Newsmax has settled a lawsuit brought by voting system provider Smartmatic related to the channel's airing of false claims about its software after the 2020 election, the network announced Thursday.
“Newsmax is pleased to announce that we have resolved the lawsuit brought by Smartmatic in a confidential settlement,” a Newsmax spokesperson told The Hill.
The settlement came as jury selection was underway Thursday ahead of the lawsuit's trial, which is scheduled to begin next week.
Smartmatic sued Newsmax, along with a number of other conservative media companies and allies of former President Trump, over claims about its software and the fairness of the 2020 election.
In public statements and legal filings over the past two years, voting system providers have argued that Newsmax damaged its reputation and financial health by spreading unproven claims of voter fraud.
To prove defamation, Smartmatic would have had to convince a jury that conservative media outlets acted with “actual malice” or “reckless disregard for the truth” when broadcasting claims about the company. Dew.
Smartmatic revealed through testimony and evidence presented in court how pressure to maintain viewership in the days after the election led the channel to promote unproven claims about the company and its software. He was expected to explain to the jury what happened.
Cable channels have covered newsworthy claims by President Trump and his allies, including former New York City Mayor Rudy Giuliani and conservative lawyer Sidney Powell, to protect themselves from Smartmatic's claims. He claimed that he was just doing it.
Delaware Superior Court Judge Eric Davis, who is presiding over the case, ruled earlier this month that Newsmax was allowed to claim that it was protected from liability under the state's “neutral press privilege.” . This privilege extends to “disinterested and neutral reporting” on issues. public concerns.
Lawyers for the network argued that the network was immune from liability because many of the allegedly defamatory statements were made or rebroadcast by third parties who appeared as guests.
The cable channel's lawyer also planned to emphasize the following:filing of indictmentLast month, he lost against three current and former Smartmatic executives, including the company's Venezuelan-born co-founder Roger Pignate.
These charges include a scheme to pay more than $1 million in bribes to install Smartmatic voting machines in the Philippines.
Davis issued a pretrial ruling that limited the scope of evidence Newsmax could present regarding corruption allegations.
Davis on Monday ruled out the possibility of a jury awarding punitive damages in the case, which many say makes it more likely the two sides will settle.
As part of his ruling, Davis concluded that Newsmax had no explicit malice. Although the company never explicitly intended to harm Smartmatic, it determined that the claims aired on Newsmax were “materially false.”
Smartmatic has a pending lawsuit with Fox News, which paid Dominion Voting Systems $787 million last spring in a separate lawsuit filed against the high-profile cable network.
Smartmatic initially estimated damages in its lawsuit against Newsmax at $1.7 billion, but that figure was later adjusted to about $370 million, according to statements at Monday's hearing.
“We are very pleased to ensure that the lawsuit against Newsmax is completed. “We now look forward to our day in court against Fox and Fox News' disinformation campaign,” Smartmatic said Thursday. “There are consequences for lying to the American people, and Smartmatic will not stop until the perpetrators are held accountable,” he said in a statement to The Hill.
“Smartmatic understandably chose to settle its case with Newsmax on the eve of trial after a series of major setbacks devastated the case. These include the fact that the company's president and co-founder, as well as one current executive and one former executive, have been indicted by the federal government on charges of bribery in the acquisition of a major business in the Philippines. , and a Delaware judge ruled that Smartmatic could not recover punitive damages from Fox. The claims are similarly undermined, unsupported by facts, and aimed at chilling First Amendment freedoms. We look forward to defending this case when it goes to trial. ,” Fox said in a statement.
The Associated Press contributed reporting..
Updated at 10:35pm EDT
