US Donald Trump has filed a lawsuit against the BBC in the Southern District of Florida, alleging that BBC producers travelled to Florida to film “significant portions of the [Panorama] documentary”.
Last month, Trump threatened to sue the BBC for $1bn over the misleading edit of a Panorama programme, which spliced together two parts of his speech to appear as if he was inciting the 2021 Capitol Hill riots.
As a result, the BBC was in crisis mode last month, with director general Tim Davie and news chief Deborah Turness resigning amid the scandal.
The Corporation issued an apology to Trump, but when Trump’s lawyer demanded compensation or else it would file a lawsuit, the BBC refused to comply.
Trump’s legal team, which consists of Alejandro Brito, Edward Andrew Paltzik, and Daniel Zachary Epstein, filed a complaint and demand for a jury trial on Monday at the Miami Division of the Florida Court.
The court filing noted the BBC apology and the resignations as part of the claim.
Trump’s legal team argued the BBC’s “actual malice is further compounded by its prior acts that unequivocally demonstrate that the organisation has been anything but fair and impartial when it comes to reporting on President Trump”.
As a result, the 33-page claim from the lawyers states that the value of Trump’s personal brand alone is reasonably estimated at tens of billions of dollars.
It was added that he is seeking a judgment for damages “in an amount not less than $5bn, as well as interest, costs, punitive damages, and such other relief as this Court may deem just and proper”.
Daniel Astaire, managing partner at Grosvenor Law, stated this sum “certainly appears to be exaggerated, and it is extremely unlikely that a court would award him anything close to $10bn”.
“Trump must show that the video caused ‘serious harm’ to his reputation and then quantify this damage,” he added.
Florida office and VPN access at core of suit
It was stated that the lawsuit was filed in the Southern District of Florida, claiming jurisdiction because the BBC maintains an office in Coral Gables, Florida, and its producers travelled to Florida to film “significant portions of the Documentary at and around President Trump’s home, Mar-a-Lago, in Palm Beach, Florida”.
The libel claim was filed in Florida, which may present hurdles for Trump as neither the BBC nor the programme was directed at an audience in the State.
In the suit, Trump cites agreements the BBC had with other distributors to show content, specifically one with a third-party media corporation that allegedly had licensing rights to the documentary outside the UK. His legal team also claims that people in Florida may have accessed the programme via a VPN or the streaming service BritBox.
The BBC has not yet responded to these claims.
Bambos Tsiattalou, founder of Stokoe Partnership Solicitors, stated: “Without convincing evidence of intentional US publication, jurisdiction is likely to be the central fault line on which this dispute is fought.”
Speaking to City AM last month, Prateek Swaika, a partner at Boies Schiller Flexner, noted that this case could open a can of worms regarding airing more about the January 6 riots.
He explained, “litigation would force detailed examination and disclosure in connection with his 6 January statements—potentially creating more reputational damage than the original edit”.