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Federal Judge Jeffrey Koontz ruled Tuesday that US President Donald Trump's lawsuit against the BBC over the editing of his January 6, 2021 Panorama documentary can proceed. However, the second claim, alleging unfair trade practices, was dismissed.
The BBC asked to dismiss Trump's defamation claim, arguing that the film did not meet the legal criteria for libel and the program was not broadcast in the United States, which means the court in Florida cannot consider the claim.
After Judge Jeffrey Koontz made the decision, the BBC commented: “We are surprised by this decision, but we respect the authority of the court and note that the proceedings will now move to a new stage. We remain confident in our position and will continue to respond through the legal process."
Trump himself on his social network Truth Social called the court's decision a "huge victory."
What the judge said
Jeffrey Koontz, appointed by Trump as a federal judge in the Southern District of Florida in August of this year, also considered arguments about whether the BBC intended to harm Trump and the validity of the US president's arguments for such harm.
As follows from his decision, the judge found that President Trump had sufficiently substantiated the possibility that the Panorama film caused him reputational damage. At the same time, the question of whether the damage was actually caused is a matter for further judicial consideration, the judge noted.
On the issue of intent, Koontz said Trump's lawsuit "paints a picture that demonstrates that the BBC has repeatedly allowed false statements about Trump to be published."
“The BBC asks the court to turn a blind eye and treat the Panorama team as if they were isolated from the [rest of] the organization and did not know what was going on at the BBC,” Koontz wrote of Trump’s thesis that the corporation had malice. Overall, the judge found that the President of the United States had provided sufficient evidence of possible malice to warrant a trial.
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At the same time, the judge decided that the fact that the filmmakers did not contact Trump for comment could not be attributed to malicious intent.
The judge also found that the episode that gave rise to the lawsuit could not be considered legally protected expression.
Addressing the issue of jurisdiction, Koontz noted that the BBC documentary could be viewed in Florida, and Trump was a resident of that state when the film was released. On this basis, Koontz decided, the lawsuit could be heard by a court in Florida.
This decision means that the claim will be considered on its merits. “The question remains whether President Trump can prove these allegations and establish that he suffered damages on summary judgment or at trial,” Judge Koontz concluded.
At the same time as the defamation suit, Trump filed a lawsuit against the BBC alleging that the corporation violated Florida's commercial practices law. But on this issue Judge Koontz agreed with the BBC and dismissed the claim, finding that the film was not relevant to the subject of this law.
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The essence of the claim
US President Donald Trump filed a lawsuit against the BBC in December 2025. He demanded that the corporation pay $10 billion in compensation for two of his claims - for libel and for violation of trade practices.
Panorama documentary "Trump: A Second Chance?" was released in October 2024, shortly before the US presidential election. Trump accused the BBC of editing parts of his speech at the Capitol on January 6, 2021 in such a way that the meaning of his words was distorted and viewers were misled. According to his representatives, the installation created the impression that Trump called on his supporters to storm the US Capitol on January 6, 2021.
Speaking in Washington that day, Trump said: "We will go to the Capitol and cheer on our brave senators and congressmen." More than 50 minutes later, in the same speech, he declared: “And we will fight. Fight with all your might."
But in the Panorama program his words were quoted as follows: “We will go to the Capitol... and I will go with you. And we will fight. We will fight with all our might."
The announcement of his intention to "fight like hell" came as Trump spoke about how "skewed" the results of the US presidential election were.
The BBC management apologized to Trump. The corporation said the program created "the erroneous impression that Trump directly called for violent action" and also promised not to air the film again. Amid the scandal, BBC director general Tim Davey and head of BBC News Deborah Turness resigned.
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