BBC asks US court to dismiss Trump's $10 billion defamation lawsuit
Litigation Reports
The BBC filed a motion Monday asking a U.S. court to dismiss President Donald Trump's $10 billion lawsuit against it, warning that the case could have a "chilling effect" on robust reporting on public figures and events.
The suit was filed in a Florida court, but the British national broadcaster argued that the court did not have jurisdiction, nor could Trump show that the BBC intended to misrepresent him.
Trump filed a lawsuit in December over the way a BBC documentary edited a speech he gave on Jan. 6, 2021. The claim seeks $5 billion in damages for defamation and a further $5 billion for unfair trade practices.
Last month a judge at the federal court for the Southern District of Florida provisionally set a trial date for February 2027.
The BBC argued that the case should be thrown out because the documentary was never aired in Florida or the U.S.
"We have therefore challenged jurisdiction of the Florida court and filed a motion to dismiss the president's claim," the corporation said in a statement.
In a 34-page document, the BBC also argued that Trump failed to "plausibly allege facts showing that defendants knowingly intended to create a false impression."
Trump's case "falls well short of the high bar of actual malice," it said.
The document further claimed that "the chilling effect is clear" when Trump is "among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day."
"Early dismissal is favoured given the powerful interest in ensuring that free speech is not unduly burdened by the necessity of defending against expensive yet groundless litigation, which would constrict the breathing space needed to ensure robust reporting on public figures and events," it said.
The documentary — titled "Trump: A Second Chance?" — was aired days before the 2024 U.S. presidential election.
The program spliced together three quotes from two sections of a speech Trump made on Jan. 6, 2021, into what appeared to be one quote, in which Trump appeared to explicitly encourage his supporters to storm the Capitol building.
Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.
Trump's lawsuit accuses the BBC of broadcasting a "false, defamatory, deceptive, disparaging, inflammatory, and malicious depiction" of him, and called it "a brazen attempt to interfere in and influence" the 2024 U.S. presidential election.
The broadcaster's chairman has apologized to Trump over the edit of the speech, admitting that it gave "the impression of a direct call for violent action." But the BBC rejects claims it defamed him. The furor triggered the resignations of the BBC's top executive and its head of news last year.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.

