Fox Defamation Case: Viewers ‘Aren’t Going Anywhere’

The Fox News Channel topped ratings again in February — and all its hosts have to do to keep it that way is avoid the subject, experts tell TheWrap.

News Corp. chairman Rupert Murdoch’s deposition in the Dominion Voting Systems case may have been a “fatal blow” to Fox’s legal position as the $1.6 billion defamation case nears trial, but Fox News’ viewership should stay intact as long as its popular hosts just find other things to talk about, lawyers and crisis PR experts told TheWrap.

Fox News’ alleged journalistic misdeeds in covering the 2020 election might seem like a broken record at this point, but its loyal fans are the ones skipping the drama. The channel topped cable news ratings again in February, growing viewership by 7% over January. So how does the channel keep its position after Murdoch’s astounding revelation that business considerations motivated putting election misinformation on the air? The formula is simple: back to the newsroom, but with caution and a lot of damage control. 

“The hosts in question should be extremely careful about what they say,” said Evan Nierman, founder and CEO of crisis PR firm Red Banyan. “While it remains to be seen if Dominion has enough to prevail in court, Fox has been hurt in the court of public opinion. My advice would be to strenuously avoid even touching upon the topic of the 2020 presidential election and its integrity.”

Voting technology company Dominion filed its suit against Fox in 2021, saying the company and its networks falsely reported that its machines rigged the 2020 election to go in Joe Biden’s favor, amplifying claims made by President Donald Trump and his proxies.

Will the charges of reporting fake news turn off Fox’s audience? Nierman says not a chance. 

“Fox’s devoted fans are not going anywhere,” said Nierman. “Fox has a loyal base of viewers, and I don’t expect a large number of them to decamp because of this lawsuit. Fox should be concerned with the financial implications of settling this matter or losing at trial, and is probably more worried about their current audience moving to outlets further to the right.”