OK, I will re-phrase.
To win a defamation lawsuit one has to CONVINCE A JURY that a media outlet acted with “actual malice.”
And you’re right, that’s different from PROVING anything.
However...
Discovery was not kind to Fox on this one. Their texts and emails were pretty convincing, and their testimony in depositions (from Hannity, to Bartiromo, to Murdoch himself) indicate that none of them believed what Powell and Giuliani were saying.
Murdoch himself is on record (in deposition testimony) saying that they broadcast what they did to boost ratings.
When the jury already hates you, you don't have to convince them. They are already going to hurt you any way they can.
Discovery was not kind to Fox on this one. Their texts and emails were pretty convincing, and their testimony in depositions (from Hannity, to Bartiromo, to Murdoch himself) indicate that none of them believed what Powell and Giuliani were saying.
What does what they believe have to do with anything? " The opinions put forth by their guests are their own opinions and do not represent the positions of this network or it's affiliates."
Sound familiar?
Murdoch himself is on record (in deposition testimony) saying that they broadcast what they did to boost ratings.
So? Every news network in the world puts on crazy people who make ridiculous accusations. It's still not the responsibility of the network for what crazy people say.
If we are going to play the game that way, all the other networks should be bankrupted after all the lies they have promulgated by allowing their platforms to be exploited by vicious liars.
We cannot have two standards of justice in this nation.
To win a defamation lawsuit one has to CONVINCE A JURY that a media outlet acted with “actual malice.”
Actual malice is ONLY an element of defamation when you are allegedly defaming a public figure (ostensibly to allow for criticism of public officials, even if that criticism isn’t true). I highly doubt that anyone had ever heard of Dominion before 2020, they were not going to have to show actual malice.