The BBC plans to file a motion to dismiss President Donald Trump’s $10 billion defamation lawsuit, challenge the suit on jurisdictional grounds and challenge claims that the broadcaster acted in bad faith, according to court documents filed on Monday and reported by BBC News.
The legal battle stems from the uproar over the controversial documentary “Panorama,” an edited version of President Trump’s January 6, 2021 speech. The issue contributed to the resignation in November of the BBC’s director-general, Tim Davie, and news director, Deborah Turness, after an internal memo criticizing the editing was publicly leaked.
Trump filed suit in Florida court last month, alleging defamation and trade practice violations. The BBC’s expected defense will argue that Florida courts lack proper jurisdiction over the British broadcaster and that Trump has failed to prove a valid legal claim, according to court documents cited by BBC News.
Central to the BBC’s defense strategy is the argument that it cannot prove any real damage caused by the show, which aired before President Trump was re-elected and gave him an overwhelming lead in Florida. The broadcaster also argues that President Trump cannot prove that the documentary was produced with “actual malice,” a key standard in U.S. defamation law.
The BBC disputes President Trump’s claims that the documentary was available on Britbox, stressing that the program was never shown in the United States. The BBC points out that the disputed footage consists of about 15 seconds of a one-hour documentary that featured Trump supporters extensively and provided balanced election coverage.
The controversy centers on how “Panorama” condensed President Trump’s speech before the Capitol riot. “We’re going to walk to the Capitol and cheer on our brave senators, congressmen and women,” Trump initially told the crowd. More than 50 minutes into his speech, he said, “And we will fight. We will fight like hell.”
The documentary edited these parts together to show President Trump saying, “We’re going to walk to the Capitol…and I’m going to be there with you. And we’re going to fight. We’re going to fight to the death.”
The BBC apologized for the edits, admitting they had given the “wrong impression” that Trump had “directly called for violence”, but the broadcaster rejected Trump’s demands for compensation and said the defamation claims were baseless.
The BBC will also ask the court to suspend the pre-trial exchange of evidence pending a ruling on the motion to dismiss.
If the case proceeds, a 2027 trial date has been proposed. The BBC previously announced its intention to defend the case in December.
A BBC spokesperson told Variety: “As we have previously made clear, we intend to defend this case. We will not be commenting further on ongoing legal proceedings.”
