Beautiful Virgin Islands

Monday, Jul 14, 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
Australia Rules Out Pre‑commitment of Troops, Reinforces Defence Posture Amid US‑China Tensions
Martha Wells Says Humanity Still Far from True Artificial Intelligence
Nvidia Becomes World’s First Four‑Trillion‑Dollar Company Amid AI Boom
U.S. Resumes Deportations to Third Countries After Supreme Court Ruling
Excavation Begins at Site of Mass Grave for Children at Former Irish Institution
Iranian President Reportedly Injured During Israeli Strike on Secret Facility
EU Delays Retaliatory Tariffs Amid New U.S. Threats on Imports
Trump Defends Attorney General Pam Bondi Amid Epstein Memo Backlash
Renault Shares Drop as CEO Luca de Meo Announces Departure Amid Reports of Move to Kering
Senior Aides for King Charles and Prince Harry Hold Secret Peace Summit
Anti‑Semitism ‘Normalised’ in Middle‑Class Britain, Says Commission Co‑Chair
King Charles Meets David Beckham at Chelsea Flower Show
If the Department is Really About Justice: Ghislaine Maxwell Should Be Freed Now
NYC Candidate Zohran Mamdani’s ‘Antifada’ Remarks Spark National Debate on Political Language and Economic Policy
President Trump Visits Flood-Ravaged Texas, Praises Community Strength and First Responders
From Mystery to Meltdown, Crisis Within the Trump Administration: Epstein Files Ignite A Deepening Rift at the Highest Levels of Government Reveals Chaos, Leaks, and Growing MAGA Backlash
Trump Slams Putin Over War Death Toll, Teases Major Russia Announcement
Reparations argument crushed
Rainmaker CEO Says Cloud Seeding Paused Before Deadly Texas Floods
A 92-year-old woman, who felt she doesn't belong in a nursing home, escaped the death-camp by climbing a gate nearly 8 ft tall
French Journalist Acquitted in Controversial Case Involving Brigitte Macron
Elon Musk’s xAI Targets $200 Billion Valuation in New Fundraising Round
Kraft Heinz Considers Splitting Off Grocery Division Amid Strategic Review
Trump Proposes Supplying Arms to Ukraine Through NATO Allies
EU Proposes New Tax on Large Companies to Boost Budget
Trump Imposes 35% Tariffs on Canadian Imports Amid Trade Tensions
Junior Doctors in the UK Prepare for Five-Day Strike Over Pay Disputes
US Opens First Rare Earth Mine in Over 70 Years in Wyoming
Kurdistan Workers Party Takes Symbolic Step Towards Peace in Northern Iraq
Bitcoin Reaches New Milestone of $116,000
Biden’s Doctor Pleads the Fifth to Avoid Self-Incrimination on President’s Medical Fitness
Grok Chatbot Faces International Backlash for Antisemitic Content
Severe Heatwave Claims 2,300 Lives Across Europe
NVIDIA Achieves Historic Milestone as First Company Valued at $4 Trillion
Declining Beer Consumption Signals Cultural Shift in Germany
Linda Yaccarino Steps Down as CEO of X After Two Years
US Imposes New Tariffs on Brazilian Exports Amid Political Tensions
Azerbaijan and Armenia are on the brink of a historic peace deal.
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Weinstein Victim’s Lawyer Says MeToo Movement Still Strong
U.S. Enacts Sweeping Tax and Spending Legislation Amid Trade Policy Shifts
Football Mourns as Diogo Jota and Brother André Silva Laid to Rest in Portugal
Labour Expected to Withdraw Support for Special Needs Funding Model
Leaked Audio Reveals Tory Aide Defending DEI Record
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
London Stock Exchange Faces Historic Low in Initial Public Offerings
A new online platform has emerged in the United Kingdom, specifically targeting Muslim men seeking virgin brides
Trump Celebrates Independence Day with B-2 Flyover and Signs Controversial Legislation
×