On defamation, Dominion, discovery, and damages.

Dominion Voting Systems sells voting hardware and software, including electronic voting machines.¹

After the 2020 US Presidential Election, Fox News aired claims that Dominion rigged the election.²

Dominion has sued Fox News for defamation. It is seeking USD1.6 billion in damages. The matter is going to trial.

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Some takeaways, for businesses and individuals.

First, words have consequences.

Some folks still express surprise when facing consequences for what they post online. They say things like:

"It's just a comment! What's the harm? I'm just speaking my mind!"

Folks, you can face legal consequences for what you say, whether online or offline³. Even if it's to just a closed group of friends. Even if it's just a passing comment that you think is funny or innocuous. And especially if the subject of the comment finds out, and has the incentive and resources to not take it lying down.

So: watch your words.

Second, discovery obligations are a big deal.

The trial was originally scheduled to begin on Monday. Last week, at a hearing on pre-trial matters, "the judge scolded Fox’s lawyers after Dominion revealed that network had serially obfuscated Rupert Murdoch’s official role at the company." Fox's lawyers have "maintained for years that he had no official title at Fox News." But right before the hearing, "they conceded that he is also an officer at Fox News."⁴

This may sound like a mere technical distinction. But Dominion claims that this obfuscation blocked them from getting Murdoch-related documents in discovery. For the unacquainted, discovery is the process, in many common law jurisdictions, by which parties exchange relevant documents - both good and bad for them - prior to trial.

The Judge was, understandably, not pleased. He told Fox's lawyers that they had "a credibility problem”, and said, “I need to feel comfortable that when you represent something with me that it’s the truth – and that was not true."

Fox's lawyers subsequently called this a "misunderstanding".⁵

At best, Fox would be starting off trial on the wrong foot. At worst, it may face sanctions.⁶ In Singapore, if litigants breach their discovery obligations, the Court has the power to throw out their case - and has done so in the past.

So: take discovery seriously.

Third, consider how to protect your company from a hefty award of damages.

Dominion's claim for USD1.6 billion is likely to raise some eyebrows. And no doubt Fox News will push back against this figure.⁷

But apart from putting up a vigorous legal defence, there are options available to protect businesses from being sued, ranging from appropriate corporate structures to insurance. Don't wait until you've been sued before having this conversation with your legal advisors.

So: obtain advice on how to protect yourself from claims, before they arise.