The BBC will file a motion to dismiss President Donald Trump’s $10 billion lawsuit which is based on the editing of a speech appearing to encourage storming the U.S. Capitol on 6 January.
Court filings released late on Monday indicate the broadcaster will argue that a Florida court does not have personal jurisdiction, as the programme in question was not broadcast in the state. The BBC will also contend that Trump cannot demonstrate damages, noting that he was re-elected after the programme aired.
Trump alleges that the publicly funded British broadcaster defamed him by editing together separate parts of his 6 January 2021 speech, including his call for supporters to march on the Capitol and his remark to “fight like hell”, while excluding a passage urging peaceful protest.
The lawsuit claims the BBC breached a Florida statute prohibiting deceptive and unfair trade practices. Trump is seeking at least $5 billion in damages for each of the two counts.
Although the BBC has apologised for the editing shown in its Panorama documentary, it has said it will vigorously contest the case.
According to the court filing, the broadcaster intends to submit its motion to dismiss by the 17 March deadline. It argues that Trump cannot plausibly show the documentary was produced with “actual malice”, a legal standard required in defamation cases involving public figures.
The BBC, which is funded by a compulsory licence fee paid by UK television-watching households, also stated that the programme was not available in the United States via the BritBox streaming service, contrary to claims made in the lawsuit.
In addition, the broadcaster has asked the court to suspend the discovery process while the motion to dismiss is under consideration. It said proceeding with wide-ranging discovery at this stage would impose significant and unnecessary costs if the case is ultimately dismissed.
The filing adds that Trump has failed to demonstrate concrete losses, instead citing only generalised harm to his professional and occupational interests, which the BBC argues is insufficient to sustain the claim.
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