...
But Stephens questioned whether U.S. courts would even have jurisdiction.
"The problem is that Panorama wasn’t broadcast in the USA and the BBC iPlayer—the online streaming service—similar to Hulu—that lets UK viewers watch BBC programs on demand—isn’t legally available in the U.S. without a VPN; and that would prove to be a key issue in Trump’s potential lawsuit," he said.
The program "was primarily available on BBC One in the UK and on BBC iPlayer, but, as BBC iPlayer is geo-restricted [meaning access to a website or streaming service is limited to users in specific countries or regions using a viewer’s IP address to detect their location and block anyone outside the approved area] and not legitimately available in the U.S. without using a VPN that bypasses those restrictions."
This means Trump would struggle to prove that the Panorama program was "published" in the United States—a key jurisdictional hurdle for any defamation case filed in Florida. Stephens said Trump’s team would need to show that "the BBC intended to publish it in America." Without proof of official distribution, he added, "there would be no jurisdiction to hear a claim."
He pointed out that "a consumer sitting in Florida can’t think less of Donald Trump about something they haven’t seen. And because he’s the claimant, he’ll have to prove it was officially available, not unofficially pirated via online uploads."
...