Existential Threats: As Voting Machine Maker Libel Suits Proceed Against Other Right-Wing Networks and Pundits, Newsmax Says It Will Fight On

Newsmax
(Image credit: Getty Images)

Less than an hour after Fox agreed to pay a surprisingly huge $787.5 million to settle a libel suit filed against it by Dominion Voting Systems, rival far-right channel Newsmax issued the following declaration:

"Newsmax believes that the facts at issue in Dominion’s case against it are materially different from those that may have driven Fox to settle, and no conclusion about Newsmax should be drawn from that settlement. Newsmax stands by its coverage and analysis of the 2020 election and will continue to vigorously defend against the claim."

Indeed, Tuesday's bombshell settlement announcement is only the first culmination of myriad legal proceedings involving multiple plaintiffs (not only Dominion, but also another voting machine maker, Smartmatic) and three rightwing channels (not just Fox News, but also Newsmax and One America News Network). 

Add Next TV to your Twitter feed today! Follow @ThisIsNextTV to keep up to date on the latest business and technology news of the video entertainment industry

Dominion and Smartmatic also have sued individuals for falsely claiming the voting machine makers rigged the 2020 presidential election, including attorneys for former President Donald Trump, Rudy Giuliani and Sidney Powell; MyPillow founder Mike Lindell; and former Overstock CEO Patrick Byrne.

Forbes published an excellent summary on Tuesday, updating the status of each case. 

For its part, Fox  and its nonagenarian chieftain, Rupert Murdoch, aren't out of the woods yet. In March, a New York state judge ruled that Smartmatic's $2.7 billion suit against Fox News, anchor Maria Bartiromo and former anchor Lou Dobbs could move forward, with current Fox anchor Jeanine Pirro dropped from the proceedings. 

Neither Newsmax or OANN have the kind of exposure that comes with Fox News’s huge stature. And evidence is certain to be “materially differentÆ from case to case. So indeed, “conclusions” can't be drawn yet.

But based on the sheer girth of Tuesday’s Fox settlement, it's not unreasonable to ponder the dual lawsuits both Newsmax and OANN still face as being existential threats — particularly with both networks, each armed with vastly fewer resources than Fox, continuing to struggle with distribution issues

Delaware Superior Court Judge Eric M. Davis — who oversaw Dominion's just-settled battle with Fox — ruled last June that Dominion’s $1.6 million case against Newsmax can move forward. Likewise, in February, Davis also denied Newsmax's motion to dismiss Smartmatic's libel case against it. 

Among its many claims, Smartmatic said it was falsely accused of having close ties to late Venezuelan President Hugo Chavez and other dictators.

“Newsmax either knew its statements regarding Smartmatic’s role in the election fraud narrative were false, or at least it had a high degree of awareness that they were probably false,” Davis wrote in a 34-page ruling.

As for OANN, U.S. District Judge Carl Nichols ruled in November that Dominion’s lawsuit against it can move forward. Nichols also ruled in June that Smartmatic’s libel case against OANN can proceed. 

Daniel Frankel

Daniel Frankel is the managing editor of Next TV, an internet publishing vertical focused on the business of video streaming. A Los Angeles-based writer and editor who has covered the media and technology industries for more than two decades, Daniel has worked on staff for publications including E! Online, Electronic Media, Mediaweek, Variety, paidContent and GigaOm. You can start living a healthier life with greater wealth and prosperity by following Daniel on Twitter today!