Trump vs BBC: Inside the US president’s defamation battle and legal obstacles he faces

Trump’s billion-dollar BBC battle

U.S. President Donald Trump has threatened to sue the BBC for at least $1 billion, accusing the British broadcaster of “deceptively editing” footage of his 6 January 2021 speech to make it appear he encouraged supporters to storm the U.S. Capitol.

In a letter reviewed by Reuters, Trump’s lawyers gave the BBC until Friday to retract an October 2024 Panorama episode containing the footage or face legal action. “They defrauded the public and they’ve admitted it,” Trump told Fox News host Laura Ingraham on Monday, saying he had an “obligation” to sue.

BBC Chair Samir Shah has apologised for the editing, and a spokesperson said the broadcaster is “reviewing the letter.” The controversy has triggered a crisis within the BBC, leading to the resignations of Director General Tim Davie and News Chief Executive Deborah Turness.

Can Trump sue the BBC in the U.S.?

Trump’s legal team intends to file the lawsuit in Florida, where he resides. Legal experts say the case’s viability may depend on whether the BBC has sufficient presence in Florida and whether residents there viewed the documentary online and felt deceived.

The Panorama episode was not aired on U.S. television but was briefly available on the BBC’s online streaming platform. The broadcaster, which has offices in New York and Los Angeles, has previously faced lawsuits in Florida without disputing jurisdiction.

If a court finds insufficient connection to Florida, the case could be swiftly dismissed for lack of jurisdiction.

What Trump must prove

For a public figure, winning a U.S. defamation case requires clearing a high bar. Trump must show the BBC’s statements were false, defamatory, and published with “actual malice”—that is, knowing falsity or reckless disregard for the truth.

His lawyers are expected to seek internal BBC communications during discovery to determine whether editors knowingly misled viewers. They could also cite a leaked BBC ethics memo warning of “systemic bias” favouring the political left, which might bolster Trump’s claim of malicious intent.

The BBC’s legal defences

Under the U.S. Constitution’s First Amendment, media outlets enjoy strong protections against defamation claims. In Florida, the BBC could further invoke state law enabling rapid dismissal of meritless or retaliatory suits.

The broadcaster is likely to argue that the documentary was “substantially true” and that its editing did not distort the facts or harm Trump’s reputation. Trump, however, maintains that it caused “overwhelming reputational and financial harm.”

Why not file in the U.K.?

Legal time limits preclude Trump from suing in Britain, as U.K. law requires defamation claims to be filed within one year of publication—long past for the October 2024 episode. Moreover, libel damages in the U.K. rarely exceed £350,000 ($469,000), far below potential U.S. payouts that can surpass $1 billion.

Can Trump really claim $1 billion?

Legal experts note that such vast figures often serve as opening leverage in settlement negotiations. Ultimately, damages would be determined by a judge or jury.

This would not be Trump’s first massive claim against a media outlet. In 2024, he sued CBS for $20 billion over allegedly deceptive editing of an interview with Kamala Harris; that case settled for $16 million. He also has a pending $10 billion lawsuit against The Wall Street Journal concerning its reporting on his links to Jeffrey Epstein.