The voting equipment company Smartmatic has agreed to settle a defamation lawsuit with the far-right One America News Network (OAN) over lies broadcast on the network about the 2020 election.
Erik Connolly, a lawyer for Smartmatic, confirmed the case had been settled, but said the details were confidential. Attorneys for Smartmatic and OAN notified a federal judge in Washington on Tuesday that they were agreeing to dismiss the case, which Smartmatic filed in 2021.
Smartmatic sued OAN in November 2021, saying the relatively small company was a victim of OAN’s “decision to increase its viewership and influence by spreading disinformation”. Smartmatic was only involved in the 2020 election in a single US county, Los Angeles, but OAN repeatedly broadcast false claims that its equipment had flipped the election for Biden. Trump allies Rudy Giuliani and Sidney Powell played a key role in advancing the outlandish claims.
Defamation cases are difficult to win in the US, with plaintiffs having to clear a high bar of showing that defendants knew the information was false and published it anyway. The settlement comes months after OAN lawyers apparently accidentally turned over documents showing that the network had obtained a spreadsheet with Smartmatic employees’ passwords. It’s not clear if the passwords were authentic, but Smartmatic lawyers said in court filings that the network may have committed a crime.
The settlement also means that internal documents from OAN showing how the network weighed and evaluated claims about the 2020 election will not become public. Before the voting equipment company Dominion reached a $787.5m settlement with Fox last year, those kinds of internal documents offered smoking gun evidence that key personnel at Fox knew election claims were false.
The settlement is the latest development in a series of defamation cases that have sought to hold media outlets accountable for spreading false information about the 2020 election. In 2022, OAN settled a defamation case brought by Ruby Freeman and Shaye Moss, two Atlanta election workers it falsely claimed were involved in stealing the election. The network issued an on-air report saying there was “no widespread voter fraud” by Georgia election officials and clarifying that Freeman and Moss “did not engage in ballot fraud or criminal misconduct”.
Smartmatic still has a pending $2.7bn defamation lawsuit against Fox.
Earlier this month, a Delaware judge set a September trial date for Smartmatic’s defamation case against Newsmax. Both Smartmatic and Dominion also have ongoing defamation cases against Powell, Giuliani and Mike Lindell.
Legal scholars are carefully watching the cases to see whether defamation law can be an effective tool in curbing misinformation.
