The BBC has vowed to defend itself against Donald Trump‘s $10billion (£7.5billion) lawsuit, despite warnings the legal fight will cost the corporation as much as £75million.
The lawsuit, which was filed in Florida on Monday evening, includes one count of defamation and one count of violating Florida trade practices law, after the BBC apologised for doctoring a clip of the US President in a Panorama episode.
Mr Trump’s legal team is demanding $5billion in damages for each count.
A BBC spokesman said on Tuesday: ‘We will be defending this case. We are not going to make further comment on ongoing legal proceedings.’ The corporation has acknowledged the editing was an ‘error of judgment’, apologised to Mr Trump, and director-general Tim Davie and head of News Deborah Turness resigned over the controversy.
To overcome the US Constitution’s legal protections for free speech and the Press, Mr Trump will need to prove not only that the edit was false and defamatory but also that the BBC knowingly misled viewers or acted recklessly.
A friend and ally of the US President warned that the BBC would risk spending £75million on legal fees and urged the broadcaster to ‘figure out a quick and easy settlement’ for around $10million (£7.5million).
The BBC has vowed to defend itself against Donald Trump’s $10billion (£7.5billion) lawsuit, despite warnings the legal fight will cost the corporation as much as £75million
The lawsuit, which was filed in Florida on Monday evening, includes one count of defamation and one count of violating Florida trade practices law, after the BBC apologised for doctoring a clip of the US President in a Panorama episode
Christopher Ruddy, chief executive of the conservative US network Newsmax, told the Today Programme: ‘I don’t think it’s good for the BBC for this to go forward. The purpose here for the President is not to get $5billion, it’s to demonstrate a point – and maybe also get some money.
‘If I was looking into a crystal ball, I might say this case would settle probably around $10million. The cost of litigation for the BBC to go through a case like this in the United States with attorneys would be probably about $50million to $100million and the President has an excellent attorney. I’m sure that BBC has enough money to cover a settlement that size.’
Mr Ruddy also warned that the US legal system could compel the BBC to reveal more details about the scandal, which could further damage the corporation’s reputation.
The litigious President has had several high-profile wins against media giants in the US, including a £12million settlement with Paramount, parent of CBS News, when he alleged false editing of a pre-election interview with his Democratic rival Kamala Harris.
The Panorama episode never aired in the US, and the BBC is expected to argue that it had no significant impact on Mr Trump’s reputation among American audiences. The President’s lawyers say rising VPN usage in Florida helped establish ‘the immense likelihood’ that viewers there accessed it.
Dr Vasileios Adamidis, of Nottingham Law School, said the lawsuit faced ‘major obstacles’.
He added: ‘Trump would need to show that the BBC knowingly broadcast false material or acted with reckless disregard for the truth. The BBC’s acknowledgement of an ‘error of judgment’ falls well short of admitting knowing falsehood or recklessness.’