Beautiful Virgin Islands

Tuesday, Jun 03, 2025

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.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Harvard Urges US to Unfreeze Funds for Public Health Research
Businessman Mauled by Lion at Luxury Namibian Lodge
Researchers Consider New Destinations Beyond the U.S.
53-Year-Old Doctor Claims Biological Age of 23
Trump Struggles to Secure Trade Deals With China and Europe
Russia to Return 6,000 Corpses Under Ukraine Prisoner Swap Deal
Microsoft Lays Off Hundreds More Amid Restructuring
Harvey Weinstein’s Publicist Embraces Notoriety
Macron and Meloni Seek Unity Despite Tensions
Trump Administration Accused of Obstructing Deportation Cases
Newark Mayor Sues Over Arrest at Immigration Facility
Center-Left Candidate Projected to Win South Korean Presidency
Trump’s Tariffs Predicted to Stall Global Economic Growth
South Korea’s President-Elect Expected to Take Softer Line on Trump and North Korea
Trump’s China Strategy Remains a Geopolitical Puzzle
Ukraine Executes Long-Range Drone Strikes on Russian Airbases
Conservative Karol Nawrocki wins Poland’s presidential election
Study Identifies Potential Radicalization Risk Among Over One Million Muslims in Germany
Good news: Annalena Baerbock Elected President of the UN General Assembly
Apple Appeals EU Law Over User Data Sharing Requirements
South Africa: "First Black Bank" Collapses after Being Looted by Owners
Poland will now withdraw from the EU migration pact after pro-Trump nationalist wins Election
"That's Disgusting, Don’t Say It Again": The Trump Joke That Made the President Boil
Trump Cancels NASA Nominee Over Democratic Donations
Paris Saint-Germain's Greatest Triumph Is Football’s Lowest Point
OnlyFans for Sale: From Lockdown Lifeline to Eight-Billion-Dollar Empire
Mayor’s Security Officer Implicated | Shocking New Details Emerge in NYC Kidnapping Case
Hegseth Warns of Potential Chinese Military Action Against Taiwan
OPEC+ Agrees to Increase Oil Output for Third Consecutive Month
Jamie Dimon Warns U.S. Bond Market Faces Pressure from Rising Debt
Turkey Detains Istanbul Officials Amid Anti-Corruption Crackdown
Taylor Swift Gains Ownership of Her First Six Albums
Bangkok Ranked World's Top City for Remote Work in 2025
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
×