Election software company Smartmatic is threatening to sue a number of networks for defamation, just days after serving a legal notice to attorney Sidney Powell.
Smartmatic sent legal notices to media companies Newsmax, OANN, and Fox.
In a press release, the company’s CEO says the networks “have no evidence” of their claims that Smartmatic is potentially involved in election fraud. He says “This campaign was designed to defame Smartmatic and undermine legitimately conducted elections.”
The company is demanding retractions.
Newsmax issued a statement about their coverage on Smartmatic and Dominion Voting Systems: “Newsmax would like to clarify its news coverage and note that it has not reported as true certain claims made about these companies.”
A few shows on Fox News that reported on the potential fraud issues also broadcast a segment, with an expert claiming some fraud allegations against Smartmatic are false.
Attorney Sidney Powell also received a legal notice from the company. Lin Wood, now representing Powell in the defamation claims, told Smartmatic’s lawyer to “file your lawsuit.”
Americans enjoy protection from the First Amendment. Truth is a defense in defamation cases.
If the voting companies were to file lawsuits, they would need to prove the networks’ coverage is false. And if the voting companies are considered public figures, they also bear the burden of proving the networks acted with malicious intent.
But some have pointed out the legal notices alone might have done the work, given the high cost of lawyer fees and the fact that litigation could scare investors.