BBC fights Trump’s latest defamation claims

(CN) — The BBC asked a federal court in Miami on Monday to dismiss President Donald Trump’s $10 billion lawsuit against the British broadcaster over a documentary that edited his 2021 speech ahead of the U.S. Capitol riot.

In the filing, the UK-based media company argued Florida lacks jurisdiction over a dispute about a documentary that was never published in the state or the United States at all.

It claims the suit should also be tossed because Trump failed to show that he suffered any real injury as a result, noting he won reelection in 2024 a week after the documentary aired. This was also after he had already been charged over efforts to overturn the 2020 election.

“Given the many allegations prior to the documentary’s release regarding plaintiff’s Jan. 6 speech — and that shortly after its release, the president won reelection and carried Florida by a wide margin — Plaintiff cannot plausibly claim that the documentary harmed his reputation,” the company wrote in its motion.

“Indeed, the documentary was prescient in accurately describing the loyalty plaintiff enjoys among his supporters, and that led to his return to the White House.”

In order to prevail in a defamation action, the president must show the broadcaster published the documentary with actual malice, meaning it knew statements were false or entertained serious doubts as to their truth.

The BBC refuted Trump’s accusations and defended its editing of Trump’s speech on Jan. 6, 2021, as intended to convey its message and how it was interpreted by the president’s supporters at the time.

It pointed to the company’s apology to the president and prompt retraction published for “unintentionally” giving “the mistaken impression that President Trump had made a direct call for violent action” through an “error of judgment” in theediting of his speech.

“Indeed, nothing better reflects how President Trump’s supporters understood his remarks than their own statements, and over 100 defendants charged with offenses related to Jan. 6 told the courts that they interpreted President Trump’s remarks as a call to action,” the BBC wrote.

The BBC aired the documentary titled “Trump: A Second Chance?” on Oct. 28, 2024, as part of its long-running current affairsprogram Panorama exploring the president’s continued success with his loyal American voters for the U.K. audience.

It followed some of the president’s most ardent supporters, known as the “Front Row Joes,” and spoke with experts. Around three minutes of the hourlong documentary depicted the events of Jan. 6, 2021, including a 12-second cut of Trump’s speech, followed by the violent attacks on the Capitol.

Over a year after the documentary’s release, Trump claimed it defamed him by falsely portraying him as directly urging the crowd to assault the Capitol.

As part of its request for the suit to be thrown out, the BBC argues the president’s attack casts a “chilling effect” on free speech and journalist coverage of his activities as one of the most powerful and high-profile individuals in the world.

“The documentary contains protected expressions of opinion, including from plaintiff’s ardent supporters. It depicts hotly contested events tied to presidential elections, including Jan. 6, 2021, which have been the subject of extensive controversy and litigation,” the BBC wrote.

“Even if the documentary is reasonably interpreted to report that plaintiff encouraged the crowd to violently storm the Capitol on Jan. 6, that is an opinion on a matter of public concern, heavily protected under defamation law,” it added.

“The BBC is liable to President Trump for intentionally and maliciously defaming him by distorting and manipulating his speech. No amount of attempted legal maneuvers can change that fact. President Trump will continue to hold accountable the BBC and all those who traffic in fake news," a spokesperson for Trump’s legal team said in response to a request for comment.

The BBC lawsuit is the latest in a string of legal actions Trump has taken against media companies in recent years, several of which have led to multimillion-dollar settlements.

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