Judge lets Trump’s $10bn defamation case against BBC go ahead
A Florida judge rejects part of the BBC's bid to dismiss the case, but the claims are not yet proven.
Key points
- A federal judge in Florida ruled the $10bn defamation case can proceed.
- The case centres on an edited Panorama documentary about a 6 January 2021 speech.
- The judge dismissed a separate claim under Florida's Deceptive and Unfair Trade Practices Act.
- Trump must still prove his claims, including actual damages, at trial.
- Trump has been ordered to answer questions under oath by 11 December.
A federal judge in Florida has let Donald Trump’s defamation lawsuit against the BBC move forward, according to the Guardian and BBC News. The ruling, issued on Tuesday, rejected part of the broadcaster’s request to have the case thrown out. The judge, Jeffrey Kuntz, did not decide whether Trump’s claims are correct.
The case concerns a Panorama documentary titled Trump: A Second Chance. The programme joined together two separate sections of a speech Trump gave before the riot at the US Capitol on 6 January 2021. The clips came from remarks made nearly 55 minutes apart, and the BBC has apologised for the way the material was presented.
What the judge said
Judge Kuntz wrote that Trump had made plausible claims of harm from a documentary released close to an election. He said the editing alone might show that the BBC acted with actual malice, which is the legal standard that public figures must meet in defamation cases.
The judge rejected the BBC’s argument that the changes were routine trimming. He wrote that the edit created something different from what Trump had actually said. He also pointed to earlier errors in the broadcaster’s coverage of Trump, which he said could help show the BBC’s state of mind.
Claims that were dismissed
The judge threw out a second claim that the BBC had broken Florida’s Deceptive and Unfair Trade Practices Act. According to BBC News, he ruled that the documentary did not count as commercial speech. Trump must still prove that he suffered actual damages from the programme, which was not broadcast in Florida.
Earlier this year, the president’s legal team acknowledged it could not show that the documentary had reached US viewers through BritBox, the BBC website, BBC Select, or American networks. In the end, the president also withdrew BBC Studios, the corporation’s business division, from the suit once the broadcaster contended that the unit had not taken part in making the film.
Next steps and reactions
The BBC said it was surprised by the decision but respected the court’s authority. It added that it remained confident in its position and would respond through the proper legal process. Trump praised the decision in a post on his Truth Social platform and described it as a major win for him.
A Florida magistrate judge ruled in October that Trump must give a deposition, answering questions under oath from BBC lawyers, by 11 December. Otherwise he could face sanctions. Trump had earlier cancelled a scheduled deposition, citing matters of national importance. The BBC’s lawyer told the court that Trump had been campaigning in Georgia on the scheduled day.
Frequently asked questions
Why is Trump suing the BBC?
Trump is suing over a Panorama documentary that edited together two parts of a speech he gave before the 6 January 2021 Capitol riot. He claims the programme defamed him and seeks $10bn. The BBC has apologised for the broadcast.
What did the judge decide?
Judge Jeffrey Kuntz ruled that the defamation case can proceed. He dismissed a separate claim under Floridau0026#039;s Deceptive and Unfair Trade Practices Act. He did not rule on whether Trumpu0026#039;s claims are true.
What happens next in the case?
The case moves to the next stage. Trump must still prove his claims, including actual damages, at a later point. He has also been ordered to answer questions under oath by 11 December.
Sources
- The Guardian: Federal judge allows Trump’s $10bn defamation lawsuit against BBC to proceed
- BBC News: Judge allows Trump's $10bn defamation case against BBC to proceed
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