WILMINGTON, Delaware — Newsmax Media reached a confidential settlement of a lawsuit by Smartmatic, the voting machine maker that had alleged it was defamed by the news outlet’s false claims that its machines were rigged to help steal the 2020 U.S. presidential election from Donald Trump, the companies said on Thursday.
The agreement came on the eve of a four-week jury trial, with opening arguments scheduled to begin in Wilmington, Delaware on Sept. 30.
“Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” the company said in a statement.
Smartmatic also said in a statement it was pleased to have reached a deal. “Lying to the American people has consequences. Smartmatic will not stop until the perpetrators are held accountable.”
Smartmatic sued Newsmax in 2021, alleging it broadcast damaging misinformation falsely claiming the company switched votes in the 2020 election, that its machines were hacked and that it was funded by corrupt dictators.
Smartmatic alleged that Newsmax profited from its false reporting. Trump amplified Newsmax’s reporting on social media and the broadcaster’s audience jumped 10-fold after the election, vaulting it over cable news rivals such as CNBC and Fox Business, according to Nielsen Ratings.
Smartmatic’s machines were only used in Los Angeles County in the 2020 election and it has said there has never been a security breach with its equipment, which has recorded billions of votes, largely in non-U.S. elections.
Both Newsmax and Smartmatic’s U.S. affiliate are based in Boca Raton, Florida.
Newmax said it had a First Amendment right to report claims by Trump and his supporters, which were often made in court filings challenging the election.
The company also clarified its reporting about Smartmatic in December 2020 and invited Smartmatic representatives to come on air to explain their side of the story to Newsmax viewers. Smartmatic did not accept that invitation.
Newsmax has described its coverage of Smartmatic as “minor.”
Smartmatic has not publicly estimated the damages at stake, but Newsmax told the court on Sept. 16 the voting machine company was seeking $400 million to $600 million and described the case as “bet your company” litigation.