The BBC is seeking to have a $5 billion defamation lawsuit filed by former U.S. President Donald Trump dismissed. The lawsuit, filed in a Florida court last month, accuses the BBC of defamation and violating trade practices in relation to Trump's January 6, 2021 speech that was edited in a Panorama documentary.
According to court papers filed on Monday, the BBC will argue that the Florida court lacks personal jurisdiction over the broadcaster, that the court venue is improper, and that Trump has failed to state a valid claim for defamation. The BBC previously apologized for the edit but rejected Trump's demands for compensation, noting there is no basis for defamation.
The BBC is prepared to file a motion to dismiss the lawsuit, asserting that the Panorama program was not aired in the U.S. and did not defame Trump. The broadcaster will also contend that Trump has not demonstrated any actual damage caused by the documentary, highlighting that he was re-elected and held a leading majority in Florida after it aired.
The lawsuit also claims the documentary was shown on Britbox, which the BBC states is incorrect. Additionally, the BBC argues that Trump cannot plausibly claim that the documentary was published with 'actual malice,' pointing out that the edited speech clip was a mere 15 seconds in an hour-long program that offered extensive and balanced coverage of his political journey.
During the January 6 speech, Trump said, 'We're going to walk down to the Capitol, and we're going to cheer on our brave senators and congressmen and women.' He added later in the speech, 'And we fight. We fight like hell.' The Panorama edit showed 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 has acknowledged that the edit may have given 'the mistaken impression' that Trump 'made a direct call for violent action,' but maintains that this does not constitute grounds for a claim of defamation.
A leaked BBC memo in November criticized the speech's editing, leading to the resignations of Director General Tim Davie and Head of News Deborah Turness. In Monday's filings, the BBC also requested the court to stay all discovery processes until a decision on the motion to dismiss is made. A trial date has been tentatively set for 2027 if the case proceeds.
A BBC spokesperson reiterated that the corporation intends to vigorously defend itself, stating, 'As we have made clear previously, we will be defending this case. We are not going to make further comment on ongoing legal proceedings.'