Defamation Case Over 2020 Election Film Fails on 'Actual Malice' Standard

A federal judge in Florida has ruled that former Overstock CEO Patrick Byrne is not liable in a defamation lawsuit over his 2020 film "The Deep Rig." The suit was filed in 2022 by Eric Coomer, a former director of product strategy and security at Dominion Voting Systems. The film alleges a conspiracy to manipulate the 2020 US election results, and includes a claim by Joseph Oltmann that a man called "Eric" from Dominion said on a call that Donald Trump wouldn't win reelection because he had "made sure of it." Coomer denies taking part in any such call.

Judge Tom Barber's decision did not address most of the substantive claims, including Byrne's ultimate legal responsibility for Oltmann's statements. Because the case began in Colorado, it had to meet a state requirement for defamation claims involving matters of public concern. Coomer had to show, by "clear and convincing evidence", that the statement was materially false and made with actual malice, meaning the people behind the film knew the claims were false or acted with reckless disregard for the truth.

The judge noted that the test is not whether a reasonable person would have investigated the claims before airing them. It is whether the defendant in fact entertained serious doubts about the truth of the publication, or was highly aware of its probable falsity. The case fell apart on that question.