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Courts & Legal Status: Motion to dismiss the defamation claim denied; unfair-trade claim dismissed; case is not decided on the merits

Florida Judge Lets Trump's Defamation Claim Against the BBC Proceed, Dismisses Unfair-Trade Count

By AFNS Research Desk · · 2 min read

The federal courthouse in Miami, Florida (file image, 2007)
Photo: Miami92 / Wikimedia Commons, Public domain

Status: On Tuesday, Judge Jeffrey T. Kuntz denied the BBC's motion to dismiss President Trump's defamation claim and dismissed a separate Florida unfair-trade-practices claim. The court did not decide whether the BBC defamed Trump or whether he can prove damages.

In a 40-page order issued in Fort Lauderdale in Trump v. British Broadcasting Corp., No. 1:25-cv-25894, Kuntz wrote: "Whether President Trump can prove these claims and establish he sustained damages at summary judgment or trial is left for another day." He directed the BBC to answer the defamation count by Dec. 1, 2026.

Trump filed the $10 billion suit in the Southern District of Florida in December 2025 over an episode of the BBC's Panorama program, Trump: A Second Chance, which aired a week before the 2024 presidential election. The complaint, as described by CBS News and the BBC, alleges that the program spliced together two clips from the speech Trump gave on Jan. 6, 2021, clips his lawyers say were taken about 55 minutes apart, and omitted "his statement calling for peace." Trump's suit accuses the BBC of "intentionally, maliciously and deceptively doctoring" the speech.

The BBC has said the broadcast gave "the mistaken impression that Trump made a direct call for violent action." In November 2025 the corporation apologized for the edit, while saying it "strongly disagree[s] there is a basis for a defamation claim." It later asked the court to dismiss the case, arguing the program does not meet the legal standard for defamation and was not available in the United States.

Kuntz, a Trump appointee, found that the defamation allegations were sufficient to go forward at this stage, the BBC, CBS, and the Guardian reported. He dismissed the Florida Deceptive and Unfair Trade Practices Act claim, holding that the documentary is not commercial speech.

In a Truth Social post on Tuesday, Trump called the ruling "A Huge Victory against Fake News BBC, a terrible abuser of the truth," CBS reported. A BBC spokesperson said: "We are surprised by this decision but respect the Court's authority and note the case will now proceed to the next stage." The spokesperson added, "We remain confident in our position and will continue to respond through the proper legal process."

A prior order requires Trump to sit for a deposition by Dec. 11, after he canceled an October date, citing "matters of national importance," the BBC and CBS reported. The BBC has said Trump indicated he would be available in the second or third week of January. Earlier this year, Trump's lawyers conceded they had no evidence the documentary was available in the United States on BritBox, the BBC's website, BBC Select, or through U.S. broadcasters, and Trump agreed to drop BBC Studios, the broadcaster's commercial arm, from the suit, the BBC reported.

Sources

  1. U.S. District Court, S.D. Fla., order of Nov. 10, 2026, No. 1:25-cv-25894 assets.bwbx.io
  2. BBC News www.bbc.com
  3. CBS News www.cbsnews.com
  4. The Guardian www.theguardian.com

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