The BBC will file a motion to dismiss US President Donald Trump’s $10-billion lawsuit over the editing of a speech that made it appear he ordered supporters to attack the US Capitol.
Court documents published late Monday revealed that the broadcaster will argue that the Florida court does not have jurisdiction over the case because it did not broadcast the program in the state, and that the president could not prove damages because he was re-elected after the broadcast.
Trump said the British public broadcaster discredited him by splicing parts of a January 6, 2021 speech, including a part where he told supporters to march on the Capitol and another where he said “fight like hell.”
He left out the part where he called for peaceful protests.
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Trump’s lawsuit alleges that the BBC violated a Florida law that prohibits deceptive and unfair trade practices. He is seeking at least $5 billion in damages for each of the two counts.
The BBC is asking the court to stop the discovery phase
The BBC has apologized for the program which appeared on its Panorama documentary but said it would defend the case.
The court document said that until the deadline of March 17, the broadcaster will take action to dismiss the complaint. The document said the BBC would argue that Trump would not explicitly state that the document was published with “actual malice.”
The BBC, which is funded by a compulsory license fee for all television households, also said the documentary was not available in the US through the BritBox streaming service, as alleged in the Trump lawsuit.
It asked the court to set up a merit-based discovery phase, where both sides can get evidence from other sides in the case.
The BBC said that engaging in unlimited merit-based discovery while the dismissal application is pending would subject the defendants to “significant burdens and costs” that would not be necessary if the application is granted.
“As the claimant has failed to plead actual compensation, alleging ‘inexplicable injury to his work and profession,’ his claim fails,” the BBC document said.
