Depp v News Group Newspapers Ltd

Depp v News Group Newspapers Ltd [2020] EWHC 2911 (QB) was a defamation trial in England, initiated when actor Johnny Depp sued News Group Newspapers and executive editor Dan Wootton. Depp is also suing Amber Heard, his former wife and the principal defence witness, in a separate case in the United States.[1] The action related to a 2018 article in The Sun newspaper describing Depp as a "wife-beater".[2][3]

Depp v News Group Newspapers Ltd
Royal Courts of Justice
CourtHigh Court
Full case nameJohn Christopher Depp II v (1) News Group Newspapers Ltd, and (2) Dan Wootton
Decided2 November 2020
Citation(s)EWHC 2911 (QB)
Transcript(s)BAILII
Case history
Prior action(s)[2019] EWHC 1113 (QB)
[2020] EWHC 505 (QB)
[2020] EWHC 1237 (QB)
[2020] EWHC 1689 (QB)
[2020] EWHC 1734 (QB)
(All interlocutory)
Court membership
Judge sittingMr Justice Nicol
Keywords
Johnny Depp (left) sued News Group Newspapers after The Sun ran an article, which described him as a "wife-beater" due to allegations labeled by his former wife Amber Heard (right).

Verdict

News Group relied on a legal defence of truth, with the civil burden of proof on it to show that the claim was substantially accurate on the balance of probabilities. On 2 November 2020, the court ruled in favour of News Group.[4][5] Mr Justice Nicol found that assaults were proven to the civil standard in 12 of the 14 incidents reported by Heard,[6] and this with the overarching considerations was sufficient to show that The Sun's article was substantially accurate on the balance of probabilities.[7]

Appeal

Depp plans to appeal the verdict, with a representative of his law firm saying, "Most troubling is the judge's reliance on the testimony of Amber Heard, and corresponding disregard of the mountain of counter-evidence from police officers, medical practitioners, her own former assistant, other unchallenged witnesses and an array of documentary evidence which completely undermined the allegations, point by point. All of this was overlooked. The judgment is so flawed that it would be ridiculous for Mr Depp not to appeal this decision."[8] The appeal was denied on 25 November 2020, with the judge arguing it had "no realistic prospect of success", though he did allow Depp’s legal team to appeal directly to the Court of Appeals by 7 December 2020 if they wished to overturn his judgement.[9][10] The appeal was later filed to the Court of Appeals, with Depp’s lawyer claiming he was not given a fair trial and asking for the case to be retried.[11]

Reactions to verdict

Following the publication of the verdict, NGN issued a statement saying: "The Sun has stood up and campaigned for the victims of domestic abuse for over 20 years. Domestic abuse victims must never be silenced, and we thank the judge for his careful consideration and thank Amber Heard for her courage in giving evidence to the court."[7] Heard's lawyer, Elaine Charlson Bredehof, who represents her in the related defamation case in the US, stated that "For those of us present for the London high court trial, this decision and judgment are not a surprise. Very soon, we will be presenting even more voluminous evidence in the US. We are committed to obtaining justice for Amber Heard in the US court and defending Ms Heard’s right to free speech."[7]

Lisa King of domestic violence charity Refuge said, "This is an important ruling and one which we hope sends a very powerful message: every single survivor of domestic abuse should be listened to and should be heard. No survivor should ever have her voice silenced. A common tactic used by perpetrators of domestic abuse is to repeatedly tell victims that no one will believe them and to use power and control to try and silence them. What we have seen today is that power, fame and financial resources cannot be used to silence women. That is a welcome message for survivors of domestic abuse around the world. We stand in solidarity with Amber Heard, who has shown immense bravery in speaking up and speaking out".[7]

Labour MP Jess Phillips said Heard was subject to a "character assassination" in the media. Phillips stated that "abused women are not all one type of perfect picture of victimhood who would incite sympathy from everyone they met."[12]

As a result of this verdict, Depp stepped down from his role as Gellert Grindelwald in the Fantastic Beasts film series at the request of Warner Bros. He was subsequently replaced by Mads Mikkelsen.[13][14]

Role of social media

It has been reported that Heard was subject to anonymous death threats and harassment on social media.[12] In August 2020, Heard filed a lawsuit against Depp claiming that he and his team "orchestrated a false and defamatory smear campaign" against her and that they allegedly "controlled and/or manipulated" social media accounts with the goal of targeting Heard.[15]

