US President Joe Biden, with son Hunter Biden, disembarks from a plane in February 2023
US President Joe Biden with son Hunter Biden AFP

Hunter Biden has threatened to sue Fox News, alleging the network's involvement in a "conspiracy and subsequent actions to defame" him and portray him inaccurately.

In a letter sent last week, Hunter's lawyers accused the network of defamation, exploitation of his image, and publication of "hacked" photographs.

His legal team, from the Los Angeles-based firm Geragos & Geragos, sent a letter on April 23 addressing two main grievances with Fox News' coverage — the network's broadcasting of unsubstantiated bribery allegations made by indicted FBI informant Alexander Smirnov and a six-part "mock trial" of Hunter, focusing on charges on which he has not been indicted, and publishing his "intimate images." The letter demanded that Fox immediately remove the series from all streaming platforms.

It also said that Fox News programs made numerous references to Smirnov's claims, alleging that both Joe Biden and Hunter received $5 million from a Ukrainian energy company where the latter served on the board. The claims suggested that the payments were made in exchange for Joe Biden's assistance in halting Ukrainian prosecutors' investigation into the company.

However, these allegations were not verified by the FBI and were discredited when Smirnov was charged with lying to the agency in February.

Before the April 23 letter, another communication was hand-delivered to Fox's counsel approximately two weeks earlier. Fox reportedly requested additional time to send a reply.

The threat of litigation comes amid ongoing legal challenges faced by Fox News. Last year, the network settled defamation claims with Dominion Voting Systems for nearly $800 million, following its coverage of election fraud claims in the 2020 election.

Fox also settled a $12 million lawsuit with a former employee who alleged she was coerced into providing misleading information as part of the Dominion case.

Currently, Fox is embroiled in a $2.7 billion lawsuit filed by Smartmatic, another voting system company targeted in its coverage.

Shareholders have also filed suits against Fox directors over their handling of the election coverage, with the network acknowledging the potential for a "material" adverse impact on its business and financial position in its latest financial disclosures.

The extensive coverage of Hunter on Fox News, with over 13,440 mentions since January 2023 according to Media Matters, is key to the potential case against the network. His legal team sees the volume of coverage over many years as comparable, if not more significant, than the Dominion case.

Hunter's decision to pursue litigation against Fox News coincides with his upcoming criminal trials. His trial on gun charges in Delaware is set to begin on June 3, followed by his tax case trial expected in August. He pleaded not guilty in both cases.