The BBC will file a motion to dismiss President Donald Trump‘s $10 billion defamation lawsuit, challenging the case on jurisdictional grounds and disputing claims the broadcaster acted with malice, according to court papers filed Monday and reported by BBC News.
The legal battle stems from fallout over a “Panorama” documentary’s controversial editing of Trump’s January 6, 2021 speech – an issue that contributed to the November resignations of BBC director–general Tim Davie and head of news Deborah Turness after an internal memo criticising the edit leaked publicly.
Trump filed the lawsuit in a Florida court last month, alleging defamation and trade practices violations. The BBC’s planned defense will argue the Florida court lacks proper jurisdiction over the British broadcaster and that Trump has failed to demonstrate a valid legal claim, court documents cited by BBC News show.
Central to the BBC’s defense strategy is the argument that Trump cannot prove actual damages from the program, which aired before he won re-election and carried Florida by a commanding margin. The broadcaster will also maintain Trump cannot establish the documentary was produced with “actual malice” – a critical threshold in U.S. defamation law.
The corporation disputes Trump’s claim that the documentary was available on BritBox and emphasises the program never aired in the U.S. The BBC will note the disputed footage comprises approximately 15 seconds of an hour-long documentary that extensively featured Trump supporters and provided balanced campaign coverage.
The controversy centres on how “Panorama” condensed Trump’s speech before the U.S. Capitol riot. Trump originally told the crowd: “We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women.” More than 50 minutes later in the address, he said: “And we fight. We fight like hell.”
The documentary edited these segments together, showing Trump saying: “We’re going to walk down to the Capitol… and I’ll be there with you. And we fight. We fight like hell.”
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While the BBC has apologised for the edit and acknowledged it created “the mistaken impression” that Trump had “made a direct call for violent action,” the broadcaster rejected Trump’s compensation demands and maintains there is no basis for a defamation claim.
The BBC will also ask the court to pause pre-trial evidence exchange procedures until a ruling on the dismissal motion is issued.
If the case proceeds, a trial date in 2027 has been proposed. The BBC previously indicated in December it would defend against the lawsuit.
A BBC spokesperson told Variety: “As we have made clear previously, we will be defending this case. We are not going to make further comment on ongoing legal proceedings.”
From Variety US