the 2020 presidential election.
Why has the trial been delayed?
The judge involved, Eric Davis, did not cite a reason.
The case has been pushed back 24 hours and is now due to start on Tuesday local time.
There's been some speculation the delay is because Fox has pushed to settle the case out of court, but this hasn't been confirmed by either party.
The opening statements and jury selection were both set to begin on Monday.
Why is Dominion suing Fox?
Dominion is accusing Fox of destroying its reputation and business by repeatedly airing false claims that its voting machines were used to rig the election against Donald Trump and in favour of the winner, current US President Joe Biden.
Dominion says Fox knew the claims were false but continued broadcasting them to appeal to its largely conservative audience.
It also claims the news channel wanted to keep viewers from defecting to right-wing media competitors which embraced the conspiracy theory.
The Denver-based company is citing numerous internal Fox communications and deposition testimony in its lawsuit as proof that Fox personnel — show producers and hosts all the way up to the top executives — knew guests who appeared on various programs and repeatedly made the false claims on air did not have evidence to back up their allegations.
What does Fox News say happened?
Fox says Dominion cannot prove the network knowingly spread falsehoods or recklessly disregarded the truth.
That would mean Dominion cannot prove the legal standard of "actual malice" needed for a defamation suit.
Fox is arguing Dominion cherry-picked evidence to mischaracterise coverage decisions, which it says were reasonable because election-rigging claims by Mr Trump's lawyers were inherently newsworthy.
Fox also claims it gave Dominion's side of the story by airing its denials.Loading...
Could Fox and Dominion reach a settlement?
Possibly, but experts think that's unlikely because the two sides have litigated the case fiercely for two years and framed it as more than a simple business dispute.
Dominion argues Fox's conduct was damaging to American democracy and the network must be held accountable.
Meanwhile, Fox says Dominion's lawsuit is an assault on the free press, framing its stance in the case as a defence of journalism and diversity of ideas in the public square.
But the network was told by a judge in March that it cannot use free speech defences because the statements it aired were false.
Fox is now largely limited to arguing that Dominion cannot prove actual malice.
How much money is at stake?
The network says Dominion was worth only $US80 million in 2018 and has continued to grow and post strong revenues despite the untrue claims of election rigging.
Dominion has defended its damages model, which it has said is based on industry-standard accounting methods.
An expert report commissioned by the company attributed scores of lost contracts to Fox's coverage, though much of the report remains under seal.
More of those details are likely to come out when Dominion's expert testifies.
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