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

-----------------------------------------------------

can you help me organize my work into what the teacher is looking for?

The purpose of this paper is to analyze the tort of defamation based on Smartmatic's massive lawsuit against Fox News, Sidney Powell, and Rudy Giuliani for defamation and false claims about recent United States elections.

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).