The ‘legal trip wires’ facing Trump in threatened $1bn legal action against the BBC
Donald Trump will face legal hurdles as he sues BBC for $1bn over “defamatory” statements PanoramaThis is partly due to the fact that the documentary has not been released in the United States.
Under libel laws US president’s “Trump: A Second Chance?” in Florida, where he threatened to launch his lawsuit. In order for a compensation lawsuit to be filed, the episode must be viewable in the state.
The BBC, which is currently reviewing a letter from Mr Trump’s lawyer about the legal threat, has not confirmed whether the program was broadcast in the US state.
Media lawyer Mark Stephens said it could present an early hurdle for the US president if it is not shown on iPlayer in the US or on the broadcaster’s global feed. He also said Mr. Trump’s team may have a hard time proving “serious collateral damage” to Trump’s reputation and that he may want to avoid focusing more on his behavior in a lawsuit.
“There are more than a few legal connections between President Trump and the legal victory against the BBC,” Mr Stephens said.
Why is President Trump threatening to sue?
Mr Trump has threatened legal action against the company after concerns grew over the way clips of his speech ahead of the attack on the US Capitol in 2021 were released in the US. Panorama program.
Clips from two different parts of the speech emerged together, and he appears to have told his supporters that he would march with them to the US Capitol to “fight like hell.”
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In the summer, a memo from Michael Prescott, a former external adviser to the BBC’s broadcasting standards committee, raised the issues, and critics accused the BBC of failing to respond properly.
On Monday, Mr. Trump’s lawyer, Alejandro Brito, sent a letter to the company, demanding an immediate retraction of “false, defamatory, derogatory and inflammatory statements” made about the US president.
The letter also demanded an apology and compensation for “damage caused” to Mr. Trump.
The letter said the BBC must comply by 5pm EST on Friday so that Mr. Trump “will have no choice but to exercise his legal and equitable rights, all of which are expressly reserved and not waived, including an action for damages of not less than $1,000,000,000.”
Why would Mr. Trump initiate action in the United States?
Mr Trump’s legal threat states that he plans to file a lawsuit against the BBC under Florida law.
Under UK libel laws, claims must be made within one year of the material being published. Mr Stephens said the Panorama program was broadcast in October 2024, meaning the deadline for legal action to be taken in the UK had passed.
However, in the US state of Florida, the time limit is two years, which means that a lawsuit can be filed.
Mr Stephens said BBC Breakfast: “A defamation claim in the UK is time-barred, Panorama had one year from Monday 28 October 2024 when it was published, so around 14 days are out of time for a claim in the UK. A claim in Florida would be time-barred, there’s a two-year limitation there.”
What difficulties might Mr Trump face in taking action against the BBC?
Although he was within the statutory time limit under Florida law, Mr. Stephens said there were more “legal pitfalls” for Mr. Trump to secure victory in a case.
For the case to proceed, Mr Stephens said Mr Trump’s legal team would have to show that the program was broadcast in the US state of Florida.
The BBC has not confirmed whether this is true, but its website states: states Viewers watching iPlayer, the platform on which the program was broadcast, had to be in the UK to stream and download content.
It is not yet clear whether the program will be shared on the BBC’s global news feed. Independent He contacted the BBC to ask if it was happening.
Mr Stephens said: “The problem with President Trump’s lawyers is that Panorama “It was not broadcast in the US and BBC iPlayer is not available in the US, so it is unclear whether any US court would have jurisdiction to hear the claim.”
Can the BBC win its case against Mr Trump in court?
Plaintiff to win defamation case in England have to prove it Making and publishing the statement caused serious damage to the plaintiff’s reputation.
in the USA, states of law The accuser must show that there was “actual malice” in making the statement, rather than mere negligence.
Lawyer Joshua Rozenberg told the BBC that the law could not only lead to greater respect for freedom of expression in the US, but also make it harder for Trump to win the case against the BBC. Today program.
“In general, there is respect for freedom of expression in the USA, perhaps more than in the UK. In general, you need to show that the person you are accusing of acted with ulterior motives.”
“So there are definitely restrictions on the ability to file a lawsuit and the arguments that can be made.”
Mr Stephens also told BBC Breakfast that Mr Trump may face difficulty in proving his claim of massive financial and reputational damage.
He said: “Trump’s reputation has already taken a hit with nine legal findings, some congressional hearings and worldwide coverage of January 6th. [storming of the US Capitol] and faces ongoing civil lawsuits in Washington.
“It proves that Panorama It’s a bit difficult to cause additional serious harm. Blaming the BBC for the wreckage of this is a bit of a hard sell if it can be shown by the BBC that its reputation is already in tatters over this.”
Chris Ruddy, chief executive of Newsmax Media, said Florida’s libel laws meant the BBC was “very confident” it would win a case brought against it by Mr Trump.
He said: “I have no doubt that the BBC misrepresented what the president said and it’s quite clear, I think everyone agrees, that’s why you’ve made these resignations. [I’m] “I was also pretty confident that if the BBC took the case to court they would prevail because the state of Florida has very strong defamation laws that protect media companies and freedom of expression.”
What risks might Mr. Trump face in pursuing legal action?
Speaking to BBC Breakfast, Mr Stephens said that if legal action was brought against the BBC, it could bring greater scrutiny to BBC operations as well as putting Mr Trump’s behavior under the spotlight.
He said: “This is a civil case, not a criminal case, so the standard of proof for the BBC is less high and, as a result, there are real litigation risks for the libel case to scrutinize Trump’s behavior on 6 January in court.”
He added: “Trump risks turning what is now a fairly low-key public relations clash with the BBC into a global headline that the court finds Trump’s words provocative.”
Asked what advice he would give to the BBC, Mr Stephens said “be careful” and added that bosses should not be intimidated.
