BBC will aim to have Trump's $5bn defamation lawsuit thrown out

The BBC is set to file a motion to dismiss the $5 billion lawsuit that former US President Donald Trump brought against it concerning the portrayal of his January 6, 2021, speech in a Panorama documentary. Trump initiated the legal action last month in a Florida court, accusing the BBC of defamation and breaching a trade practices law.

According to court documents submitted by the BBC on Monday, the broadcaster will contend that the Florida court does not have “personal jurisdiction” over it, that the venue is “improper,” and that Trump has “failed to state a claim.” While the BBC issued an apology to Trump for the editing of the footage, it rejected his demand for monetary compensation and disputed the validity of his defamation allegations.

The BBC’s defense also includes the assertion that the Panorama episode was not broadcast in the United States and did not defame Trump. Additionally, the corporation highlights that Trump has not shown any actual harm caused by the documentary, noting that he was re-elected and secured a significant victory in Florida after the program aired. Trump claims the documentary was available on Britbox; however, the BBC denies this assertion. Furthermore, the broadcaster argues that Trump cannot credibly claim that the documentary was published with “actual malice.”

The controversy centers on how portions of Trump’s speech, delivered on January 6 before the Capitol riot, were edited for the program. In the original speech, Trump said at one point, “We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women,” and over 50 minutes later, “And we fight. We fight like hell.” The Panorama episode combined clips to show 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.” The BBC acknowledged that this edit created “the mistaken impression” that Trump directly called for violent action but denied this provided grounds for defamation. Following an internal BBC memo criticizing the editing, both the director general, Tim Davie, and the head of news, Deborah Turness, resigned. In their latest court filing, the BBC also requested to pause all discovery proceedings until the motion to dismiss is resolved, with a trial potentially scheduled for 2027 if the case continues. A BBC spokesperson stated, “As we have made clear previously, we will be defending this case. We are not going to make further comment on ongoing legal proceedings.

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