Lawsuit against Fox for false election claims heads to trial
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00:00 and crossed to the Guardian's Washington Bureau Chief,
00:02 David Smith.
00:03 So David, there was some talk of a settlement in this case.
00:06 What's the latest?
00:07 - Yeah, really the biggest media trial
00:10 in decades in America.
00:12 And it was meant to get started on Monday,
00:16 but there was a postponement and a lot of speculation
00:18 that Fox News was making a last ditch effort
00:21 to negotiate an out of court settlement.
00:24 But that apparently has not come to pass.
00:27 Lawyers have already arrived at the court.
00:29 This morning, it seems that this trial is on,
00:33 very eagerly watched by the rest of the media.
00:36 As you can imagine,
00:37 there's been long lines trying to get into the courtroom
00:40 and really absolute fascination
00:42 with what this trial will reveal,
00:45 particularly about the inner workings of Fox News,
00:48 long seen as a big cheerleader for Republicans
00:51 and especially President Donald Trump.
00:54 And what we know already from legal filings
00:57 ahead of this trial is that Fox News hosts,
01:01 they were going on air,
01:02 broadcasting some of these conspiracy theories
01:05 about Dominion voting systems and election rigging,
01:08 but meanwhile, privately saying that they knew
01:10 these claims were false.
01:12 And some of them like Tucker Carlson saying
01:15 that they can't stand Donald Trump.
01:17 So we'll see what more revelations come that way.
01:22 Dominion voting systems looking to prove
01:23 that there was actual malice in Fox News's actions,
01:27 which is normally a very high legal standard,
01:29 but a lot of legal experts think
01:31 that might actually be the case this time.
01:34 And we're expecting witnesses in the coming days and weeks,
01:38 potentially including Rupert Murdoch himself,
01:41 the owner of Fox, his son, Lachlan,
01:43 hosts such as Sean Hannity and Tucker Carlson.
01:49 It's going to be a very closely watched trial,
01:53 potentially with implications for the First Amendment,
01:57 protects freedom of speech in the US.
01:59 - You mentioned Rupert Murdoch
02:00 and that he's expected to testify.
02:02 What exactly is at stake here for Fox News
02:05 and for Rupert Murdoch?
02:07 - Well, this defamation suit is for $1.6 billion,
02:12 which is obviously a mind boggling sum
02:15 and it would wipe out Fox News's profits
02:18 from last year, for example.
02:19 But in terms of overall revenue and the size of the company,
02:23 Fox News could absorb that hit.
02:27 But the point of these trials also of course
02:29 is potential reputational damage.
02:32 And this is going to be a very uncomfortable few weeks
02:35 for Fox News.
02:36 The critics saying it,
02:37 they've always got away with it in the past.
02:39 The critics say they've often spread lies
02:42 or false claims about political matters.
02:46 This time it's going to be under a legal microscope
02:49 and there's nowhere to hide.
02:51 If that gets through to their viewers, it could hurt them.
02:54 And what we know from around the 2020 election
02:57 is that Fox was very conscious of its upstart rivals
03:02 on the right, other fringe networks
03:04 that were taking some of its viewers.
03:06 So this could be a very painful experience for them.
03:10 You probably won't see much about it on Fox News itself,
03:14 but it has potential to shake Rupert Murdoch's empire.
03:19 He's now 92 years old,
03:21 obviously one of the most influential figures
03:24 in world media.
03:25 And sitting in that courtroom in Wilmington, Delaware
03:28 is certainly not where he wants to be.
03:31 - Well, a lot of people will be watching, that's for sure.
03:34 The Guardian's Washington Bureau Chief, David Smith.
03:36 David, thanks as always.