The BBC is set to launch a legal bid to have a multi-billion dollar defamation lawsuit filed by former US President Donald Trump thrown out of court, according to newly filed documents.
The Core of the Legal Dispute
The case stems from a 2024 Panorama episode that faced significant criticism for its editing of Mr Trump's speech from 6 January 2021. The programme spliced a clip to give the impression he directly encouraged supporters to storm the US Capitol, featuring the edited phrase: “We’re going to walk down to the Capitol… and I’ll be there with you. And we fight. We fight like hell.”
In response, Mr Trump filed suit, seeking up to $10 billion (£7.5 billion) in damages. His legal team contends the edit was “false and defamatory.”
The BBC's Grounds for Dismissal
Legal papers filed late on Monday 13 January 2026 (UK time) reveal the corporation's strategy. The BBC will argue the Florida court lacks “personal jurisdiction” over it, deeming the venue “improper.” Central to this is the claim that the broadcaster did not create, produce, or broadcast the documentary within the state of Florida.
Furthermore, the BBC will challenge the former president's assertion that the documentary was available in the US via the streaming service BritBox, stating this is not true. The motion also contends that Mr Trump has “failed to state a claim” under US law.
The High Bar of 'Actual Malice'
A critical element of the defence focuses on the US legal standard for defamation involving public officials. The BBC will argue that the former president has not plausibly alleged the broadcaster published the documentary with “actual malice” – meaning with knowledge of its falsity or with reckless disregard for the truth. Demonstrating this is a necessary hurdle for such a case to proceed.
The broadcaster has requested the court “to stay all other discovery” – the pre-trial evidence-gathering process – until a decision is made on its motion to dismiss. Should the case advance despite these efforts, a trial date in 2027 has been proposed.
The BBC has been approached for further comment on the developing legal situation.
