BBC seeks dismissal of Trump's $5bn defamation lawsuit

BC Files Motion to Dismiss Donald Trump’s £3.7bn Defamation Lawsuit

The BBC is to file a motion to dismiss a lawsuit brought by Donald Trump over the editing of his 6 January 2021 address in a Panorama documentary. The US President filed the $5bn (£3.7bn) complaint in a Florida court last month, accusing the broadcaster of defamation and breaching trade practices statutes.

In court papers filed on Monday, the BBC argued that the Florida court lacks personal jurisdiction over the corporation, that the venue is improper, and that Mr Trump has "failed to state a claim" upon which relief can be granted.

The Broadcaster’s Defence

The BBC has previously apologised to Mr Trump for the edit but has consistently denied his demands for compensation, maintaining there is no basis for a defamation charge. The corporation’s legal team will argue that:

The Panorama programme was not broadcast in the United States.
The documentary did not defame the President.
The President has not demonstrated any harm caused by the programme, noting that he was re-elected after the documentary aired and won Florida with a commanding majority.

The BBC also contends that Mr Trump cannot prove "actual malice"—the high legal standard required for defamation cases involving public figures. The corporation pointed out that the disputed clip lasted only 15 seconds within an hour-long programme that provided extensive and balanced coverage of his supporters and re-election campaign.

The Disputed Edit

The controversy centres on how Mr Trump’s speech ahead of the US Capitol riot was condensed. In the original address, he 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."

Later in the 70-minute speech, he added:

"We fight. We fight like hell."

The Panorama edit spliced these sections together. The BBC later admitted the edit gave the "incorrect impression" that Mr Trump had made a direct call for violent intervention at that specific moment.

Following an internal investigation in November, which criticised the editorial process, Director-General Tim Davie and CEO of BBC News Deborah Turness stepped down.

Legal Outlook

The broadcaster has also requested the court to stay all discovery—the pre-trial process where opposing sides exchange evidence—pending a decision on the motion to dismiss. Should the lawsuit proceed, a trial date has been provisionally set for 2027.

A BBC spokesperson said: