Fox News to pay $787M settlement to Dominion Voting Systems over stolen election lies

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• Geoff Bennett:

  Welcome to the "NewsHour."

  The defamation trial against FOX News ended before it started. Dominion Voting Systems had alleged the right-wing network knowingly broadcast lies that its voting machines were used to steal the 2020 presidential election.

• Amna Nawaz:

  In a settlement announced by Dominion's lawyers today, FOX agreed to pay $787 million, roughly half the amount Dominion had been seeking. Dominion's lawyers called the deal a ringing endorsement for truth and democracy.

• Justin Nelson, Attorney For Dominion Voting Systems:

  The truth matters. Lies have consequences. Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories, causing grievous harm to Dominion and the country.

• Geoff Bennett:

  In a statement, FOX News said — quote — "We acknowledge the court's rulings finding certain claims about Dominion to be false. The settlement reflects FOX's continued commitment to the highest journalistic standards."

  David Folkenflik is NPR's media correspondent and is outside the courtroom in Delaware.

  Thank you for being with us.

  And, David, Dominion executives and lawyers, they really sidestepped reporters' questions during that press conference about what, if any admission of guilt is included in this settlement beyond the initial statement I just read.

  You were in the courtroom today. Do you have any clarity on that?

• David Folkenflik, NPR:

  I think we do have clarity about what FOX is willing to admit. And I think you have just read it aloud.

  It is willing to admit in the passive voice that false claims were made. And it said that it wanted the nation to be able to move on from the controversies engendered by these false claims that there had been election fraud in the 2020 race to cheat then-President Trump of victory.

  But, essentially, the payment, the announcement of the size of the payment is the apology. And that's what FOX is willing to give here. That's what the Murdochs atop the FOX News and its parent company are willing to pay to make — to be able to sidestep themselves the question of any apology and also be able to avert Rupert Murdoch and others having to testify in open court and for more embarrassing testimony or evidence to come forward about how FOX operated in that crucial period after the 2020 elections.

• Geoff Bennett:

  Well, on that point, this settlement means that FOX avoids a potentially messy and embarrassing trial. One can imagine why they would want to settle this case.

  What's in it for Dominion? Why were they inclined to settle?

• David Folkenflik:

  Well, on the one hand you can look at it and note that it is exactly $12.5 million less than $800 million, which would be the halfway mark to the $1.6 billion damages that Dominion had sought in this case.

  So, FOX can say, we settled for less than half. But it is an astronomical figure, more than FOX and the Murdochs have ever paid for any single settlement, far more. And it is also an opportunity to avoid being tied up in court for years, not in this trial, given that Dominion had amassed so much evidence of the knowledge that people inside FOX had that what they were putting on the air was untrue and damaging, but also that this would have gone into appeals.

  And that could have taken a lot of years, even had Dominion prevailed upon appeal. And appellate courts often reduce the amount of damages awarded by juries. So, Dominion would have been rolling the dice if they had turned down the opportunity to achieve a settlement as large as this.

  And I want to reiterate, I think the size of the settlement, nearly $800 million, because it was made public, becomes the apology itself.

• Geoff Bennett:

  FOX Corp in February reported total quarterly revenues of $4.6 billion. Is $787.5 million, is that enough? Will that make enough of a dent for FOX to change the way it does business, to stop knowingly spreading disinformation, about the 2020 election?

• David Folkenflik:

  I think it's enough to do that last specific thing you mentioned, to stop sowing misinformation and falsehoods and lies about the 2020 race.

  And FOX had effectively backed off from doing that. I think it's a real open question, in fact, I'm very skeptical that FOX will do business extremely — difficulty. It may not put an out there and broadcast explicitly false claims, but I think the tenor of what it does, stoking certain form of cultural grievances, and really ignoring unwelcome truths, is likely to continue to be adopted by FOX News because of what you just cited, the billions of dollars a year it generates in revenues and in profits.

  It's the vast majority of the profits for its parent company, FOX Corp. It's really the most important property the Murdochs control in their vast global media empire. And so I don't think you're going to see FOX do business greatly differently. I think this isn't pocket change. This isn't just loose money you find between couch cushions. Even for somebody named Murdoch, it's notable. It's important.

  But it's not enough to make them say, you know what, we're not going to do business this way. I think they will avoid the explicitly false claims, but continue to embrace the tenor of what they say, which is really what people are looking for anyway.

• Geoff Bennett:

  NPR media correspondent David Folkenflik.

  David, thanks for that reporting and thanks for being with us.

• David Folkenflik:

  You bet.

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