Texts sent between key Fox News figures about former US president Donald Trump's "truly bizarre" voter fraud claims have been used by Crikey in its defence to Lachlan Murdoch's defamation claim.
The messages, included in an amended defence filed by Crikey publisher Private Media in the Federal Court, were sent between Lachlan and Rupert Murdoch and other Fox executives between Mr Trump's defeat in the November 2020 presidential election and the Capitol riots the following January.
"I think we are entering a truly bizarre phase of this where (Mr Trump) has actually convinced himself of this farce and will do more bizarre things to delegitimize the election," wrote Fox Corporation director Paul Ryan to the Murdochs on December 6, 2020.
The messages have been used by Crikey to paint a picture that Lachlan Murdoch knew the stolen election claims were a lie, but that Fox presenters and guests were still encouraged to make the allegations to retain viewers and boost the network's commercial gains.
"Half of what Donald said was good. The other half bulls*** and damaging. Big media, big money and big tech all against him and his vote in spite of this a mighty achievement. But conspiracy with pollsters NO! Latter simply incompetent," Rupert Murdoch wrote in a November 2020 email.
In deciding to call the election in favour of Joe Biden, the senior Murdoch appear to take comfort at Fox not being first off the mark.
"We should and could have gone first but at least being second saves us a Trump explosion!", he wrote to his son Lachlan.
On January 11, 2021, Fox board member Anne Dias emailed Lachlan Murdoch and his father urging them to "take a stance".
Despite receiving the messages and responding to them, Lachlan Murdoch did not say he believed Mr Trump's claims and had been told that they were "outlandish" and "really crazy," Crikey said.
The internal communications were originally released through an ongoing US lawsuit by Dominion Voting Systems against Fox News for airing bogus allegations that the firm's voting machines aided the claimed election fraud.
In Australia, Lachlan Murdoch is suing Private Media over an allegedly defamatory June 29 opinion piece that was taken down and then posted back online on August 15.
Crikey political editor Bernard Keane, former editor-in-chief Peter Fray, chairman Eric Beecher and CEO Will Hayward are also named in the lawsuit.
Mr Murdoch alleges the article titled "Trump is a confirmed unhinged traitor. And Murdoch is his unindicted co-conspirator" conveyed a meaning that he illegally conspired with Mr Trump to "incite a mob with murderous intent to march on the Capitol" in Washington DC on January 6.
In its new defence, Crikey says Mr Murdoch was "morally and ethically culpable" for the attack on the Capitol.
"Lachlan Murdoch's unethical and reprehensible conduct in allowing Fox News to promote and peddle Trump's lie of the stolen election, despite Lachlan Murdoch knowing it was false, makes him morally and ethically culpable for the illegal January 6 Attack," the publisher wrote.
The firm has raised a number of defences including that the articles were true, were in the public interest to write and they were published based on an implied freedom of political and governmental discussion.
Crikey also claims any compensation Mr Murdoch receives should be mitigated because his reputation has already been damaged through his position within the "Murdoch global media conglomerate" and the broadcasting of the false election claims.
The matter will next come before the court on June 27. A three-week hearing is set to begin on October 9.
