Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Why did the Depp-Heard libel outcomes differ in the US and UK?

Why did the Depp-Heard libel outcomes differ in the US and UK?

Analysis: Specialist lawyers, a jury trial, social media and targeting Heard all helped Depp win in Virginia
Less than two years ago, Johnny Depp lost a UK libel case against the Sun after his ex-wife Amber Heard gave evidence to back claims in the newspaper that he was a wife-beater.

The judge, Mr Justice Nicol, said the Sun had proved its article to be “substantially true” and found that 12 of 14 alleged incidents of domestic violence against Heard had occurred.

At the time, Heard’s lawyer in the US, Elaine Charlson Bredehoft, said the ruling was no surprise. “Very soon, we will be presenting even more voluminous evidence in the US,” she said.

Bredehoft may well be surprised now. On Wednesday, Heard’s evidence was roundly rejected by a jury in Virginia despite it being assumed by many, including legal experts, that Depp had a weaker chance of victory.

The perceived wisdom is that it is much easier to win a defamation case in the UK than in the US, where the enshrinement of free speech in the first amendment of the constitution is sacrosanct. So what happened in this case to reverse the expected result?

Mark Stephens, an international media lawyer, said the fact that the US case was heard before a jury while the UK trial was heard before a judge was significant.

“Because the US trial was before a jury, it allowed Depp’s lawyers to focus on Heard,” a well-worn tactic of defendants in domestic abuse cases but one that was dismissed by the judge in the UK, Stephens said.

“They deny that they [their client] did anything, they deny they’re the real perpetrator, and they attack the credibility of the individual calling out the abuse, and then reverse the roles of the victim and the offender.”

Heard’s team also made tactical mistakes and were outdone by a more experienced set of lawyers, Stephens added. “Heard’s team were not predominantly trained libel lawyers and they were outgunned at every corner. They were up against a very strong team for Depp,” he said.

There were also claims that the use of “Darvo” tactics – when the alleged offender denies the behaviour, attacks the accuser, and reverses the roles of victim and offender – was not confined to the courts.

According to the US academic who coined the term Darvo and has studied the tactics used by alleged sexual predators, social media was used to undermine Heard’s case and bolster Depp’s.

Jennifer Freyd, a professor emeritus of psychology at the University of Oregon, said the traducing of Heard’s reputation online was “overwhelming”.

“Darvo refers to a reaction [that alleged] perpetrators of wrongdoing, particularly sexual offenders, may display in response to being held accountable for their behaviour,” she said.

“This occurs, for instance, when an actually guilty perpetrator assumes the role of ‘falsely accused’ and attacks the accuser’s credibility and blames the accuser of being the perpetrator of a false accusation.

“What we have witnessed in the US over this case has been an overwhelming case for Depp on social media. It is like an anti-Heard campaign and there has been a lot of Darvo.”

On TikTok, the hashtag #justiceforjohnnydepp received 19bn views. Jurors were instructed not to read about the case online but they were not sequestered and they were allowed to keep their phones.

Persephone Bridgman Baker, a partner at libel specialists Carter-Ruck, said that ultimately the jury believed Depp. “There seems no more obvious explanation than that the jury simply believed Depp’s evidence in the US proceedings, or, if you accept that a Darvo strategy was employed, that the jury accepted it.

“There was more evidence in the US proceedings about Heard’s credibility, on which the judge in the UK placed little importance: that is likely to have been a deliberate strategic decision by Depp’s team. While the judge in the UK proceedings decided Heard was a credible witness, that additional evidence may have swung a jury,” she said.

Will the US result have consequences for other women who wish to make claims of harassment or abuse against high-profile individuals, anywhere in the world? Freyd said it will. “Others who wish to make claims will see what has happened in this case, and see what has happened to Heard, and think twice. Many will be afraid to talk,” she said.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Putin Celebrates ‘Unprecedentedly High’ Ties with China as Gazprom Seals Power of Siberia-2 Deal
China Unveils New Weapons in Grand Military Parade as Xi Hosts Putin and Kim
Rapper Cardi B Cleared of Liability in Los Angeles Civil Assault Trial
Google Avoids Break-Up in U.S. Antitrust Case as Stocks Rise
Couple celebrates 80th wedding anniversary at assisted living facility in Lancaster
Information Warfare in the Age of AI: How Language Models Become Targets and Tools
The White House on LinkedIn Has Changed Their Profile Picture to Donald Trump
"Insulted the Prophet Muhammad": Woman Burned Alive by Angry Mob in Niger State, Nigeria
Trump Responds to Death Rumors – Announces 'Missile City'
Druzhba Pipeline Incident Sparks Geopolitical Tensions
Cost of Opposition Leader Péter Magyar's Economic Plan Revealed
Germany in Turmoil: Ukrainian Teenage Girl Pushed to Death by Illegal Iraqi Migrant
United Krack down on human rights: Graham Linehan Arrested at Heathrow Over Three X Posts, Hospitalised, Released on Bail with Posting Ban
Asian and Middle Eastern Investors Avoid US Markets
Ray Dalio Warns of US Shift to Autocracy
Eurozone Inflation Rises to 2.1% in August
Russia and China Sign New Gas Pipeline Deal
Von der Leyen's Plane Hit by Suspected Russian GPS Interference in an Incident Believed to Be Caused by Russia or by Pro-Peace or by Anti-Corruption European Activists
China's Robotics Industry Fuels Export Surge
Suntory Chairman Resigns After Police Probe
Gold Price Hits New All-Time Record
UK Fintechs Explore Buying US Banks
Greece Suspends 5% of Schools as Birth Rate Drops
Apollo to Launch $5 Billion Sports Investment Vehicle
Bolsonaro Trial Nears Close Amid US-Brazil Tension
European Banks Push for Lower Cross-Border Barriers
Poland's Offshore Wind Sector Attracts Investors
Budapest Central European Fashion Week Kicks Off
U.S. Celebrates Labor Day
Hungarian National Team Captain Scores Epic Goal
EU is getting aggressive: Four AfD Candidates Die Unexpectedly Ahead of North Rhine-Westphalia Local Elections
Japanese Customer Sways from VW to BYD after “Unbelievable” Test Drive amid Dealership Expansion
Nestlé Removes CEO Laurent Freixe Following Undisclosed Relationship with Subordinate
Pickles are the latest craze among Generation Z in the United States.
Giuliani Seriously Injured in Accident – Trump to Award Him the Presidential Medal of Freedom
Deadline Day Delivers Record £125m Isak Move and Donnarumma to City
Nvidia Reveals: Two Mystery Customers Account for About 40% of Revenue
Woody Allen: "I Would Be Happy to Direct Trump Again in a Film"
Lula and Putin Hold Strategic BRICS Discussions Ahead of Trump–Putin Summit
White House Eyes Budapest for Peace Talks
Cave Diving Beneath the Streets of Budapest
Another American Restaurant Chain Opens in Budapest
Hungarian Opposition Politician Supports Ukrainian Commander
Opposition Leader Threatens Media Outlets
American Airlines Adds New Flights to Budapest
F1 Hungarian Grand Prix Wraps Up
WhatsApp is rolling out a feature that looks a lot like Telegram.
U.S. Trade Representative says Washington still negotiating trade deals after court rules tariffs illegal
Von der Leyen says Europe drawing up 'precise' plans to send troops to Ukraine
Kremlin accuses Europe of hindering Trump’s peace efforts in Ukraine
×