The BBC will file a motion to dismiss President Donald Trump's $10 billion lawsuit over its editing of a speech that made it appear he had directed supporters to storm the U.S. Capitol.
In a filing late on Monday, the British broadcaster argued that the court in Florida lacked personal jurisdiction in the case because it did not broadcast the programme in Florida, and that the president could not prove damages because he was re-elected after it aired.
Trump said Britain’s publicly owned broadcaster defamed him by splicing together parts of a Jan. 6, 2021, speech, including one section where he told supporters to march on the Capitol and another where he said “fight like hell.” It omitted a section in which he called for peaceful protest.
Trump's lawsuit alleges the BBC violated a Florida law that bars deceptive and unfair trade practices. He is seeking at least $5 billion in damages for each of the lawsuit's two counts.
BBC asks court to stay the discovery phase
The BBC has apologized for the editing which appeared on its “Panorama” documentary programme but said it would defend the case.
In the filing on Monday, the BBC said Trump could not plausibly allege that the documentary was published with “actual malice.”
It said it would move to dismiss the complaint and asked the court to stay the merits-based discovery phase, when both sides can obtain evidence from other parties in the lawsuit.
The BBC said engaging in unbounded merits-based discovery while the motion to dismiss was pending would subject the defendants to "considerable burdens and costs" that will be unnecessary if the motion is granted.
The BBC is funded by a mandatory licence fee on all television-watching households.
“As Plaintiff failed to plead actual damages, claiming only vague ‘harm to his professional and occupational interests,’ his claim fails,” the BBC filing stated.
