Monday, April 24, 2023

Fox News probably won't pay all of the $787.5 Dominion settlement

Dominion Voting Systems' $787.5 million court victory over Fox News was huge. And other cases against Fox News over their claims of rigged voting machines in the 2020 election may still follow.

But Fox are unlikely to actually pay the whole amount in practice. That's because, incredible as it may seem, they can legally set the payment against their tax bill for the year. In this way, they could save up to a quarter of the defamation charges through tax savings, leaving the net charge at an estimated $590 million, still a large sum, but not quite as eye-popping as the initial award.

However unfair it may seem, Fox can deduct the Dominion settlement from its income taxes as a "necessary expense", essentially just a cost of doing business. Big companies, including major banks and oil companies, do this all the time.

Furthermore, it's also more than likely that Fox will have media liability insurance - yes, that's a thing! - which could defray at least $100 million of the legal cost. Suddenly, the huge settlement is not looking quite so impressive.

Fox had an estimated $4 billion in cash reserves on hand at the end of 2022, so the net effect is probably not going to hurt them too much. In a public statement, Fox has said that it doesn't expect the settlement to affect its operations. And don't expect it to change its politics or its modus operandi either.

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