The BBC has warned of a “chilling effect” on “robust reporting on public figures and events” from US President Donald Trump’s defamation lawsuit.
The corporation filed a motion on Monday to dismiss Mr Trump’s $10 billion (£7.5 billion) claim.
The lawsuit follows criticism of a Panorama documentary, broadcast in 2024, which Mr Trump alleges gave the impression he encouraged supporters to storm the US Capitol in 2021 after his election loss to Joe Biden.
In its motion, the BBC cited case law, stating: “Early dismissal is favoured given the powerful interest in ensuring that free speech is not unduly burdened by the necessity of defending against expensive yet groundless litigation, which would constrict the breathing space needed to ensure robust reporting on public figures and events.”
Arguing the case should be thrown out, the corporation continued: “All the more so when plaintiff (President Trump) is among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day.
“The chilling effect is clear.”
The motion went on to cite a “lack of personal jurisdiction” and a “failure to state a claim” as further reasons for wanting the lawsuit dismissed.
In the 34-page document, the BBC said: “In all, plaintiff (President Trump) falls well short of the high bar of actual malice.
“He fails to plausibly allege facts showing that defendants (BBC) knowingly intended to create a false impression.”
The BBC went on to say “the lack of actual malice is underscored by the fact that the brief clip, which shows 12 seconds of plaintiff’s speech on January 6, is part of an hour-long film with extensive coverage of his supporters and balanced coverage of his path to re-election”.
The corporation also argued Mr Trump’s defamation claim should be dismissed because he cannot show the corporation “purposefully aimed the documentary at Florida”.
The 79-year-old filed the claim against the BBC in the southern district of Florida in December last year, but the BBC said it is “not at home in Florida”.
In the motion to dismiss, the BBC added: “The president has no basis at all to ask this court to exercise jurisdiction over defendants (BBC).”
It also argued it is “not subject to general personal jurisdiction in Florida because they do not engage in substantial and not isolated activity within this state”.
