Former US President Donald Trump could be compelled to make rare and significant disclosures about his property and business empire as part of his high-stakes defamation lawsuit against the BBC, the Guardian understands.
Legal Battle Over Edited Speech
Trump is suing the broadcaster for $10bn, alleging defamation over a Panorama documentary that spliced together two parts of his address to a rally on 6 January 2021. The BBC has acknowledged the edit was misleading and apologised, but denies it defamed the former president.
In newly submitted court documents for the Florida case, the BBC confirmed it will move to have the lawsuit dismissed. The corporation will argue the Florida court lacks personal jurisdiction, that the venue is improper, and that Trump has failed to state a valid legal claim.
The BBC also contends it should not have to provide any legal disclosures about the documentary's production before a judge rules on its dismissal motion. However, legal experts suggest the nature of Trump's own claim might inadvertently open his financial affairs to scrutiny.
Potential Financial Exposure for Trump
Trump's legal team has argued the Panorama episode caused direct harm to his professional interests, including the value of his brand, properties, and businesses. This assertion is likely to be used by the BBC's lawyers to demand the release of sensitive details about those very assets to substantiate or challenge the alleged damage.
Trump has a long history of guarding his financial information, notably refusing to release his tax returns during his presidential campaigns. Returns covering 2015 to 2020 were eventually published by a congressional committee in 2022, revealing business losses and complex tax arrangements.
The BBC has asked the court to pause all pre-trial discovery processes until the dismissal motion is decided. It warned that Trump would seek broad, objectionable discovery into its coverage of him over the past decade, claiming injury to his entire business and political profile.
BBC's Defence and Broader Implications
The broadcaster's defence outlines several key points. It will argue the documentary was not created, produced, or broadcast in Florida, and contest Trump's claim that it was available in the US via BritBox, stating a simple check of the link he provided proves it is not on the service.
Critically, the BBC will also state that Trump has failed to plausibly allege it acted with actual malice a necessary hurdle for public officials suing for defamation in the United States.
The lawsuit stems from an edited clip in the Panorama film that appeared to show Trump telling supporters on 6 January 2021: We're going to walk down to the Capitol and I'll be there with you, and we fight. We fight like hell. These words were taken from sections of his speech delivered almost an hour apart.
Trump is seeking $5bn in damages on each of two counts: defamation and a violation of Florida's Deceptive and Unfair Trade Practices Act. He alleges the BBC intentionally, maliciously and deceptively edited the speech he gave before the attack on the US Capitol.
If the case proceeds, it will present a major early challenge for the BBC's next director-general. Tim Davie, who announced his resignation following the Panorama controversy, remains in post until a successor is appointed. The court battle is scheduled for 2027.
A BBC spokesperson said: As we have made clear previously, we will be defending this case. We are not going to make further comment on ongoing legal proceedings.
