Newsmax settles Smartmatic defamation case over 2020 election

Newsmax had been accused by Smartmatic, a controversial voting technology company, of broadcasting claims that Smartmatic helped rig the results of the 2020 presidential election in favor of President Joe Biden. Smartmatic claimed the alleged false accusations made by Newsmax damaged their reputation, costing them billions of dollars in revenue, as per the complaint. The lawsuit was filed in Delaware Superior Court in November 2021.

The agreement was reached just hours after jury selection commenced in a Wilmington, Delaware, courtroom, prior to the opening statements that had been scheduled for Monday.

Newsmax welcomed the settlement and released a statement saying, "Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement." The broadcast channel has denied any wrongdoing and said the comments they made were constitutionally protected under the First Amendment.

Erik Connolly, a lawyer for Smartmatic, said the company was "very pleased" to have settled the case, saying in a statement that "lying to the American people has consequences." He added: "Smartmatic will not stop until the perpetrators are held accountable."

The settlement is the most recent in a series of 2020 election defamation cases that have been resolved through an out-of-court agreement before trial. One America News, a conservative broadcast company, settled with Smartmatic earlier this year, and Fox News famously settled with Dominion Voting Systems last year for a record $787 million.

Dominion has filed a secondary defamation lawsuit against Newsmax, which pertains to comparable allegations. In that instance, Newsmax refutes any wrongdoing.

However, the most significant litigation that is currently pending against a media outlet for its repeated broadcast of 2020 election fraud claims is Smartmatic's case against Fox News and its parent company, Fox Corporation, which is scheduled for trial next year.

"We are now looking forward to our court day against Fox and Fox News for their disinformation campaign," Connolly added in his statement. Fox News has maintained that the network was covering newsworthy events and did not defame Smartmatic.

Fox released a statement following Smartmatic's settlement with Newsmax, saying, "We look forward to defending this case when it goes to trial."

"Smartmatic unsurprisingly chose to settle its case with Newsmax on the eve of trial after a series of major setbacks devastated its case. Those setbacks included: the fact that Smartmatic's President and Co-Founder, as well as one current and one former executive, were federally indicted for bribery in obtaining key business in the Phillippines; Smartmatic was forced to cut its damage claims from $1.7 billion to $370 million to avoid evidence of those indictments; and the Delaware Judge ruled that Smartmatic could not recover punitive damages. Smartmatic's claims against Fox are similarly impaired, unsupported by the facts and intended to chill First Amendment freedoms."