Trump Files $10 Billion Defamation Suit Over BBC Doc That Never Aired Here—Using VPN Stats As Evidence

from the the-vexatious-president dept

President Trump, who keeps pretending he’s for free speech, but who has filed more defamation lawsuits against more media organizations than any president in history (combined), has done so again. This time, he has sued the British Broadcasting Corporation (BBC) in Florida (naturally). For context: the only other president to come anywhere close was Teddy Roosevelt, who sued a Michigan newspaper for calling him a drunk—and that was while campaigning as an ex-president, not while actually holding office.

At issue was a BBC Panorama documentary about January 6th, in which there is (at worst) a slightly awkward edit: two separate sentences of Trump’s speech were shown one after another, despite being separated by over half an hour of Trumpian ramblings. The original claim was that this edit somehow changed the meaning of what Trump said, though in the past few days, Trump has been falsely claiming that the documentary used AI to make him say things he didn’t say.

The lawsuit makes zero mention of AI. Instead, it claims that they edited the two sentences together in a way that was misleading.

The lawsuit isn’t a surprise. He’s been talking about this for a few weeks now, even though (1) the BBC did nothing wrong, (2) the BBC still apologized, (3) the BBC effectively fired those who did the controversial edit, (4) the BBC has promised never to show the documentary again, and (5) the BBC has since bent over backwards to portray Trump positively.

The lawsuit is ridiculously stupid. As famed First Amendment lawyer Bob Corn-Revere told CNN:

The suit “does not have any legal basis, either on defamation or jurisdictional grounds,” said Bob Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression.

“This is nothing more than the president’s latest effort to intimidate media companies that he sees as adversarial to his administration,” he said.

As he notes, the first hurdle is going to be the jurisdiction. Suing in Florida is a choice, given that the BBC only showed the documentary in the UK, not anywhere in the US, let alone Florida. Showing that the documentary somehow harmed Trump’s reputation in Florida will be virtually impossible if it actually got to that point (which it won’t).

The complaint tries to get around this by—I shit you not—claiming that because VPN usage is up in Florida, it likely means people are using VPNs in Florida to appear to be in the UK in order to watch BBC streams that are geo-locked to the UK. No, really:

According to vpnMentor, a VPN research firm, VPN usage in Florida has skyrocketed since 2024, with a 51% increase in demand on December 19, 2024, and an over 1,000% increase in VPN usage at the beginning of 2025.

Florida streamers have opted to use VPNs to increase their “streaming freedom.” Among the most popular streaming services accessed by viewers using a VPN is BBC’s online streaming platform, BBC iPlayer.

To that end, an article published by Tom’s Guide, a reputable technology news outlet, revealed that a VPN usage survey showed that approximately 41% of VPN subscribers use the service to stream content, citing BBC iPlayer as an example of what a VPN subscriber could view using a VPN.

The Panorama Documentary’s publicity, coupled with significant increases in VPN usage in Florida since its debut, establishes the immense likelihood that citizens of Florida accessed the Documentary before the BBC had it removed.

That is the kind of argument that should get a lawyer sanctioned.

Then there’s the actual malice part of this. It’s unlikely that Trump can show actual malice here, since (as a public figure) that would require showing that the BBC knew this was “false” or that they ignored evidence of the falsity of the statement. But that’s a problem since it wasn’t false. Florida is a state that recognizes a version of “defamation by implication,” in which true statements presented in a way that implies a defamatory fact can still be defamation, but it’s difficult to see how this edit rises to the necessary level, which would require the BBC to have deliberately decided to misrepresent the facts in this way.

The supposed smoking gun in the lawsuit is an internal memo that was made public recently, in which some employees raised concerns about the edit, which the lawsuit uses in its weak attempt to manufacture actual malice.

