It will also argue that Trump has failed to “plausibly allege” the BBC acted with malice in airing the documentary.
Attorney Charles Tobin, for the BBC, said Trump can't prove actual damages because he won reelection by a commanding margin, and carried Florida by 13-point margin, better than his 2016 and 2020 performances.
He said the documentary also couldn't have harmed his reputation because it aired after Trump was indicted by a federal grand jury over alleged efforts to overturn the 2020 election, including allegations he “directed the crowd in front of him to go to the Capitol.”
The BBC is asking the court to postpone discovery — the pretrial process in which parties must turn over documents and other information — pending a decision on the motion to dismiss. The discovery process could require the BBC to hand over reams of emails and other materials related to its coverage of Trump.