The British Broadcasting Corp. (BBC) just fired its first major legal shot against President Donald Trump’s massive defamation suit. This fight started over an episode of the news program Panorama, where a speech from January 6, 2021, was edited in a way that made it look like the President was calling for violence. While the network admitted the edit was an “error of judgment,” they are now telling a federal judge in Miami that a $10 billion penalty is a complete overreach.
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The BBC Asks to Move the Case to Neutral Ground
The BBC is asking to have the case moved from Florida to New York. Their logic is that they didn’t make the film in Florida, they didn’t produce it there, and they didn’t even air it there. By trying to exit the Florida court system, they hope to find a more neutral legal environment. They are also calling out the President’s claim that the film was on the streaming service BritBox, stating that simply clicking the link proves it was never there.
The BBC Defends the Actual Malice Shield
The core of the BBC’s defense rests on a tough legal standard called “actual malice.” In the United States, a public figure like the President can only win a defamation case if they can prove the journalists intentionally lied or showed “reckless disregard” for the truth.
- Admits the Error: The BBC chairman already apologized, which led to the resignations of Director-General Tim Davie and News CEO Deborah Turness.
- Denies the Malice: Lawyers argue that a 15-second clip in a 60-minute film isn’t proof of a “hit job.” They claim that because the rest of the film was balanced, they didn’t act with the “hatred or ill-will” required to lose a $10 billion case.
The BBC Aims to Block Private Document Leaks
Perhaps the most important part of this new defense is the attempt to pause discovery. In a normal lawsuit, both sides get to dig through each other’s private emails and text messages. The BBC is fighting to stop this process because it would allow the President’s team to see every internal conversation their journalists have had about him for the last ten years. This move effectively acts as a shield to keep their newsroom secrets private while they wait for a judge to decide if the case should even exist.
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