Following the verdict, an old petition to bring back Depp to the Pirates of the Caribbean franchise resurfaced, receiving over 300,000 signatures. Jessica Rawden of Cinema Blend stated that the petition was unviable as a new film in the series would be less financially viable even without the controversy surrounding Depp.[16] Another petition for Depp to return in the third Fantastic Beasts film received over 150,000 signatures.[17][18] A petition to remove Heard from the upcoming Aquaman sequel received a million signatures as well.[19] Heard condemned the petition and called it a "paid campaign". In an interview with Entertainment Weekly, she stated: "Paid rumours and paid campaigns on social media don’t dictate [casting decisions] because they have no basis in reality. Only the fans actually made Aquaman and Aquaman 2 happen. I’m excited to get started next year.”[20][21]

References
  1. Coke, Hope (29 July 2020). "Amber Heard speaks tearfully outside court as Depp is mobbed by supporters". Tatler. Retrieved 30 July 2020.
  2. Goddard, Emily (29 July 2020). "Johnny Depp: 'Wife beater' libel trial enters final day as lawyer calls allegation 'career-ending'". The Independent. Retrieved 30 July 2020.
  3. Sarkisian, Jacob (29 July 2020). "The biggest moments from Johnny Depp's libel trial against News Group Newspapers". Insider. Retrieved 30 July 2020.
  4. "Depp loses libel case against The Sun newspaper". BBC News. 2 November 2020. Retrieved 2 November 2020.
  5. Business, Rob Picheta, CNN. "Johnny Depp loses libel case against Britain's Sun newspaper". CNN. Retrieved 6 November 2020.
  6. Davies, Caroline; Bowcott, Owen (2 November 2020). "Johnny Depp trial: how the judge ruled on 14 alleged assaults". The Guardian. Retrieved 3 November 2020.
  7. Bowcott, Owen; Davies, Caroline (2 November 2020). "Johnny Depp loses libel case against Sun over claims he beat ex-wife Amber Heard". The Guardian. Retrieved 2 November 2020.
  8. "Johnny Depp lawyers vow to appeal 'wife beater' libel case decision, branding it 'bewildering'". ITV News. 2 November 2020. Retrieved 2 November 2020.
  9. Grater, Tom (25 November 2020). "Johnny Depp Denied Appeal in "Wife Beater" Libel Case". Deadline Hollywood. Retrieved 6 December 2020.
  10. Weaver, Matthew; agency (25 November 2020). "Judge denies Johnny Depp permission to appeal Sun libel action". The Guardian. Retrieved 6 December 2020.
  11. https://www.theguardian.com/film/2020/dec/24/johnny-depp-did-not-get-fair-trial-lawyers-tell-appeal-court
  12. Bowcott, Owen; Pulver, Andrew (3 November 2020). "Heard lost public sympathy for standing up against Depp assaults, says QC". The Guardian. ISSN 0261-3077. Retrieved 5 November 2020.
  13. Reichert, Corinne. "Johnny Depp leaves Fantastic Beasts films on Warner Bros' request". CNET. Retrieved 6 November 2020.
  14. Staff and agencies (26 November 2020). "Mads Mikkelsen confirmed as Johnny Depp's replacement in Fantastic Beasts 3". The Guardian. Retrieved 6 December 2020.
  15. Todisco, Eric (2 September 2020). "Amber Heard Accuses Ex Johnny Depp of a 'False Smear Campaign' in $100 Million Countersuit". People. Retrieved 5 November 2020.
  16. "The Johnny Depp Pirates Of The Caribbean Petition Is A Bad Idea, But Not For The Reason You Think". CINEMABLEND. 22 November 2020. Retrieved 23 November 2020.
  17. "Fan petition to reinstate Johnny Depp in Fantastic Beasts 3 reaches nearly 150,000 signatures". The Independent. 11 November 2020. Retrieved 23 November 2020.
  18. "Petition to reinstate Johnny Depp in "Fantastic Beasts" surpasses 150,000 signatures". Newsweek. 11 November 2020. Retrieved 23 November 2020.
  19. "Petition To Remove Amber Heard From Aquaman 2 Has Over 1 Million Signatures". ScreenRant. 12 November 2020. Retrieved 23 November 2020.
  20. "Amber Heard condemns 'paid campaign' to remove her from Aquaman sequel". The Independent. 13 November 2020. Retrieved 23 November 2020.
  21. "Amber Heard shoots down rumors, says she'll return for 'Aquaman 2'". EW.com. Retrieved 23 November 2020.
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