The Superior Court of Delaware ruled yesterday (9/23) that Smartmatic will not be eligible for punitive damages in its defamation case against Newsmax. This is a major ruling in favor of Newsmax.
The Court ruled that since Newsmax had never engaged in express malice – meaning it never intended to harm Smartmatic – the voting company could not claim punitive damages. Yesterday’s ruling means that to recover any damages Smartmatic will have to prove to a jury that Newsmax’s coverage caused Smartmatic actual losses. Sources at Newsmax tell TALKERS, “Newsmax’s reporting did not cause Smartmatic damages and after extensive discovery Smartmatic has offered no evidence of such claimed damages.” According to Newsmax, the multimedia platform covered both sides of the dispute in the aftermath of the 2020 election and that the Smartmatic suit against Newsmax “threatens freedom of speech and freedom of press.”