BBC board members have been advised to seek legal advice before traveling to America, as the British broadcaster defends a $10 billion lawsuit from Donald Trump.
During a BBC board meeting in April, directors were told to take counsel from in-house lawyers if they planned on making a trip to the U.S., per minutes from the gathering.
The item in the BBC board minutes, titled âPOTUS legal case,â did not elaborate on why the legal advice was necessary, but the corporation may be alert to the possibility of directors being subpoenaed or compelled to give evidence.
The minutes said: âThe board received an update on the legal action being brought by the president of the United States. It was agreed that any board members planning to travel to the United States in future should request advice from the BBCâs legal team.â
Trump sued the BBC for defamation in December over edits that were made to a Panorama documentary that misleadingly edited his speech before the January 6th attack on the Capitol.
Last week, the BBC filed a motion to have Trumpâs lawsuit thrown out of the District Court in Florida. The corporation is seeking a quick dismissal in part by noting a lack of jurisdiction, in that the BBC did not broadcast the documentary in the U.S.
Trumpâs legal team has claimed that the Panorama documentary, Trump: A Second Chance?, was streamed on iPlayer by âhundreds of individualsâ using a VPN in the U.S., despite it being geoblocked in America. Of those, 34 streams were claimed to have originated in Florida, where the case was filed.
The BBCâs legal team argued that âexercising jurisdiction based on the mere possibility of unauthorized access via VPNâwhich no court has doneâwould upend personal jurisdiction jurisprudence and have massive implications for foreign companies with online presences.â
In the motion, the BBC also challenged Trumpâs lawsuit on the grounds that he had not claimed actual harm, and would not be able to prove such a thing.
The BBCâs legal team wrote: âGiven the many allegations prior to the documentaryâs release regarding plaintiffâs speech, the fact that the documentary was never broadcast in the U.S.âand that after its release, the president won reelection and carried Florida by a wide marginâplaintiff cannot plausibly claim that the documentary harmed his reputation.â
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