As set forth in a damning and recently leaked BBC internal whistleblower document, the BBC intentionally used the Panorama Documentary to maliciously, falsely, and defamatorily make it appear that President Trump explicitly called for violent action and rioting, and that he “said something he did not,” by splicing together footage from the start of the Speech with a separate quote that he said nearly 55 minutes later, while omitting his statement calling for peace, made less than one minute after his first statement urging supports to cheer their senators and congressmen at the Capitol. Such distortion of the President’s speech by the BBC “materially misled viewers.”

Here’s the problem with that theory: Internal editorial debate about whether an edit works is not evidence of actual malice under its legal definition. It’s evidence of editorial standards. If anything, it shows the BBC was wrestling with how to responsibly present the material—the opposite of reckless disregard for the truth. Trump’s lawyers are trying to weaponize normal journalistic process as proof of bad faith, which is both legally nonsensical and a chilling attack on newsroom deliberation.

There’s a separate issue in Florida, as well, which is that Florida defamation law gives news orgs the ability to limit the damages to “actual damages” by issuing a correction, an apology, or a retraction. And the BBC has, in fact, issued an apology (unnecessarily). This alone should cap any potential damages at actual harm suffered, which would be… what exactly? Trump won the election. His reputation, to the extent it can be harmed by accurately showing his own words about January 6th, certainly wasn’t damaged enough to cost him anything measurable. The man is president.

Oh, I guess we should mention, just for the sake of laughing at it, Trump is actually demanding a very Dr. Evil like “$10 billion” for an edit of a single TV program not shown in the US and which did no actual damage to his reputation.

Still, like nearly all of Donald Trump’s SLAPP suits, the point is not to win the lawsuit. Rather it’s to continue the same streak of intimidation tactics that he’s done for years. He sues media properties on no basis whatsoever, knowing that it causes not just the media targets of his lawsuits to be a lot less willing to report on the president’s words and actions in the future, but also scares others into silence as well.

Donald Trump is a serial filer of SLAPP suits, which serve no purpose other than to intimidate the media away from reporting negatively on him. It is just one of many reasons that he is the most censorial president ever. Hopefully the courts drop kick this case off the docket in record time.

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Comments on “Trump Files $10 Billion Defamation Suit Over BBC Doc That Never Aired Here—Using VPN Stats As Evidence”

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31 Comments
Anonymous Coward says:

Re:

It’s not defamatory to use isolated excerpts Trump’s speech to imply that Trump wanted followers to riot, because on J6 his followers heard the entire thing, and then rioted.

That logic makes no sense. I could just as well say that if your message causes a riot, you must have intended it. People saw cartoons of Mohammed and shot the people involved in publishing them, but it’d be crazy to say that the cartoonists caused the violence.

Here’s a full transcript of Trump’s speech—which did, in fact, include the phrase “peacefully and patriotically make your voices heard”. Whether “fight like hell” calls for violence is debatable; lots of politicians and protestors use language like that to refer to peaceful but vocal protests. And “storm the Capitol” could refer to quickly assembling a large group of people outside the building, to chant slogans and such, as in the Million Man March.

I think Trump did want a riot, but it’s hard to prove. To me, the mass pardons and clemency send a stronger message about it than the speech.

Kinetic Gothic says:

Re: Re:

The logic does work, when the people who riot, are acting in alignment with the speaker who’s instigating them.

Turmp’s followers heard his message… his entire message… and that message was more than just the J6 speech, it was the months of pushing the Big Lie and stoking grivances before it.. his many of his followers -came to the capitol prepared for violent action- and openly declared they were doing so before hand. The horse was out of the barn before he tried to close the door with “peacefully and patrioticlly”

But the real kicker to the defense is this point… it’s the fact that the riot happened, that has damaged Trump’s reputation, not the BBC’s coverage of it years later.

n00bdragon (profile) says:

Re:

The proper defense to all of Trump’s lawsuits is a remarkably simple “no”, but like all of his lawsuits the substance of the lawsuit isn’t the point and engaging with the claims in the lawsuit in good faith is giving the lawyers who risk their bar licenses to humor them too much credit. The point (as always) is to tie up a “foe” (and everyone is a foe until the moment they become your stooge and even then, it’s kinda touch and go) in legal proceedings that:

A) Drain them of cash while you use the (literally) infinite resources of the state that prints the world’s reserve currency of choice to attack them.

