BBC Expert Explains How Broadcaster Plans To Get Trump's Legal Case Against It Thrown Out

The BBC has a plan to get Donald Trump’s Panorama lawsuit thrown out, according to one of the broadcaster’s own experts.

The US president is seeking $10 billion (£7.5 billion) in damages from the BBC after edits in Panorama episode from 2024 made it seem like Trump had encouraged his supporters to storm the Capitol building on January 6, 2021.

Two elements of his speech were spliced together, making it sound like the politician said: “We’re going to walk down to the Capitol [...] and I’ll be there with you. And we fight. We fight like hell.”

When an internal BBC memo late last year complained about that edit, Trump’s team quickly reacted.

He filed documents at a court in Florida, requesting $5 bn in damages for defamation and $5 bn for violating trade practices.

But court documents published overnight show how the BBC is planning to fight back.

The broadcaster’s own media and culture editor Katie Razzall explained on Radio 4′s Today programme: “The BBC is arguing that the Florida court where this is happening, or would happen, just doesn’t have jurisdiction over it – the BBC isn’t based in Florida, none of the defendants are based there.

“It says its motions to dismiss the case – which is what it plans to do – will show the BBC didn’t create, produce or broadcast the documentary in Florida, contrary, they say, to the president’s allegations.”

The BBC’s motion to dismiss will claim the Florida court is an “improper” venue for the case and that Trump has “failed to state a claim”.

The broadcaster will also note the documentary was not available in the US on streaming service Britbox, despite Trump’s accusations.

“Simply clicking on the link that plaintiff cites for this point shows it is not on Britbox,” the BBC’s lawyers said.

It also says the distribution company that has the rights to show the programme never put it out in the US.

“Even if they had, the documentary had been cut to time and it didn’t actually include that edit,” Razzall added.

The documents also claim Trump cannot “plausibly allege” the BBC showed it with “actual malice,” as is required for defamation cases in the States.

Razzall added: “He couldn’t ultimately prove actual damages because he won after the documentary aired, and carried Florida by a commanding 13-point margin.”

She said the next step in the pre-trial process, known as “discovery”, could mean Trump’s team demand to see all emails the BBC has sent in relation to the politician over the last decade or more.

But the BBC has asked this discovery to be delayed pending a decision on its motion.

Razzall explained: “What the BBC is saying is will be very expensive and draw public resources away from its public mission.”

A 2027 trial date has been suggested, if the case is not thrown out before.

A BBC spokesperson told Press Association: “As we have made clear previously, we will be defending this case. We are not going to make further comment on ongoing legal proceedings.”