Trump Lawyers to Use BBC Emails in Defamation Lawsuit
Lawyers for former President Donald Trump plan to use internal BBC communications to bolster their defamation case against the broadcaster over a "Panorama" documentary.
Attorneys for former President Donald Trump intend to use internal BBC emails as evidence in his defamation lawsuit against the broadcaster, which he accuses of maliciously editing a segment of his January 6, 2021 speech. The lawsuit, seeking £7 billion, centers on a 12-second edit of Trump's remarks that appeared in a "Panorama" episode aired weeks before the 2024 US presidential election.
Trump's legal team argues that the edited clip, which juxtaposed his statements about walking to the Capitol and fighting with later events, created the false impression that he incited the mob. Under US libel law, proving defamation requires demonstrating that the publication was made with "actual malice"—that is, with knowledge of its falsity or with reckless disregard for the truth.

The defense intends to present an apology from BBC Chairman Samir Shah as evidence of the documentary's malicious production. Trump's lawyers contend that Shah's admission that the segment unintentionally created the impression of a single, continuous part of his speech, giving a mistaken impression of a direct call for violent action, supports their claim of "actual malice."
"The problem with that argument, your honour, is that it is entirely belied by the words of the chairman of the BBC," Trump attorney Alejandro Brito stated in a hearing, referencing Shah's apology.
The BBC, however, maintains that the apology clarified the editing error was unintentional and is challenging the jurisdiction of the Florida court to hear the case, asserting the documentary was not aired in the US. A BBC spokesman stated that the documentary was never broadcast in the US, including Florida, and that any viewing in the US would have been unauthorized.
Trump's legal team also plans to use emails to demonstrate that BBC documentary producers shared links to the program with individuals in the United States. This is intended to counter the BBC's argument that the program was only available to a UK audience. The emails reportedly show producers sharing links with select US residents involved in the documentary and even providing instructions on using a virtual private network (VPN) to access BBC iPlayer from outside Britain.
Further evidence cited includes internal communications where BBC editors considered titling the documentary "Wanted: President Trump?" accompanied by a mock-up of a wanted poster. The program was ultimately titled "Trump: A second chance?"
The lawsuit was initially filed last December after it was revealed that the BBC had spliced two sections of Trump's speech. The ensuing controversy led to the resignations of then-Director-General Tim Davie and BBC News chief executive Deborah Turness. Trump rejected an apology from Shah and is proceeding with the legal action in US courts.
Conversely, the BBC notes that Trump's wealth has increased by over $1 billion in the past year, which they argue contradicts his claim that the documentary caused financial harm.