B) Show off to loyal stooges how aggressive you are for attacking your enemies. Inspire them with what an aggressive person you are.

C) Cow your enemies who do not have the resources of the BBC to fight back, making them know what you will do them if they cross you.

D) Dominate the news cycle for another day with more pointless blather that isn’t any of the things you are currently doing to fuck up the entire world.

E) “Flood the zone with shit”. If you repeat the line “the BBC is untrustworthy” enough times, a certain segment of people will believe it. It doesn’t matter if it’s true or not. This is very much the “you can fool some of the people all the time” presidency. That core constituency requires maintenance in the form of continuous bald-faced lies.

Anonymous Coward says:

Re:

only Trump should be allowed to mislead people

Isn’t “misleading” still a type of “leading”, suggesting leadership in some specific (but wrong) direction? Trump, though, seems to have no specific or consistent direction, which perhaps makes “bamboozling” a better term. Just confuse and distract people till they don’t care anymore.

That One Guy (profile) says:

Re: Re:

So many people are arrogant enough to tell themselves, ‘Sure he threw the last dozen people in the job I’m aiming for under the bus the second he thought it benefited him, even diehard supporters, but he’s never do that to me.’

Alternatively they are smart enough to know that their odds of getting paid by him are almost zero but they also know that they can use the ‘Acted as Trump’s Lawyer in a major case’ card to score jobs and interviews that will pay out.

Anonymous Coward says:

Trump has won flimsy legal actions and got paid simply cost media company’s want him inside for future media consolidation takeovers the bbc does not broadcast in the USA
It has no interest in.buying USA media company’s
Some programs radio may be acessed on BBC.websites
Not many people use vpns to access BBC news programs
The edits BBC did could be construed as harmful they changed the meaning of trumps speech to some degree

Anonymous Coward says:

Two managers in the news dept left the BBC after it came out that edits had been made in two programs or separate news items about trump .The BBC would be regarded as liberal or slightly left wing in terms of it’s news reporting .
Eg one presenter changed the script eg the script said people who get pregnant
The tv new presenter a woman changed it live on air to women who get pregnant
pregnant
Most of BBC employees are recruited from Oxford or Cambridge
Universitys in England
Americans can access some BBC radio stations live without using a VPN
BBC tv or iPlayer blocks users outside the UK for rightscopyright reasons and to avoid paying music rights for international users

That One Guy (profile) says:

Well that didn't work out well for you did it BBC?

The lawsuit isn’t a surprise. He’s been talking about this for a few weeks now, even though (1) the BBC did nothing wrong, (2) the BBC still apologized, (3) the BBC effectively fired those who did the controversial edit, (4) the BBC has promised never to show the documentary again, and (5) the BBC has since bent over backwards to portray Trump positively.

All that grovelling servility and he’s still SLAPPing them around, why it’s almost as though attempting to appease a fascist dictator is the wrong response when they go after you, pity there’s no historical precedent in europe along those lines that they might have learned from before having to find out the hard way.

ECA (profile) says:

Dah Logic

How to pay lawyers.
Sue, make random Claims to see if you can get the judge to look at it and say, “Maybe”.

If you dont sue, you get nothing anyway.
If the judges dont see anything in the claim, nothing is lost
If a Judge does take it up, you can Fill the Room with 10000 claims and Random BS, until God Ends the Universe, or the other person hands you money to SHUT UP.

Doctor Biobrain (profile) says:

Trump better hope his supporters don’t find out what this case is about. I’ve dealt with many of them regarding this speech and they all know he said the peaceful part but refuse to believe he told them to fight like hell or they won’t have a country anymore.

