Question
https://www.npr.org/2021/02/04/964097006/election-tech-company-sues-fox-news-giuliani-and-others-for-2-7-billion This is an interesting take on the tort of defamation, with immediate impact on our culture. After reading the article, post at
https://www.npr.org/2021/02/04/964097006/election-tech-company-sues-fox-news-giuliani-and-others-for-2-7-billion
" This is an interesting take on the tort of defamation, with immediate impact on our culture. "
After reading the article, post at least one paragraph addressing the following questions.
What are the actual facts (related to the elements of defamation) that Smartmatic will have to allege to present a prima facie case? What actual facts would support any defense on the part of Fox News or the individual persons that are being sued? Without allowing your personal political views to color your analysis, what are the legal merits of Smartmatic's claims, or Fox News' defenses? What impact could a ruling in favor of Smartmatic have on defamation law in general? What impact could a ruling in favor of Fox News have?
The rubric I will use to grade this assignment is as follows:
4 - Initial paragraph
4 - Responsive paragraph 1
4 - Responsive paragraph 2
3 - Responses to my comments
Each paragraph will be graded on the following elements:
- Depth of analysis
- Originality
- Accuracy
- Grammar / spelling / style
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can you help me organize my work into what the teacher is looking for?
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can you help me paragraph in th enexr 30 min to what my teacher is requesting?
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No business or company would want to broke their reputation on their specific industries. Each company would make sure that all concerns and problems are solved before it can make a lot of issues that can bring damage to the company.
Defamation is a form of degrading one's reputation by giving false statement towards the other party. Defamation may either be slander or libel. Libel is a defamatory statement in a form of writing or other visible forms in which slander showed defamatory statement. A defamatory statement has the probability to harm the reputation of another individual or company, which may degrade the opinion of the concerned person in society and this may effect in him or her being hated, mocked, or feared. In most cases, the defamed person or company will almost always claim thatit resulted in a loss of income.
One of the example of a defamation issue is about filing a massive lawsuit of Smartmatic against fox stars Lou Dobbs, Maria Bartiromo and Jeanine Pirro, as well as Trump allies Rudy Giuliani and Sidney Powell.
The defamation and disparagement lawsuit strives more than $2.7 billion, with a damage from what Smartmatic refers to a "disinformation campaign" that was conducted by people who were unhappy and dissatisfied with new President Biden's victory.
The following are the supporting details about this defamation issue:
1. For Smartmatic to present a prima facie case the actual facts to allege will be a false statement purporting to be the fact, there is publication or that statement communication to a third party, negligence, and damages. Smartmatic presented Fox News published an article with the damage called "disinformation campaign" by the tech company spread through false and erroneous claims that the election was fraudulent.
2.The defense of defamation from Fox News, Sidney Powell, and Rudy Giuliani will be based on the truth of the statement, fair comment, and privilege. Fox News's defense was based on the truth of the statement and fair comment where the company established that Fox News Media was committed to providing the full context of every story with a clear opinion and in-depth reporting (Chappelle, Folkenflik, 2021).
3.The defamation privileges and defenses establish that Fox News is required to maintain journalistic practices and standards of accuracy, thorough and fairness when publishing the information. The truth defense where the statements of publishing the issue need to be substantially true. The legal merits of Smartmatic will be based on Fox News failing to prove it was truthful in publishing information that injured Smartmatic's reputation. Furthermore, the media house did not have the right to report on allegations, not in court.
4.Ruling in favor of Smartmatic will have an impact on the best way to utilize privileges on the defamation law. The impact of ruling in of favor Fox News is that publishing information is a process of performing a civic function of making information available to the problems thus the media outlet acting as the watchdog to the government and society's interests (Awmee, 2018).
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