Judge lets Trump's $10 billion defamation claim against BBC proceed

President Donald Trump’s $10 billion defamation lawsuit against the BBC can proceed over its editing of his Jan. 6, 2021, speech, a federal judge in Miami ruled Tuesday.

U.S. District Judge Jeffrey Kuntz, whom Trump appointed, rejected the BBC’s bid to dismiss the defamation count. He dismissed a separate claim under Florida’s Deceptive and Unfair Trade Practices Act because he found the documentary was not commercial speech.

The case centers on a BBC Panorama documentary that combined portions of Trump’s speech at the Ellipse as the Capitol riot was getting under way. The 12-second clip brought together remarks separated by nearly 55 minutes. The broadcast came a week before the 2024 presidential election.

Kuntz found Trump’s complaint plausibly alleged actual malice by the BBC, the standard a public figure must satisfy to win a defamation suit. The judge wrote that the edit itself could make that allegation plausible.

“This was not trimming around the edges but creating something different than what was stated in the speech,” Kuntz wrote.

The BBC characterized the cut as “ordinary editing done to condense a seventy-minute-long speech into twelve seconds,” according to Kuntz’s ruling. The judge wrote that he was “not persuaded.”

Kuntz wrote that the BBC had acknowledged releasing the documentary “only a week before the 2024 Presidential Election, at the time it would have the most impact.”

Trump called the ruling a “huge victory” on Truth Social Tuesday. “We will continue fighting against, and defeating, all of those who try to deceive the American People!” he wrote.

“We are surprised by this decision but respect the Court's authority and note the case will now proceed to the next stage,” a BBC spokesperson said. The spokesperson said the BBC remained confident in its position and would continue responding through the legal process.

Trump’s lawsuit accuses the BBC of “intentionally, maliciously and deceptively doctoring” his speech. His lawyers have described the broadcast as a “brazen” attempt to interfere in the 2024 election, an accusation the BBC denies.

The BBC previously apologized, calling the edit an “error of judgment” and saying it created “the mistaken impression that Trump made a direct call for violent action.” It did not offer damages. The BBC argued in its dismissal motion that the program did not meet the legal test for defamation and was unavailable in the United States.

Kuntz repeatedly noted that the BBC’s apology preceded the lawsuit, Politico reported.

The BBC argued that the court lacked personal jurisdiction because the documentary had not aired in Florida, where Trump filed the case, but Kuntz rejected that argument. He wrote that the BBC “even emailed U.S. and Florida based commenters with instructions” for viewing it.

The parties disagree over the program’s availability and viewership in the United States. Trump’s suit alleges that “hundreds of individuals” used a VPN to stream it on iPlayer in the U.S., despite an American geoblock. Earlier this year, his lawyers conceded they had no evidence it was available through BritBox, the BBC’s website, BBC Select or U.S. broadcasters.

Trump agreed to remove BBC Studios, the BBC’s commercial arm, from the suit after the broadcaster argued that it had played no part in making the documentary.

Kuntz did not decide the case on its merits. Trump must still prove actual malice and show that the documentary caused him actual damages.

“Whether President Trump can prove these claims and establish he sustained damages at summary judgment or trial is left for another day,” Kuntz wrote.

Trump canceled an earlier deposition in October, citing “matters of national importance,” BBC News reported. Later that month, a Florida magistrate judge ordered him to sit for a deposition by BBC lawyers by Dec. 11 or face possible sanctions.