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donald trump Will face legal hurdles in launching $1 billion lawsuit against BBC On “derogatory” statements panoramapartly because documentary May not have been broadcast in the United States.
under defamation laws Floridawhere the american president is Threatened to open his case, Trump: Second chance? Must be available to visit in the state to file a lawsuit for damages.
BBC, which is currently reviewing Letter from Mr. Trump’s lawyer On the legal threat, it has not been confirmed whether the program was broadcast in the US state or not.
If it was not shown on iPlayer in the US or on a broadcaster’s global feed, media lawyer Mark Stephens said it could create an early hurdle for the US president. He also said Mr Trump’s team might struggle to prove “additional serious damage” to his reputation, and might want to avoid the court case drawing further attention to his conduct.
“There are some legal travel strings between the legal victories against President Trump and the BBC,” Mr Stephens said.
Why is Donald Trump threatening legal action against the BBC?
Mr Trump has threatened legal action against the corporation after concerns were raised over the way clips of his speech were edited before the 2021 attack on the US Capitol. panorama Program.
Clips of two different segments of the speech appeared simultaneously, making it appear that he told supporters he was going to march to the US Capitol to “fight like hell” with them.
For the latest on Mr Trump’s legal threat against the BBC – click here for our live blog
In the summer, a memo by Michael Prescott, a former external adviser to the BBC’s Editorial Standards Committee, raised issues – and critics have accused the BBC of failing to respond appropriately.
On Monday, Mr Trump’s lawyer Alejandro Brito sent a letter to the corporation, demanding that it immediately retract the “false, defamatory, libelous and inflammatory statements” made about the US president.
The letter also demanded an apology and that Mr Trump be “compensated for his losses”.
The BBC has until 5pm EST on Friday to comply, before Mr Trump “will be left with no choice but to enforce his legal and equitable rights, all of which are expressly reserved and not waived, including filing legal action for damages not less than $1,000,000,000”, the letter said.
Why would Trump initiate action in the US, but not in the UK?
Mr Trump’s legal threat states that he plans to launch a legal suit against the BBC under Florida law.
Under UK defamation laws, claims must be made within one year of the material being published. The Panorama program was scheduled to be broadcast in October 2024, meaning it has passed the deadline for legal action to be launched in the UK, Mr Stephens said.
However, in the US state of Florida, the time limit is two years, meaning that actions can be initiated.
Mr. Stephens said bbc breakfast: “The defamation claim in the UK is now out of time, they had a year from Monday 28 October 2024 when Panorama aired, so they had 14 days or more to bring a claim in the UK. In Florida the claim would be timed out, it’s a two year limit there.”
What difficulties may Trump face in suing BBC?
Despite being within the legal time limit under the law in Florida, Mr Stephens said there were even more “legal travel strings” for Mr Trump to go through to ensure victory in a case.
To move the case forward, Mr Stephens said Mr Trump’s legal team would have to show the program was broadcast in the US state of Florida.
The BBC has not confirmed that this was the case, but on its website, he says Viewers watching iPlayer, the platform on which the program was broadcast, had to be in the UK to stream and download the content.
It is not yet clear whether the program was shared on the BBC’s global news feed. Independent The BBC has been contacted to ask whether this was the case.
Mr Stephens said: “The problem for President Trump’s lawyers is panorama was not broadcast in the United States and bbc iplayer is not available in the United States, so it is unclear whether any US court would have jurisdiction to hear the claim.”
Can the BBC beat Trump in court?
In the UK, to win a defamation case, the accuser it has to be proved The statement was made and published, and caused serious damage to the claimant’s reputation.
in America, the law says The accuser must show that there was “actual malice” in making the statement, rather than mere negligence.
Solicitor Joshua Rosenberg told the BBC that this law, combined with greater respect for freedom of expression in the US, could make it challenging for Mr Trump to win a case against the BBC. Today Program.
He said, “Generally speaking, there is a respect for freedom of speech in the US, perhaps more so than in the UK. Generally speaking, you have to show that the person you are accusing acted with malice.”
“So there are certainly restrictions on being able to sue and the arguments that can be made.”
Mr Stephens also told BBC Breakfast that Mr Trump may face difficulty proving a case for huge financial and reputational damage.
He said: “Trump’s reputation has already been tarnished by the nine judicial findings, some congressional hearings, the global coverage of January 6.” [storming of the US Capitol] And he faces ongoing civil lawsuits in Washington.
“So prove it panorama It’s a little harder to cause additional critical damage. If the BBC can show that their reputation was already in tatters over this issue, it’s a little hard to blame the BBC for that ruin.
Newsmax Media chief executive Chris Ruddy said defamation laws in Florida meant he was “very confident” that the BBC would win the case launched against it by Mr Trump.
He said: “I have no doubt that the BBC misrepresented what the President said, and that’s absolutely clear, I think everyone agrees – that’s why you had these resignations. [I’m] He also assured that if the BBC takes the case to court, they will win because the state of Florida has quite strong defamation laws that protect media companies and freedom of speech.
What risks does Trump face in pursuing legal action?
Mr Stephens told BBC Breakfast that if a legal case were brought against the BBC, it could put Mr Trump’s conduct under the microscope, along with further scrutiny of the BBC’s operations.
He said: “This is a civil case, not a criminal case, so the standard of proof for the BBC is lower and, as a result, you have real litigation risks that will put you in a defamation case.” Trump’s conduct on January 6 Under the microscope in court.”
He added: “Trump risks turning the current PR clash with the BBC into global headlines, leading the court to find that Trump’s words were incendiary.”
Asked what advice he would give the BBC, Mr Stephens said, “Stay tough” – adding that bosses should not be intimidated.