BBC loses bid to throw out Trump’s $10bn defamation lawsuit over doctored Panorama speech

Florida judge rules US president can pursue his claim over a misleading edit of his January 6 speech, while dismissing a separate allegation against the broadcaster

The BBC has lost its attempt to have Donald Trump’s US$10 billion defamation lawsuit thrown out of court after a Florida judge ruled that the president had sufficient grounds to pursue his claim over a misleadingly edited Panorama documentary.

In a major setback for the broadcaster, District Judge Jeffrey Kuntz rejected its arguments that Trump had failed to establish a plausible case that the BBC had knowingly or recklessly broadcast a false impression of his speech before the US Capitol riot.

The ruling, issued yesterday, means Trump’s defamation case can proceed, although the judge dismissed a separate claim brought under Florida’s consumer protection laws.

The dispute centres on a 12-second sequence in the BBC documentary Trump: A Second Chance, broadcast on 28 October 2024, just a week before the U.S presidential election.

The programme joined two passages from Trump’s speech on 6 January 2021, delivered nearly 55 minutes apart, making it appear that he had told supporters to march on the Capitol and fight. The edit also omitted his appeal for demonstrators to make their voices heard “peacefully and patriotically”.

The BBC subsequently acknowledged that the edit had wrongly suggested Trump made a direct call for violence and apologised for the mistake.

In his 40-page ruling, Judge Kuntz rejected the BBC’s argument that the disputed passage represented a protected expression of opinion, finding that the edited sequence created a statement Trump had never actually made.

The judge also considered the timing of the broadcast, the broadcaster’s explanation for the edit and its subsequent apology when assessing whether Trump’s allegations could proceed.

He wrote: “Trump has plausibly alleged a comprehensive framework of actual malice by” the BBC, referring to the legal requirement for public figures to establish that defamatory material was published with knowledge of its falsity or reckless disregard for the truth.

The court also rejected the BBC’s attempt to avoid the case on jurisdictional grounds, finding sufficient connections between the documentary and Florida, where Trump resides.

However, the judge stressed that Trump had not yet proved his allegations or demonstrated that the documentary caused him reputational damage. Those questions will be determined at a later stage of the proceedings.

Although the BBC succeeded in having Trump’s claim under the Florida Deceptive and Unfair Trade Practices Act dismissed, the judge ruled that the broadcaster must file its response to the remaining defamation claim by 1 December.

The legal battle has also escalated over demands for documents and Trump’s appearance for questioning by the BBC’s lawyers.

In a separate 20-page filing submitted yesterday, Trump’s legal team challenged three orders made by a magistrate judge, including a requirement that he give evidence under oath by 11 December or face possible sanctions, including dismissal of his lawsuit.

His lawyers insist he has never refused to be questioned and has instead offered to attend a deposition between 11 and 22 January 2027, citing his presidential responsibilities and the security arrangements involved.

The filing also challenges a decision allowing the BBC to seek six years of membership applications and joining-fee information from Trump’s Mar-a-Lago club in Florida.

The broadcaster wants to examine whether Trump’s reputation and financial standing suffered following the documentary, although his lawyers argue the club’s commercial records have no bearing on his personal defamation claim.

They also dispute a magistrate judge’s concerns about whether Trump has adequately searched for documents requested by the BBC.

Trump’s lawyers are asking the court to overturn the Mar-a-Lago disclosure order and remove the warnings that his lawsuit could be dismissed if he fails to comply with the deadlines.

The latest decisions leave the BBC facing a potentially lengthy legal battle in the States, with the central allegation of defamation now permitted to proceed towards further evidence-gathering and, potentially, trial.

A BBC spokesperson said in a statement: “We are surprised by this decision but respect the court’s authority and note the case will now proceed to the next stage.

“We remain confident in our position and will continue to respond through the proper legal process. It would be inappropriate to comment further while proceedings are ongoing.”

READ MORE: Europe’s winners and losers as Democrats seize Congress in crushing blow to Trump. The Democrats’ victory could transform Europe’s relationship with America, with major consequences for Ukraine, NATO, trade tariffs, sanctions against Russia and the war in Iran.

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_{Main image: Donald Trump speaks at a public event as his $10 billion defamation lawsuit against the BBC moves forward following a Florida court’s rejection of the broadcaster’s attempt to have the case dismissed. The dispute centres on a misleading edit of the US president’s January 2021 speech in a Panorama documentary broadcast before the 2024 election. Credit: Gage Skidmore / Wikimedia Commons (CC BY-SA 2.0).}