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Defamation Suits Have Consequences, Some Unintended

Defamation and libel lawsuits in relation to media houses arise on occasion, seemingly with greater recent frequency. Publishers or broadcasters can be stung for issuing false, defamatory or libelous claims against persons or entities with intent to do malicious harm. But media houses, too, use these lawsuits, often to punish critics with egregious legal fees. Around the world, different jurisdictions have varying approaches to defamation and libel laws. Punishment is the thread through them all.

order in the courtFox Corporation chief executive Lachlan Murdoch, through private specialist lawyers, filed “a statement of claim” against Australian news portal Crikey in Federal Court in Sydney, New South Wales, Australia, reported Sydney Morning Herald (SMH) (August 23). Cited as defamation by Fox Corp lawyers is a June 29 article in Crikey that, they said, caused reputational harm to Mr. Murdoch for “allegations of criminality” with “sensational language.” Lachlan Murdoch is also co-chairman, with patriarch Rupert Murdoch, of News Corporation, parent of various subsidiaries including Fox Corporation, owner of US TV channel Fox News.

The Crikey article in question, written by political editor Bernard Keane, primarily focused on US House of Representatives committee hearings into right-wing rioters descending upon the US Capital building on January 6, 2021. The Murdochs - neither Lachlan nor Rupert - have been specifically mentioned in that testimony. “(Donald) Trump is a confirmed unhinged traitor. And Murdoch is his unindicted co-conspirator,” read the headline. “If Trump ends up in the dock for a variety of crimes committed as president, as he should be, not all his co-conspirators will be there with him,” the article added. “Nixon was famously the ‘unindicted co-conspirator’ in Watergate. The Murdochs and their slew of poisonous Fox News commentators are the unindicted co-conspirators of this continuing crisis.”

Obviously aware that the defamation suit was forthcoming, Crikey (August 22) published all correspondence from and to the Murdoch lawyers. "We've decided to stand up to Lachlan Murdoch not only because we believe our reporting is fair comment, but because we wish to stand on the side of free speech in the face of almost unlimited power and resources," said Crikey publisher Private Media chief executive Will Hayward, quoted by BBC (August 23). To reinforce this, Private Media/Crickey placed an open letter in the New York Times and Canberra Times (August 22). “We want to defend those allegations in court,” it said. “We await your writ so that we can test this important issue of freedom of public interest journalism in a courtroom.” Crikey is well-regarded as an irreverent voice in Australian media. Private Media also publishes Smart Company and The Mandarin.

News Corporation is facing two defamation lawsuits filed by election technology companies resulting from Fox News commentators expounding on the false claims of election security issues following the 2020 US presidential elections. Dominion Voting Systems is seeking US$1.6 billion for reputational damaged caused by accusations, repeatedly voiced on Fox News, that its technology “rigged” election results in favor of Joe Biden, currently US President. Attempts by News Corporation lawyers to have the lawsuit dismissed have failed twice. That trial is set to begin in April next year.

Smartmatic, another voting technology company, faced similar disparagement from Fox News commentators. Its US$2.7 billion defamation case is, likewise, proceeding to the discovery phase. Both it and Dominion have issued subpoenas to former Trump administration Attorney General William Barr seeking documents and testimony. Lachlan and Rupert Murdoch are expected to be deposed in the next few weeks, reported the New York Times (August 13).

Fox News reporters and commentators repeatedly lied about election security, verified by dozens of US Courts, as part of the inspiration for infamous right-wing rioters. “These lies did not simply harm Dominion,” said the company’s original court filing, noted NPR (March 26, 2021). “They harmed democracy. They harmed the idea of credible elections.”


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