A federal judge in Florida ruled on Tuesday that the $10bn defamation lawsuit filed by Donald Trump against the BBC can proceed, denying in part the British broadcaster’s motion to dismiss the case.
The legal action centers on a Panorama documentary titled Trump: A Second Chance, which featured an edit of a speech the president delivered before the 6 January 2021 insurrection at the US Capitol. The network had sought to have the case thrown out, arguing the program did not meet the legal threshold for defamation and was not even broadcast within the United States.
Judge Jeffrey Kuntz rejected the broadcaster’s attempt to end the litigation, stating that the editing choices made by the network provided a plausible basis for the claims. “Accepting the allegations in the complaint as true, the Court finds Trump plausibly pled damages where Trump alleges a defamatory documentary released toward the election caused reputational harm,” the judge wrote in his order on Tuesday.
The judge specifically criticized the BBC’s decision to splice together two sections of a speech that were nearly 55 minutes apart.
“Editing is often required. However, given the time disparity between the two statements, the distance itself tends toward a plausible inference that BBC knew or should have known that the segment they were creating would not and could not have been a truthful statement. This was not trimming around the edges but creating something different than what was stated in the speech,” Kuntz said.
Court rejects trade law claim
While the defamation claim moves forward, the court did narrow the scope of the lawsuit. Judge Kuntz dismissed the portion of the complaint alleging that the BBC violated Florida’s Deceptive and Unfair Trade Practices Act. The court determined that the documentary did not constitute commercial speech under the state’s statutes.
The broadcaster had previously apologized for the documentary, acknowledging that the segment gave the “mistaken impression that Trump made a direct call for violent action.” Despite this, the company maintains that the production does not amount to actionable defamation.
A Huge Victory against Fake News BBC, a terrible abuser of the truth, just handed down by highly respected District Court Judge, Jeffrey T. Kuntz, of the Southern District of Florida. In his powerful ruling, Judge Kuntz wrote, “Here, the news entity created the story. BBC… pic.twitter.com/x7xtK5ciyb
“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,” a spokesperson for the BBC said.
Next steps for the $10bn lawsuit
Trump celebrated the ruling on Truth Social, describing the court’s decision as a “huge victory.” He added, “We will continue fighting against, and defeating, all of those who try to deceive the American People!”
Although the judge found that the president had “sufficiently pleaded” his case, Kuntz emphasized that the burden of proof remains high. He said that the court has not yet made a determination on the merits of the case, writing, “Whether President Trump can prove these claims and establish he sustained damages at summary judgment or trial is left for another day.”
The litigation is now moving toward discovery. In late October, a Florida magistrate judge mandated that the president must submit to a deposition conducted by the broadcaster’s legal team by 11 December, or risk facing sanctions.
Discover more from Archyworldys
Subscribe to get the latest posts sent to your email.