Once I quote it the best they’ll do is insist that the peaceful part was all that matters or think it was at the end of the speech right before they left. But some refuse to believe he said it even when I provide the quote. Because they never heard the speech; same as most of his speeches.

That’s something the anti-MAGA crowd usually doesn’t understand. They think MAGA are somehow getting duped by Trump, but they rarely ever listen to him at all because they secretly know he’s terrible to listen to. They get their Trump news from their favorite influencers; not Trump himself. They know Trump says crazy and rude things but are assured that it’s just an act and are told what he really thinks. And they all have their own version of Trump, just as there are so many different versions of Christianity claiming to have the one true message.

antimony says:

Hey, it’s not like Trump, during a presidential debate during the 2020 election campaign, said inflammatory things:

https://edition.cnn.com/2023/01/11/politics/proud-boys-trial-trump-stand-back-stand-by

(CNN) —

A federal judge ruled Wednesday that prosecutors can use video of then-President Donald Trump telling the far-right group the Proud Boys to “stand back and stand” in the trial against several of the group’s leaders charged with seditious conspiracy.

District Judge Timothy Kelly said that the former president’s comments showed “an additional motive to advocate for Mr. Trump (and) engage in the charged conspiracy” to keep Trump in power.

During a presidential debate in 2020, Trump was asked by moderator Chris Wallace if he would condemn white supremacists and militia groups. Democratic candidate Joe Biden interjected and specifically mentioned the Proud Boys.

“Proud Boys – stand back and stand by,” Trump responded. “But I’ll tell you what. I’ll tell you what. Somebody’s got to do something about Antifa and the left because this is not a right-wing problem.”

The comment, according to prosecutors and members of the Proud Boys who testified publicly to the House select committee investigating January 6, was celebrated by the far-right group and was used as a recruiting tool.

Nick Smith, a lawyer for Ethan Nordean – one of the defendants in the case – argued that Trump’s comments didn’t reflect any of the actions his client and the four other defendants are alleged to have taken during the conspiracy, and that the infamous comment would be unduly prejudicial with the jury.

Kelly rejected the argument, noting that defendant Enrique Tarrio, the then chairman of the Proud Boys and a defendant in the trial, tweeted, “standing by, sir” immediately after the debate.

Also, again before Trump’s speech, it’s not like Rudy Giuliani said inflammatory things on the day:

https://www.rev.com/transcripts/rudy-giuliani-speech-transcript-at-trumps-washington-d-c-rally-wants-trial-by-combat

Giuliani said, “Let’s have trial by combat,” in his speech.

— Antimony

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mystified says:

Re: I'm baffled by your comment

I come from Australia, where News Corp (->Murdoch->Fox News) originated. I would characterise the Australian Broadcasting Corporation (ABC) as very good quality in terms of balance/neutrality.

To the extent that BBC [i.e. Govt+explicit neutral POV written into its constitution, as well as its editorial standards] mirrors the ABC here, it would not fit into most of the categories that you’re accusing it of.

So, I’d ask for “[citation needed]” for at least two levels:

  1. For each accusation, point to at least one article that you claim backs up your allegation; and
  2. Via use of whole-of-organisation and extended-time-span content-rating aggregator sites, see how left/centre/right various news organisations are rated, specifically including Fox and BBC.

Since you use the epithet “spew”, finding multiple articles/media etc. that support your position should not be hard to find.

Just noticed one last thing: Why use scare quotes when describing them as a [“]news[“] org? They produce much, much more content than just news articles/bulletins, including entertainment and in-depth investigative reporting.

And where would we be without “The Goon Show” [BBC Home Service] and “The Hitch-Hiker’s Guide To The Galaxy” [BBC Radio 4]?

As it stands, my exposure to the BBC over 40+ years leads me to disagree with your characterisation.

— mystified

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