Trump’s defamation claim against BBC can proceed, judge rules

US District Judge Jeffrey Kuntz rejected the BBC’s request to dismiss the defamation claim on Tuesday. He dismissed the separate claim under Florida’s law against deceptive and unfair trade practices, finding that the documentary did not constitute commercial speech.

Kuntz said Trump had plausibly alleged damage to his reputation and that the BBC had acted with “actual malice” – the legal standard for a public figure, meaning knowledge that a statement was false or reckless disregard for its truth. The judge did not find that Trump had proved either claim or award damages.

In his original complaint, Trump sought at least $5 billion on each of the two claims. The unfair trade practices claim has now been dismissed; the ruling concerns a later, amended complaint.

The dispute centres on a 2024 episode of the BBC’s *Panorama*, broadcast a week before the US presidential election. It combined two parts of Trump’s speech before the 6 January 2021 Capitol riot: one about walking to the Capitol and another, delivered nearly 55 minutes later, in which he said “fight like hell”. The clip omitted a passage in which he urged supporters to make their voices heard peacefully.

The BBC apologised, saying the edit unintentionally gave the mistaken impression that Trump had made a direct call for violent action. The controversy led to the resignations of the broadcaster’s director general and head of news in November 2025.

The BBC also challenged the Florida court’s jurisdiction, saying it had not broadcast the documentary in the US and had taken steps to prevent streaming outside the UK. Kuntz rejected that challenge, citing factors including a link sent to a Florida resident and filming in the state.

Kuntz distinguished the case from Trump’s separate lawsuit over a Wall Street Journal report, which another Florida judge dismissed in October. He said that case concerned a news organisation’s reporting, rather than the editing of a video.

Trump called Tuesday’s ruling a “huge victory”. A BBC spokesperson said the broadcaster was surprised but respected the court’s authority and remained confident in its position. The judge ordered the BBC to respond to the remaining claim by 1 December.