UnHerd with Freddie Sayers Will Trump destroy the BBC?
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Nov 15, 2025 
This discussion features Burt Neuborne, a legal expert from NYU, who dives into the implications of Trump's potential defamation lawsuit against the BBC. Veteran journalist Joshua Rozenberg sheds light on the BBC's internal handling of complaints and its perceived biases. Seth Stern from the Freedom of the Press Foundation warns about the chilling effects such lawsuits could have on press freedom. Together, they explore the intersection of legal challenges, media integrity, and the future of public broadcasting under political pressure.
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High Bar For Libel Against Public Figures
- US defamation law requires 'actual malice' for public figures to win libel suits against media outlets.
- Burt Neuborne explains this high bar protects free speech and makes lawsuits against broadcasters difficult.
Editing Can Create Legal Exposure
- Falsely quoting or splicing remarks can meet the 'actual malice' test if it alters meaning.
- Neuborne points to Supreme Court precedent that misquoting is a serious journalistic error that can support a claim.
Jurisdiction Is Trump's Weak Spot
- Jurisdiction is a weak point for Trump suing the BBC in Florida because the documentary aired in Britain.
- Neuborne says the BBC can argue lack of 'minimum contacts' to avoid being dragged into a Florida court.