The BBC has issued a formal apology for its editing of a speech delivered by Donald Trump prior to the Capitol riots in January 2021, a decision that has sparked an investigation by a US media regulator and a multi-billion dollar legal threat from the former president.
US Media Regulator Probes Panorama Broadcast
The Federal Communications Commission (FCC), led by Brendan Carr, a known ally of Donald Trump, is examining whether an edition of the BBC's flagship Panorama programme violated US broadcasting regulations. Carr has written to the BBC's outgoing director general, Tim Davie, seeking clarification on a critical point: whether the controversial programme was ever broadcast to audiences in the United States.
This detail is considered pivotal for any future litigation, as the programme was primarily available on the BBC's iPlayer platform, which is geo-blocked and not accessible in the US. The FCC's jurisdiction does not officially extend to the BBC, but Carr has also contacted the heads of US broadcasters PBS and NPR, which have partnerships with the corporation, to determine if they aired the edited content.
The Controversial Edit and Its Fallout
The specific Panorama episode, broadcast a week before a US election, spliced together two segments from a speech Trump gave on 6 January 2021. The edited clip gave viewers the impression that Trump told the crowd: "We're going to walk down to the Capitol and I'll be there with you, and we fight. We fight like hell." In reality, these statements were made almost an hour apart in his original address.
The issue was initially flagged in a memo by Michael Prescott, a former independent external adviser to the BBC's editorial guidelines and standards committee. Following complaints, both Tim Davie and the head of BBC News, Deborah Turness, resigned from their positions.
Legal Threats and Defence Strategy
In response to the broadcast, Donald Trump has threatened to sue the BBC in Florida for up to $5bn (£3.8bn), although no formal case has been filed at this time. The BBC's chair, Samir Shah, has informed staff that the corporation is "determined to fight" Trump's defamation claims.
Legal experts have questioned the strength of Trump's potential case. David McCraw, the lead newsroom lawyer for the New York Times, suggested the BBC should have a "very solid case," citing potential jurisdictional issues in Florida if the programme was not viewed there. He acknowledged, however, that defending against the lawsuit would require "expensive American lawyers."
The BBC confirmed it had received the FCC's letter but declined to comment further on the ongoing matter.
