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BBC to file motion to dismiss Trump defamation lawsuit over Panorama edit

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The BBC will take steps to have Donald Trump’s lawsuit over a January 6 Panorama edit thrown out, court documents show.

The US president filed a defamation lawsuit over the broadcaster’s editing of a speech he made in 2021, on the day his supporters stormed the Capitol building.

Clips were spliced together from sections of the US president’s speech to show him saying: “We’re going to walk down to the Capitol… and I’ll be there with you. And we fight. We fight like hell.”

It aired in the near-hour-long documentary Trump: A Second Chance?, which was broadcast by the BBC the week before the US election.

The US president is seeking damages of $5bn (£3.7bn) under a defamation lawsuit. He has also sued for $5bn for alleged violation of a trade practices law. Both lawsuits were filed in Florida.

In November, US correspondent James Matthews broke down the details of the lawsuit

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

Court documents show the broadcaster will file a motion to dismiss the lawsuits, claiming the Florida court lacks “personal jurisdiction” over the organisation, that the court venue is “improper”, and that Mr Trump has “failed to state a claim”.

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The corporation will argue that it did not create, produce or broadcast the documentary in Florida and that Mr Trump’s claim the documentary was available in the US on streaming service BritBox is not true.

It will also claim the president has failed to “plausibly allege” the broadcaster published the documentary with “actual malice”.

The BBC has asked the court to effectively halt parties from most evidence-gathering, pending the decision on the motion.

Tim Davie resigned as the BBC's director-general. Pic: PA
Image:
Tim Davie resigned as the BBC’s director-general. Pic: PA

The broadcaster apologised to the US president in November for an “error of judgement”, but said it disagreed there was “a basis for a defamation claim”.

The fallout from the saga led to the resignation of both the BBC director-general Tim Davie and the head of news Deborah Turness.

If the case should continue, a 2027 trial date has been proposed.

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