Explainer: Does Trump have a defamation case against the BBC?
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Despite US President Donald Trump's threat to sue the BBC, the likelihood of the case being heard in Florida means there are certain thresholds that need to be fulfilled.
PHOTO: REUTERS
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US President Donald Trump has threatened to sue the BBC for at least US$1 billion (S$1.3 billion) over its airing of what he says was a deceptively edited documentary
If that hurdle is cleared, a US court would need to decide whether Britain's biggest broadcaster intentionally deceived viewers.
Here is a look at what Mr Trump would need to prove and how the BBC could defend itself.
Why does Trump want to sue the BBC?
Mr Trump and his lawyers have accused the BBC of defaming him by splicing together two parts of a Jan 6, 2021 speech
In a letter viewed by Reuters, Mr Trump's legal team gave the BBC until Nov 14 to retract the October 2024 Panorama documentary news programme episode where the excerpts appeared, or face a lawsuit seeking at least US$1 billion
Mr Trump has denied inciting the riot.
Mr Trump told Fox News host Laura Ingraham in an interview on Nov 10 that he had an “obligation” to sue the BBC. “They defrauded the public and they've admitted it,” he said.
BBC chair Samir Shah has apologised for the editing
The revelation about the editing of Mr Trump's speech and wider criticism of BBC News have plunged the broadcaster into crisis, resulting in the resignations
Can Trump sue the BBC in the US?
Mr Trump's lawyers suggested in the letter that he would sue in Florida, where he has legal residency.
A threshold question would be whether the BBC has actively sought to establish a presence in Florida and whether people in the state watched the documentary and felt deceived by it, legal experts said.
These factors could be critical when a court considers whether it has jurisdiction over the case.
The documentary was not broadcast in the US but was available until recently on the BBC's online streaming platform.
The broadcaster has offices in Los Angeles and New York, and it has been sued before in Florida federal court. In at least one case, it did not challenge the Florida court's jurisdiction, court records show.
If a court concludes it does not have jurisdiction, the case could be quickly dismissed.
What would Trump need to prove?
Public figures in the US face steep hurdles in defamation cases.
In addition to showing a statement was false and defamatory, they must prove a defendant knew the statement was false or recklessly disregarded the truth.
During a process known as discovery, Mr Trump's lawyers likely would ask the BBC if there are internal communications showing that red flags were ignored or that BBC journalists intended to mislead viewers, legal experts said.
They added Mr Trump could rely on a leaked internal BBC memo, written by an ethics and standards adviser, which raised concerns about systemic bias at the broadcaster in favour of the political left.
The memo’s critique of the Panorama editing process could buttress Mr Trump’s argument that the BBC acted maliciously.
How could the BBC defend itself?
The First Amendment of the US Constitution guarantees the right to free speech and gives the press some of the world’s strongest legal protections against defamation claims.
The BBC would have those protections in any US court.
In Florida, the broadcaster could also rely on a state law that allows defendants to swiftly dismiss defamation lawsuits that have no merit or are brought to retaliate against legally protected speech.
The broadcaster could argue that the documentary was substantially true and that its editing decisions did not create a false impression, legal experts said. It could also claim the programme did not damage Mr Trump's reputation.
Mr Trump has said it caused him “overwhelming reputational and financial harm”.
Why isn’t Trump suing in the UK?
UK law requires defamation cases to be filed within a year of a statement’s publication, which has already passed for the October 2024 documentary.
The upper limit for libel damages in the UK is about £350,000 (S$599,707), but in practice they rarely approach that amount.
In the US, payouts have reached as much as US$1.4 billion.
Could Trump really recover US$1 billion?
The figure is a jumping-off point, and it is not uncommon for US plaintiffs to file eye-popping damages claims as a play for leverage or an opening bid for settlement talks, legal experts say.
Damages would ultimately be decided by a judge or jury.
If Mr Trump sues for US$1 billion, it would not be the first time he has asked for enormous damages from a media company.
Mr Trump filed a US$20 billion lawsuit against CBS
That suit ultimately settled for US$16 million.
Mr Trump in July sued the Wall Street Journal for US$10 billion
The WSJ has denied wrongdoing and the case is ongoing. REUTERS
