NOV 2020: Biden wins the election. Trump disagrees with the decision and send his lawyers, Sidney Powell and Rudi Giuliani, to share this to Fox News. While being interviewed, Powell accused Dominion Voting Systems for rigging their software and corruption. Dominion sued Fox News for defamation for $1.6 billion. For Dominion to win the case, they will have to prove actual malice, which means Dominion has to prove that Fox News does not believe that the election was rigged but still claims it to be true.
How effective is third party regulation?
In situations where the government don't have the authority to regulate, third party regulation is very important. In this case, it is important for the sake of its reputation and brand image. If it weren't for Dominion, a third party, taking the initiative to sue Fox News for defamation, its reputation could be ruined.
Why didn't US Law Section 230 apply?
US Law Section 230 applies only to the internet, while Fox News is a news organisation, and the interview with Sidney Powell conducted done live on air. Therefore, the law protecting media companies from user generated content does not apply, which is why Dominion was able to sue Fox News, despite the Dominion remarks and election rigging claims being made not by Fox but Sidney Powell.
Should Fox news be held accountable?
Fox News should not be held accountable for what interviewees say but can be held accountable if the hosts show some form of agreement with the statements made by interviewee. News media companies should not be held accountable for facilitating people like Sidney Powell sharing their controversial ideas as it is the job of news companies to share to the world. However, in this case, it is clear that despite fully acknowledging the lie of voting fraud, Fox news and its anchors continue to share stories supporting it. This means they are purposely spreading misinformation, which is extremely harmful, especially due to the fact that most of Fox News's audience live within a media bubble, as Fox News mainly appeal to far right audiences. According to the Two step-flow theory, Fox news anchors like, Tucker Carlson, are trusted opinion leaders in the eyes of its audience, and whatever he says will be absorbed by audiences. If it wasn't for Dominion taking action, we would not have known that Fox News themselves do not believe in Trump's notion of voting fraud.
What are issues surrounding freedom of speech?
This is a breach, however necessary, of freedom of speech. Fox News, along with Sidney Powell and Rudi Giuliani are exercising their right to free speech and are merely sharing their opinion. However, this is a prefect example of how freedom of speech should be regulated. Spreading misinformation, such as comments directed at a party and has the potential of damaging its reputation, should be penalised.
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