A group of New York City pension funds, along with others from the state of Oregon, have sued Fox Corp. and its officers and directors for “consciously disregarding defamation risk.” Fox News 2020 election coverage promoted “political narratives without regard for whether the underlying factual assertions were true or based on sources worthy of credit,” opening the company to litigation. “The board of directors of a Delaware-incorporated media company cannot be indifferent to the existential threat of broadcasting or publishing falsehoods that constitute actionable defamation,” said the lawsuit brought by the NYC Employees Retirement Fund, City Board of Education Retirement Fund, City Fire Department Pension Fund, Police Pension Fund and Teachers’ Retirement System, and the Oregon Public Employee Retirement Fund — all shareholders of Fox Corp.
The move follows Fox’ $787.5 million April settlement of a defamation lawsuit by Dominion Voting Services on the first day of a jury trial.
A still pending lawsuit by Smartmatic, another electronic voting firm, is seeking $2.7 billion in damages. “A claim for defamation can expose a media defendant to reputationally damaging discovery and a potentially ruinous judgment,” said today’s suit, filed under seal in Delaware Chancery Court and obtained by Deadline. “Major media companies generally take precautions to minimize potential defamation claims.
They follow established practices and standards about what they will publish, engage in fact-checking, undertake editorial review, and make timely corrections to inaccuracies.
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