The British Broadcasting Corp. signaled some of its defenses against President Donald Trump's $10 billion defamation lawsuit, telling a judge that the documentary at the center of the case was fair despite a misleading edit of one segment.
The BBC on Monday asked a federal judge in Miami to pause the exchange of evidence in the suit, filed last month, until a ruling is issued on the broadcaster's motion to dismiss the case, which is due in March.
The BBC also said it will aim to move the case to New York from Florida if the suit isn't dismissed, because the claims relate to a documentary that BBC "did not create in Florida, produce in Florida, or air in Florida."
Trump sued over a misleading edit in a documentary before the 2024 presidential election that gave the impression he'd made a direct call for violence in a speech before the January 6, 2021, attack on the US Capitol by his supporters.
BBC Chairman Samir Shah acknowledged on November 10 that the edited footage of Trump's speech, aired on the Panorama program in 2024, 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.
According to the filing Monday, Trump's lawsuit fails to meet the high bar necessary for alleging defamation against a public figure. The standard requires a showing of what's known as actual malice, meaning the allegedly defamatory statement was made intentionally or with a reckless disregard for the truth.
"The lack of actual malice is underscored by the fact that the brief clip, which shows less than 15 seconds of plaintiff's speech on January 6, is part of an hour-long film containing extensive coverage of his supporters and balanced coverage of his path to reelection," the BBC's lawyers wrote.
A spokesman for Trump's legal team said the BBC is liable for intentionally and maliciously defaming the president by distorting and manipulating his speech.
"No amount of attempted legal maneuvers can change that fact," the spokesman said in an email. "President Trump will continue to hold accountable the BBC and all those who traffic in fake news."
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