Judge lets Trump’s $10bn defamation case against BBC move forward
A federal judge rejected part of the BBC’s dismissal request but said Trump must prove actual malice and damages as the case proceeds.
By Larissa Bell ·
Donald Trump’s $10bn defamation lawsuit against the BBC can move ahead after a federal judge in Florida rejected part of the broadcaster’s request to dismiss it on Tuesday. The case concerns the editing of remarks Trump delivered before the 6 January US Capitol insurrection for the Panorama documentary Trump: A Second Chance.
Jeffrey T Kuntz, the Trump-appointed district court judge, found that the president’s allegations were sufficient for the defamation claim to proceed. Accepting the complaint’s allegations as true at this stage, Kuntz said Trump had plausibly argued that the documentary’s release close to the election damaged his reputation. The judge linked that assessment to the importance and fragility of political elections.
The documentary combined portions of Trump’s speech that were delivered nearly 55 minutes apart, an editing decision for which the BBC has apologized. Kuntz rejected the broadcaster’s argument that the sequence amounted to routine work condensing a speech of about 70 minutes into 12 seconds. He wrote that the separation between the remarks supported a plausible inference that the BBC knew or should have known the resulting segment could not truthfully represent what Trump had said.
Kuntz also cited earlier errors in the BBC’s reporting about Trump when assessing the allegations of recklessness. He said those examples could help illuminate the broadcaster’s state of mind, given its alleged failure to act over false statements. The judge further concluded that Trump’s allegations about departures from journalistic standards plausibly described conduct beyond negligence.
The ruling does not establish that the BBC acted with actual malice, the standard a public figure must meet to win a defamation case. Although Kuntz found that Trump had adequately pleaded that allegation, the president will still need to prove it at trial. Trump must also demonstrate actual damages resulting from the documentary’s airing. The programme was not broadcast in Florida.
The BBC said it was surprised by the decision but respected the court’s authority and acknowledged that the proceedings would advance. The broadcaster said it remained confident in its position and would respond through the legal process. Trump welcomed the ruling on Truth Social, describing it as a “huge victory”.
Kuntz separately dismissed Trump’s allegation that the BBC had breached Florida’s Deceptive and Unfair Trade Practices Act. The case also carries an approaching deposition deadline: a Florida magistrate judge ruled in late October that Trump must submit to questioning by BBC lawyers by 11 December or potentially face sanctions.
