The Denver Post

Smartmatic and OAN settle defamation suit

- By Katie Robertson

The voting t echnology company Smartmatic reached a settlement Tuesday in its defamation lawsuit a gainst One A merica News Network, a far- right broadcaste­r, over t he a mplificati­on of election falsehoods about the 2020 presidenti­al election.

The terms of the settlement were confidenti­al.

Smartmatic filed the lawsuit in 2021, accusing OAN of a iring baseless c laims that Smartmatic had been involved in rigging the presidenti­al election through its voting machines. On Tuesday, a filing for a dismissal of the case with prejudice, meaning it c annot be r etried, w as s ubmitted b y Smartmatic’s lawyers to the U. S. District Court for the District of Columbia.

Lawyers for Smartmatic and OAN did not immediatel­y respond to r equests for comment.

OAN was one of s everal r ight- wing cable networks that broadcast conspiracy theories pushed by supporters of former President Donald Trump in the wake of his defeat in 2020, including claiming w ithout evidence that vote tallies i n critical s tates had been tampered with in order to h elp President Joe Biden win.

In its original complaint, Smartmatic said that it had been a v ictim of t he n etwork’s “decision to increase its viewership and influence by spreading disinforma­tion” as it attempted to siphon off viewers from Fox News.

OAN repeatedly l inked Smartmatic t o a nationwide vote- rigging conspiracy, the complaint said, despite knowing there was no evidence a nd t hat Smartmatic’s technology a nd software h ad o nly been used in Los Angeles County during the election.

OAN, which was started by Herring Networks i n 2013 a nd i s a strong s upporter o f Trump, w as dropped by Directv and Verizon Fios in 2022 and is no longer available on any major carriers.

While this case has concluded, there are numerous ongoing lawsuits filed by Smartmatic a nd another election t echnology company, Dominion Voting Systems, against conservati­ve news outlets over their 2020 election coverage.

OAN still faces a defamation l awsuit f rom Dominion. It settled a separate lawsuit i n September 2023 b rought a gainst t he network by Eric Coomer, a former Dominion executive.

Last A pril, Fox News agreed t o pay $ 787.5 million t o Dominion t o settle a defamation suit over the broadcasti­ng of similar conspiracy t heories. T he last- minute settlement, believed to be the biggest ever in a defamation case, came on the day a t rial was set to begin.

In 2021, Smartmatic sued Fox News in New York state Supreme Court, seeking at least $ 2.7 b illion i n damages. That case is ongoing and is not expected to go to trial until 2025. Fox News has filed a countercla­im accusing Smartmatic of a frivolous lawsuit d esigned to suppress free speech.

Smartmatic and Dominion have separate lawsuits against the outlet N ewsmax, accusing it of repeatedly a iring the baseless vote- rigging c laims. B oth cases are expected to go to trial in September in Delaware Superior Court, where they w ill be o verseen by Judge Eric Davis, who presided over the Dominion vs. Fox News trial last year.

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