The defamation lawsuit brought by voting machine company Smartmatic against Newsmax over its reporting about the 2020 election will head to trial, a judge ruled Thursday.
The trial is set to begin Sept. 30 in Delaware.
Judge Eric C. Davis — the same judge who oversaw the landmark Dominion Voting Systems vs. Fox News case that resulted in a $787 million settlement for Dominion — ordered that a jury must decide key issues in the Smartmatic case, including if Newsmax committed “actual malice” in its election reporting.
“The jury must determine if Newsmax was doing what media organizations typically do — inform the public of newsworthy events — or did Newsmax purposely avoid the truth and defame Smartmatic,” Davis wrote in his 57-page order.
Smartmatic sued Newsmax for defamation in November 2021, accusing the network of publishing dozens of false reports claiming that Smartmatic helped rig the 2020 election.
Newsmax has argued, in part, that they were reporting on newsworthy claims of fraud.
Picture of the logo of Smartmatic, the firm that supplies Venezuela’s voting technology, seen on a sliding door at the headquarters of the company in Caracas, Aug. 2, 2017.
Ronaldo Schemidt/AFP via Getty Images
Davis, in his ruling Thursday, also ruled that the question of damages must be left to the jury, after Newsmax contested Smartmatic’s claim that the voting machine company lost hundreds of millions of dollars in business as a result of Newsmax’s actions.
In a win for Smartmatic, Davis granted Smartmatic’s claims on falsity, finding that “statements regarding Smartmatic software or voting machines altering the results of the Election are factually false.” But in a win for Newsmax, Davis denied Smartmatic’s claims of express malice, writing “there is no evidence that Newsmax acted with evil intent towards Smartmatic.”
Earlier this year, Smartmatic settled its claim against One America News for an undisclosed amount.
Smartmatic, a voting technology company, is set to go to trial against Newsmax in a defamation lawsuit regarding the 2020 election. The lawsuit, filed in February 2021, alleges that Newsmax made false and defamatory statements about Smartmatic’s role in the election, leading to damage to the company’s reputation and business.
The controversy surrounding the 2020 election has been a hotly debated topic, with many claims of voter fraud and election interference. Smartmatic was one of the companies at the center of these claims, with some alleging that their technology was used to manipulate the election results.
Newsmax, a conservative news outlet, aired several segments and published articles that suggested Smartmatic was involved in a conspiracy to rig the election in favor of Joe Biden. Smartmatic has vehemently denied these claims and has stated that they have no ties to any political party or candidate.
The lawsuit alleges that Newsmax’s coverage of the election was not only false but also damaging to Smartmatic’s reputation and business. The company claims that they have lost potential clients and suffered financial harm as a result of the false statements made by Newsmax.
The trial is set to begin in the coming months, and both parties are gearing up for what is sure to be a contentious legal battle. Smartmatic is seeking damages for the harm caused by Newsmax’s false statements, while Newsmax is expected to defend their reporting as protected under the First Amendment.
This case is just one example of the legal battles that have emerged from the aftermath of the 2020 election. As misinformation and conspiracy theories continue to spread, companies like Smartmatic are taking a stand against those who spread false information and damage their reputation.
It will be interesting to see how this trial unfolds and what impact it may have on future reporting and coverage of elections. In an age where misinformation can spread rapidly through social media and news outlets, holding those responsible for spreading false information accountable is more important than ever.
