Judge allows Trump’s defamation case against BBC to proceed

A federal judge in Florida has allowed President Donald Trump’s $10 billion defamation case against the BBC to proceed, ruling that his allegations over an edited television documentary are sufficient to survive the broadcaster’s motion to dismiss. The judge dismissed a separate claim under a Florida consumer protection law.

The lawsuit concerns a BBC Panorama documentary that joined two sections of a speech Trump gave before the Jan. 6, 2021, riot at the U.S. Capitol. Trump alleges that the broadcaster “intentionally, maliciously and deceptively” altered his remarks. The BBC has apologized, saying the edit gave “the mistaken impression that Trump made a direct call for violent action.”

In his order Tuesday, U.S. District Judge Jeffrey Kuntz found that Trump had adequately alleged defamation and reputational harm. That finding lets the claim move forward; it does not establish that the BBC defamed Trump or that he suffered damages.

“Whether President Trump can prove these claims and establish he sustained damages at summary judgment or trial is left for another day,” Kuntz wrote.

According to The Guardian, the documentary, titled Trump: A Second Chance, combined comments made nearly 55 minutes apart. Kuntz said the editing could support an allegation that the BBC acted with “actual malice,” the standard Trump must prove as a public figure. He rejected the broadcaster’s argument that the segment was ordinary editing to condense a lengthy speech.

“This was not trimming around the edges but creating something different than what was stated in the speech,” the judge wrote, according to The Guardian. He also found that Trump had plausibly alleged damages from the documentary’s release near an election, while leaving the question of actual damages for a later stage.

The BBC had asked the court to dismiss the suit, arguing that the programme did not meet the legal requirements for defamation and was not available in the United States. The broadcaster said Tuesday: “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.”

Trump called the ruling a “huge victory” in a Truth Social post. “We will continue fighting against, and defeating, all of those who try to deceive the American People!” he wrote, according to The Guardian.

Kuntz dismissed Trump’s claim under Florida’s Deceptive and Unfair Trade Practices Act, finding that the documentary was not commercial speech.

The BBC reported that Trump’s lawyers earlier conceded they had no evidence the documentary was available in the United States through the services and broadcasters they had identified. The BBC also reported that Trump dropped BBC Studios, the broadcaster’s commercial arm, from the suit after it argued that it had no role in making the documentary.

In a separate order last month, a judge directed Trump to answer questions under oath from BBC lawyers by Dec. 11. The Guardian reported that he could face sanctions if he does not do so.