I suggested the other day that ABC/Disney better be pretty careful or they would have some serious libel exposure for their ‘Path to 9/11.’ News reports since then suggest that the cutting room floor is getting crowded, so perhaps the most potentially libelous sections are being removed. What’s left behind may be one-sided, may leave out critical moments and information, but it’s an awful lot harder to make out a libel case based on implication by omission than it is to point to the smoking gun of commission.
Meanwhile, however, comes the news that ABC has sold rights to the BBC, which will be showing the film on Sunday. I’d love to know whether ABC has indemnified the BBC for any libel claims because it is waaaaaay easier to make a libel claim stick in the UK — even if one is a non-resident — than it would be in the US. And a British jury (libel being about the only time civil cases are tried to a jury in England any more) is likely to be infinitely more sympathetic to the Clintons, and hostile to the current administration, than any US jury.
I can see why ex-President Clinton might not want to file suit in the US, but discovery is much less invasive in the UK. As for the other persons in the Clinton administration who may feel that their reputations have been tarnished by whatever emerges from the dungeons of ABC/Disney, I’d advise them to consult counsel in England (names available on request). Easier to make the case, and the damages (plus costs!) could be quite substantial if the facts are still there to support a claim.
If I have any readers in the UK, they might wish to contact the BBC to warn them about their programming choices. It would be good to put them on notice of the risks. The BBC will understand what its potential exposure is.