BBC Asks Judge to Dismiss Trump $10 Billion Defamation Suit
The British Broadcasting Corp. asked a judge to toss out President Donald Trump’s $10 billion lawsuit over a misleading edit of his speech before the Jan. 6, 2021 assault on the Capitol, arguing the case will chill free speech and undermine “robust reporting.”
The BBC’s request was filed Monday with U.S. District Judge Roy K. Altman, a Trump-appointee based in Miami. The BBC argued that federal court in Florida isn’t the proper venue for the lawsuit because documentary was not broadcast, streamed or distributed in the US.
The British news outlet also argued that its First Amendment right to free speech in the U.S. should not be burdened by “groundless litigation” that could restrict reporting on a public figure.
Trump “is among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day,” the news outlet said in the filing. “The chilling effect is clear.”
The case is part of a series of lawsuits in which the president or his company are seeking at least $50 billion in damages, all of which have been filed since he took office in January 2025. Trump also has defamation suits pending against the New York Times and Wall Street Journal, both of which have denied wrongdoing and moved for dismissal of the claims.
“The BBC is liable to President Trump for intentionally and maliciously defaming him by distorting and manipulating his speech,” a spokesman for Trump’s legal team said. “No amount of attempted legal maneuvers can change that fact.”
Altman previously said Trump’s suit against the BBC will go to trial in February 2027 if it isn’t tossed out.
‘Fight Like Hell’
The Panorama program at the center of the case, which aired before the 2024 presidential election, included a clip that made it appear that Trump had told his supporters they should “walk down to the Capitol” and “fight like hell” before the riot. In fact, Trump said they should “cheer on our brave senators and congressmen and women.” The “fight like hell” remark was from a different part of the speech.
BBC Chair Samir Shah acknowledged Nov. 10 that the edited footage wrongly gave “the impression of a direct call for violent action.” Days later, the broadcaster issued a second apology, but rejected the president’s demand for compensation.
“I’m suing the BBC for putting words in my mouth,” Trump said at the time. “Literally, they put words in my mouth. They had me saying things that I never said coming out.”
The lawsuit filed in December claims the edit was part of a pattern of misleading reporting about Trump. The suit includes one claim of alleged defamation and one accusing the BBC of violating a Florida trade practices law. Trump is seeking at least $5 billion in damages for each count, plus other costs.
In its filing on Monday, the BBC argued that Trump’s reputation was not damaged by the documentary. Similar allegations about Trump’s conduct that day, including the findings of the House January 6 Committee and judges’ conclusions in different civil suits stemming from the riot, also did not harm Trump at the ballot box, the BBC said.
“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 BBC said.
High Bar
To overcome the BBC’s motion to dismiss, Trump will need to prove that the new outlet acted with “actual malice” toward him when it edited the documentary — a high bar required for public figures that was established by the U.S. Supreme Court in 1964 in order to protect free speech.
The BBC said Trump falls “well short of the high bar of actual malice” because the president hasn’t shown that the news outlet knew the documentary was false and intended to create a “false impression.”
“The lack of actual malice is underscored by the fact that the brief clip, which shows 12 seconds of Plaintiff’s speech on Jan. 6, is part of an hour-long film with extensive coverage of his supporters and balanced coverage of his path to reelection,” the BBC said in its filing.
The news outlet also pointed to the BBC chair’s open letter to the U.K. Parliament, which said the purpose of edit was to help the Panorama audience “better understand” how the speech was received by Trump’s supporters “and what was happening on the ground at that time.”
“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 said.
Top photo: BBC headquarters in London. Bloomberg.