Between freedom of expression and press And spreading lies and misinformation There is a thin and often blurred line. traveled dangerously Fox Newsconservative channel Rupert Murdoch’s Empirelater presidential elections United States of America in 2020 posting and posting false information on the website and social networks about alleged and non-existent election fraud claiming that this has occurred without evidence donald trump and allies such as lawyers Rudy Giuliani and Sidney Powell. Dominion Voting SystemsOne of the companies that mentioned this misinformation and lie, decided March 2021 send a Litigation for defamation against the Fox company. And this Tuesday started Wilmington, Del. HE expected judgment This case, which has deep consequences for the first amendment as well as the responsibility of the media, is watched with great anticipation.
after you have chosenpopular jury, composing 12 members (and 12 alternatives), arguments by both sides signaled the start of a hearing he presided over. Judge Eric Davisexpected to extend six weeks. And in it, Murdoch himself and his son Lachlan, who are executives of Fox Corporation, may be called to the stand to testify; Managers of the powerful and influential flagship chain in the USA, as well as star presenters such as Tucker Carlson, Sean Hannity, Maria Bartiromo or Jeanine Pirro.
a solid safe
dominanceclaiming compensation 1.6 billion dollarshas created a case that many legal professionals find unusually powerful in a complex and challenging universe of defamation cases. in essence 20 samples What Fox viewers can see or read on the Fox News website, social networks, and the network’s six shows derogatory expressions as well as about the company voted in favor Joe Biden had paid bribe government and established Venezuelan Unsubstantiated claims made by people like Giuliani and Powell, or by presenters, rigged the elections in favor of Hugo Chávez.
The company is behind these emissions. economic Motivation, because the managers of the media empire and chain, loyal Trump audienceAn important engine of growth, and Fox News already dismayed by the documentation of Biden’s victory, would infiltrate even far right channels if they did not fuel the accusations of the defeated president and his allies.
Through testimonies and communications between publicly recognized executives and presenters during the preliminary phase, it was confirmed that Fox News and the company’s highest levels doubted the veracity of, and even acknowledged, the falsehood of the statements about Dominion and Dominion. alleged fake, but they continued to place them. For example, Tucker Carlson wrote in a message: “Sidney Powell is lying, I got him, he’s a madness“. In his deposition, Rupert Murdoch, when asked if he could keep lawyers off the air, admitted: “I could have, but I didn’t.” Concerns about potential negative impact on audiences and the economic consequences if complaints about alleged fraud are not published.
The “Deliberate Evil” challenge
In the preliminary phase, Judge Davis took some steps to complicate things for Fox, assuring that “the evidence developed in this civil case demonstrates his innocence.” crystal clear HE None of the statements about Dominion regarding the 2020 elections are true”.
Complicating the task of the jury and the Dominion’s attorneys is that it is not enough to prove that Fox News broadcast these lies and misinformation to prove defamation in the United States. It must be proven that the chain and its parent company act “with”. premeditated evil” And “reckless disregard for truth, the standards set 1964 Supreme Court decision New York Times Company v. sullivan For this, it must be shown that Fox “has serious doubts about the accuracy of the publication” or “has a high level of awareness of its possible falsehood”.
In another setback for the media company, the judge ruled that the company’s lawyers could not claim that its network was covering up lies about Dominion, due to Trump’s obsession with the alleged fraud. supposedly newsworthy. Also, the judge said he couldn’t confirm that the chain wasn’t there. responsible for what your guests say, because Fox News has a responsibility to ensure that the information it publishes is truthful. And he said he plans to give it a name. private eye To find out if Fox withheld relevant evidence at the previous stage. (The company also apologized for not revealing until last Friday that Rupert Murdoch was still in an executive position at Fox News.)
Freedom of the press or responsibility
Fox said in a statement that “the lawsuit is a political crusade seeking economic benefits” and “ actual cost first change rights will be valued”. It’s a line of debate that some legal watchdogs and media pundits agree on, who fear there will be a new lawsuit if Fox loses. flood of demand against other vehicles.
But others believe it is necessary to make the chain accountable and a judgment symbolic referendum On the culture of “alternative facts” that defines the Trump presidency. “It looks like disinformation is on trial,” Jonathan Peters, a media law professor at the University of Georgia, told The Washington Post.
expectation
This cameras are not allowed in court and that same Tuesday, a Fox public relations employee was kicked out of the courtroom who took pictures of the jury (and reported that there were reporters tweeting from the court before they left). But there are many reporters and others follow the trial in an adjacent room where computers can be used.
The process released tremendous anticipation and heavy coverage in the USA and most likely taking the stand to testify to Rupert Murdockhis lawyers tried unsuccessfully to prevent him from being summoned. they claimed Covid transmission risks to them 92 years. But Murdoch had his own wedding on his agenda (later It is cancelled) And Trips to Los Angeles, Montana, London and New York. And Judge Davis denounced them for trying to prevent the boss from showing up: “don’t make me look like a fool“Tell them.