CNN faces defamation trial over Afghanistan evacuation report

Oct 25

Jack Aylmer Reporter

By Jack Aylmer (Reporter), Alex Delia (Producer), Bast Bramhall (Video Editor)

CNN will face a two-week defamation trial in January, brought by a security contractor who said the network’s 2021 reporting falsely implied he acted illegally while evacuating civilians from Afghanistan. Zachary Young claims the report damaged his business, alleging CNN’s “black market” label hurt his reputation and livelihood.

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Young, a Navy veteran and head of the consulting firm Nemex Enterprises, was featured in CNN’s 2021 segment that discussed operators charging high prices to assist those fleeing Afghanistan after the U.S. military withdrawal.

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The report displayed Young’s photo alongside a graphic reading “Afghans trying to flee Taliban face black markets, exorbitant fees, no guarantee of safety or success.”

CNN rolled its first-ever website paywall on Tuesday, Oct. 1, charging some online visitors $3.99 a month for access to CNN.com. — Getty Images

The term “black market” was later removed from CNN’s web version of the story, and an on-air apology was issued to clarify that Young’s activities were not illegal. However, Young contends that the initial report, broadcast on CNN’s global platform, severely damaged his consulting business and reputation.

In June, a Florida appeals court ruled that Young’s case contained sufficient evidence of negligence and actual malice by CNN, allowing him to seek punitive damages.

Settlement talks stalled, and Judge William Henry Scott recently confirmed Young’s actions were not illegal, though he has yet to rule on whether CNN’s use of “black market” implied criminality.

The trial, set for Jan. 6, will include public testimony from CNN journalists and producers about their editorial process. Internal CNN messages, some containing harsh language about Young, will also be presented, though CNN argues these do not reflect intent to publish false information.

This case is one of several recent defamation suits involving major news organizations, including CNN’s 2020 settlement with student Nicholas Sandmann and Fox News’ $787 million settlement with Dominion Voting Systems.

Tags: Afghanistan, CNN, Digital Media, evacuations, Media Bias, Media Landscape, National Security, news media

IN JUST A FEW MONTHS, CNN WILL BE HEADING TO COURT IN FLORIDA, TO FACE A DEFAMATION LAWSUIT. A U-S SECURITY CONTRACTOR INVOLVED IN EVACUATING CIVILIANS FROM AFGHANISTAN FOLLOWING THE 2021 U-S MILITARY WITHDRAWAL WANTS THE NEWS OUTLET TO ANSWER FOR REPORTS THAT HE SAYS DAMAGED HIS REPUTATION.

THE DEFAMATION LAWSUIT WAS FILED BY ZACHARY YOUNG, A NAVY VETERAN AND SECURITY CONTRACTOR, WHO SAYS CNN’S COVERAGE IN 2021 UNFAIRLY DEFAMED HIM AND DESTROYED HIS BUSINESS. YOUNG’S COMPANY, NEMEX ENTERPRISES, HAD CHARGED FEES TO HELP PEOPLE FLEE AFGHANISTAN AFTER THE U-S WITHDRAWAL. IN THE SEGMENT, CNN DISPLAYED YOUNG’S IMAGE ABOVE A GRAPHIC READING, “AFGHANS TRYING TO FLEE TALIBAN FACE BLACK MARKETS, EXORBITANT FEES, NO GUARANTEE OF SAFETY OR SUCCESS.”

AFTER YOUNG OBJECTED, CNN REMOVED THE PHRASE “BLACK MARKET” FROM ITS WEB STORY AND ISSUED AN ON-AIR APOLOGY, CLARIFYING HE WAS NOT INVOLVED IN ANY ILLEGAL ACTIVITY.

YOUNG ARGUES CNN’S GLOBAL REACH IRREPARABLY HARMED HIS BUSINESS BY PORTRAYING HIS WORK IN A NEGATIVE LIGHT. IN JUNE, A FLORIDA APPEALS COURT FOUND ENOUGH EVIDENCE TO ALLOW YOUNG TO SEEK PUNITIVE DAMAGES, RULING THAT A JURY COULD DETERMINE WHETHER CNN ACTED WITH “NEGLIGENCE AND ACTUAL MALICE.”

A TRIAL IS SET TO BEGIN JANUARY 6, WITH CNN’S JOURNALISTS AND PRODUCERS EXPECTED TO TESTIFY. EVIDENCE IN THE CASE INCLUDES INTERNAL TEXT MESSAGES FROM CNN JOURNALISTS CALLING YOUNG OFFENSIVE NAMES, AND SOME EDITORS REPORTEDLY QUESTIONING WHETHER THE STORY WAS READY TO AIR. CNN ARGUES THESE MESSAGES ARE TYPICAL NEWSROOM TALK ABOUT SUBJECTS UNDER INVESTIGATION AND DO NOT SHOW INTENT TO PUBLISH FALSE INFORMATION.

THOUGH IT PREVIOUSLY APOLOGIZED, CNN MAINTAINS THAT THE TERM “BLACK MARKET” SIMPLY REFERRED TO UNREGULATED SYSTEMS HELPING AFGHANS ESCAPE AND WAS NOT MEANT TO SUGGEST YOUNG’S ACTIONS WERE CRIMINAL.

OTHER RECENT DEFAMATION CASES HAVE LED TO MAJOR SETTLEMENTS, INCLUDING FOX NEWS’S $787 MILLION PAYOUT TO DOMINION VOTING SYSTEMS OVER FALSE CLAIMS OF VOTER FRAUD.

IF THE CASE PROCEEDS, IT COULD INVITE MORE PUBLIC SCRUTINY TO HOW NEWS ORGANIZATIONS HANDLE COMPLEX ALLEGATIONS.

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FOR STRAIGHT ARROW NEWS… I’M JACK AYLMER.