Federal Judge Lets Trump's Defamation Suit Against BBC Proceed, Throws Out Trade Practices Claim

A federal judge in Florida has kept Donald Trump's defamation lawsuit against the BBC alive, and cut it in half in the process.

U.S. District Judge Jeffrey T. Kuntz of the Southern District of Florida ruled Tuesday, Nov. 10, denying the BBC's motion to dismiss the defamation claim. He tossed the second count, brought under the Florida Deceptive and Unfair Trade Practices Act, finding that a news documentary is not commercial speech.

The complaint, filed in December 2025, sought $10 billion. Euronews reported that each of the two counts was pleaded at no less than $5 billion, which would leave at least $5 billion in play.

What the judge actually decided

Kuntz did not rule on who is right. His 40-page order says only that Trump's allegations are enough to continue.

"Whether President Trump can prove these claims and establish he sustained damages at summary judgment or trial is left for another day," he wrote.

But he did spend real ink on the edit itself. The Panorama episode aired a week before the 2024 election. It stitched together two passages from a speech of roughly 70 minutes into a 12-second clip. In the clip, Trump says "We're going to walk down to the Capitol and I'll be there with you," followed by "And we fight. We fight like hell and if you don't fight like hell, you're not going to have a country anymore."

The two statements were nearly 55 minutes apart in the actual speech. Less than a minute after the first line, Trump told the crowd: "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard." The Panorama cut left that out.

The BBC argued that condensing a long speech is ordinary editing. Kuntz was unconvinced.

"Editing is often required," he wrote. "However, given the time disparity between the two statements, the distance itself tends toward a plausible inference that BBC knew or should have known that the segment they were creating would not and could not have been a truthful statement." He added: "This was not trimming around the edges but creating something different than what was stated in the speech."

As a public figure, Trump has to show the BBC acted with knowledge of falsity or reckless disregard for the truth. The judge found he had plausibly alleged it. At this stage a court takes the plaintiff's allegations as true, so this is a low bar, not a finding.

The BBC's position

The BBC says it still believes it will prevail. "We are surprised by this decision but respect the Court's authority and note the case will now proceed to the next stage," a spokesperson said. "We remain confident in our position and will continue to respond through the proper legal process."

The broadcaster has argued that the programme does not meet the legal criteria for defamation and was not available in the United States. It has also apologized. In November 2025, BBC Chair Samir Shah sent a personal letter to the White House saying the corporation was sorry for the edit, and the BBC said the broadcast gave "the mistaken impression that Trump made a direct call for violent action." Director general Tim Davie and head of news Deborah Turness resigned over the episode.

The availability argument has already cost Trump something. His lawyers conceded earlier this year that they had no evidence the documentary was available in the U.S. through BritBox, the BBC's website, BBC Select or American broadcasters, as the suit originally argued. Trump also dropped BBC Studios, the commercial arm, after the BBC said it had "no role in creating or producing the documentary."

Trump's reaction

Trump called the ruling "A Huge Victory against Fake News BBC, a terrible abuser of the truth" in a Truth Social post. He quoted the judge as writing that "the news entity created the story," and said he would keep "fighting against, and defeating, all of those who try to deceive the American People!"

The victory is real but partial. He lost a count outright, and the case now moves into evidence, where a plausible allegation has to become a proven one.

The deposition problem

The next dates are already on the calendar. The BBC must answer the defamation claim by Dec. 1, according to the order.

A separate order from a Miami federal judge on Oct. 22 requires Trump to sit for questioning by BBC lawyers by Dec. 11. Trump had been scheduled to be deposed in October, but his lawyers told the BBC in late September that he was unavailable "due to other matters of national importance." A BBC lawyer told the court that Trump was campaigning in Georgia on the scheduled day.

The court warned that if he does not appear, he could face penalties, up to and including dismissal of the case, unless the discovery period is extended. Trump has said he will be available in the second or third week of January, according to the BBC.

That is after the Dec. 11 deadline. Whether the court extends discovery, or holds Trump to the date, is the first real test of how the case proceeds.