Attorneys for Smartmatic, an electronic voting company, asked a Delaware judge to rule in their favor in a defamation lawsuit against conservative news outlet Newsmax. Smartmatic claims that Newsmax hosts and guests made false and defamatory statements after the 2020 election that implied Smartmatic participated in rigging the election results. Newsmax argues that they were simply reporting on serious and newsworthy allegations made by former President Donald Trump and his supporters about possible vote-rigging. The judge has not yet ruled on the competing motions for summary judgment and advised attorneys to continue preparing for trial.
Smartmatic is also suing Fox News for defamation in New York and recently settled a lawsuit against One America News Network in the District of Columbia. Dominion Voting Systems has filed defamation lawsuits against those who spread conspiracy theories about their election equipment. Fox News settled a defamation case with Dominion for $787 million last year. In order to win its defamation case against Newsmax, Smartmatic must prove that Newsmax acted with “actual malice” or “reckless disregard for the truth” in airing false claims of vote fraud. Smartmatic’s attorney argues that Newsmax did not have evidence to support the claims of widespread voter fraud made by their hosts and guests.
Newsmax’s attorney contends that there is no evidence that network hosts or executives knew that statements about voter fraud were false. Instead, Newsmax employees were following a directive from CEO Chris Ruddy to report fairly on the matter and emphasize that allegations of voter fraud had not been proven. Newsmax described Smartmatic as a “struggling election technology company with a checkered history” and accused them of using a legally baseless and unconstitutional theory of liability to try to obtain a windfall. The hearing in Delaware came two weeks after three current and former executives of Smartmatic were indicted in Florida for allegedly participating in a scheme to pay bribes to place their voting machines in the Philippines.
The lawsuit between Smartmatic and Newsmax is part of a series of cases stemming from reports on conservative news outlets following the 2020 election. Dominion Voting Systems has also filed defamation lawsuits against those who spread conspiracy theories about their election equipment. The legal battle between Smartmatic and Newsmax highlights the broader issue of the spread of misinformation and false claims about election integrity. It raises questions about the responsibility of news organizations to verify information before reporting it and the consequences of spreading false information. The outcome of this lawsuit could have implications for how media outlets handle similar situations in the future. Davis has yet to make a decision on the various motions in the case, and the trial is scheduled to begin on September 30.
