Newsmax argues that it was simply reporting on newsworthy allegations being made by former President Donald Trump and his supporters.
FILE - A Smartmatic representative demonstrates his company's system, which has scanners and touch screens with printout options, at a meeting of the Secure, Accessible & Fair Elections Commission, Aug. 30, 2018, in Grovetown, Ga. against a conservative news outlet that aired accusations of vote manipulation in the 2020 election appears headed to trial, following a Delaware judge’s ruling Thursday.
Attorneys for both sides asked Superior Court Judge Eric Davis to rule in their favor without holding a trial, which is scheduled to start Sept. 30. On Thursday, Davis granted partial summary judgment to each side but said a jury must decide several key issues. “Therefore, the court will allow Newsmax to contest falsity as to Smartmatic’s connections with Venezuela,” he wrote.
In another blow to Smartmatic, Davis said Newsmax can argue that it is protected from liability under Florida’s “neutral reporting privilege,” which extends to “disinterested and neutral reporting” on matters of public concern. Newsmax argues that the privilege applies because many of the allegedly defamatory statements were made by third parties appearing as guests, or were rebroadcast after being made by third parties on non-Newsmax platforms.
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