Fox’s alleged disinformation
The Guardian on Jankowicz v Fox part 2:
Her aim she said was partly to show that individuals could also confront the powerful, not just businesses like Dominion and Smartmatic. “These companies have venture capital firms behind them, they can afford fancy lawyers and years-long trials to hold Fox to account. For individuals like me, it’s much harder – and I don’t believe that is something that our system can sustain.”
By bringing the lawsuit, she runs the risk of potentially opening herself up to a renewed wave of criticism that she is attempting to limit free speech protected under the first amendment. The Guardian asked her whether suing for defamation was the best way to counter Fox’s alleged disinformation.
Jankowicz stressed that she didn’t pursue the lawsuit lightly. “I don’t think anybody should pursue a lawsuit just because someone said something mean about them – I have a thick skin. But I believe Fox’s continued lies about individuals are a greater threat to free speech and democracy than a carefully considered, narrow lawsuit like mine.”
She said her main aim was to force Fox to answer for what she called its false statements of facts. “That sort of coverage is not protected speech,” she said. “If Fox isn’t brought to account, they will not stop.”
Mean is one thing and lie is another.
Having been involved as sole plaintiff in a serious defamation case, I know how Nina Jankowicz must feel. She will have no shortage of friends advising her against going down that path against an outfit as rich and powerful as the Murdochracy, but will not be able to live with herself if she doesn’t. (I was publicly accused of taking advantage of a seriously mentally disabled person for my own financial gain. My accusers eventually settled out of court, and to my satisfaction.)
The Murdochracy’s idea of their own ‘free speech’ will be somewhat different from their idea of Jankowicz’s, in reply or otherwise, and proving malice on the part of the defendant is a big part of any defamation action. And of course, there is a vast difference in resources between the sides in the case. Ideally, Jankowicz’s reply to the charges would have to be given equal space and to her satisfaction in any and all of the Murdoch rags and media that published them in the first place.