Depp v News Group Newspapers Ltd
Depp v News Group Newspapers Ltd [2020] EWHC 2911 (QB) was a defamation lawsuit brought in England. The case was initiated by American actor Johnny Depp, who sued News Group Newspapers (NGN) and then-executive editor[a] Dan Wootton for libel after The Sun ran an article[b] that claimed Depp had abused his ex-wife and criticised his casting in the Fantastic Beasts film series. The article stated, "Overwhelming evidence was filed to show Johnny Depp engaged in domestic violence against his wife Amber Heard," who "recounted a detailed history of domestic abuse incidents, some of which had led to her fearing for her life." After a three-week trial in London in July 2020, Andrew Nicol, a High Court judge sitting without a jury, rejected Depp's claim in a verdict announced later that year, ruling that the published material was "substantially true".[2]
Depp v News Group Newspapers Ltd
John Christopher Depp II v (1) News Group Newspapers Ltd, and (2) Dan Wootton
2 November 2020
EWHC 2911 (QB)
- [2019] EWHC 1113 (QB)
- [2020] EWHC 505 (QB)
- [2020] EWHC 1237 (QB)
- [2020] EWHC 1689 (QB)
- [2020] EWHC 1734 (QB)
In May 2016, Heard filed for divorce and for a temporary restraining order against Depp. In April 2018, The Sun, published by NGN, ran an article online originally titled "GONE POTTY How Can J K Rowling be 'genuinely happy' casting wife beater Johnny Depp in the new Fantastic Beasts film?", written by Dan Wootton, an executive editor at the paper.[3] Depp sued Wootton and NGN for libel, stating that he wanted to clear his name and alleging that Heard had not only lied about the abuse but had in fact abused him. In their defence, NGN and Wootton alleged fourteen incidents of domestic abuse committed by Depp. During the highly publicised trial, both Heard and Depp testified in person.
In November 2020, the court published its judgement, rejecting Depp's claim against The Sun and ruling that he had assaulted Heard in 12 of the 14 alleged incidents and had put her in fear of her life.[4][5][6][7] Depp's request to appeal the verdict was rejected as two Lord Justices of the Court of Appeal concluded that "it is clear from a reading of the judgment as a whole that the judge based his conclusions on each of the incidents on his extremely detailed review of the evidence specific to each incident" and therefore that the appeal had "no real prospect of success."[8][9] Following the initial ruling, Depp stepped down from his role in the Fantastic Beasts series. The case was seen as damaging to the reputations and careers of both Depp and Heard.[10][11][12]
Reactions to the verdict[edit]
Statements by Depp, NGN, Heard and Wootton[edit]
Following 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." Heard's lawyer, Elaine Charlson Bredehof, who represented 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."[2]
Schillings LLP, who represented Depp in the case, gave the following public statement: "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."[124] Four days after the verdict, Depp stepped down from his role as Gellert Grindelwald in the Fantastic Beasts film series at the request of Warner Bros., its production company. He was subsequently replaced with Mads Mikkelsen.[125][126]
Dan Wootton later apologized to both Depp and Heard for having gotten involved in the "carnival of commentary" surrounding the breakdown of their relationship. Among other things, he stated that he was "sorry to both Johnny and Amber for contributing to their heartache" and expressed regret for having interfered in their affairs. Wootton's apology came after he himself faced allegations—for which he was later cleared—that he had been using a pseudonym and money to solicit sexual images from his colleagues.[127][128]
Domestic violence activists and legal experts[edit]
Several UK-based domestic violence charities and legal experts gave statements that found the verdict to be a positive outcome for victims of domestic violence and for free speech.[7][129] Lisa King of 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. ... 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".[2] Harriet Wistrich, the founder of the Centre for Women's Justice, stated that "So many women who have tried to speak out or share their experiences are being threatened with libel actions. This is a really helpful judgment and will serve as a warning to men who think they can silence those who speak out about their abuse." Sarah Harding, a partner specialising in family law at Hodge Jones & Allen, said: "It is hoped that this case will encourage other victims of domestic violence to come forward and seek the protection that they need. In addition to the Me Too movement and the domestic abuse bill ... this case will highlight that the courts do listen, regardless of wealth or stature." Caroline Kean, a partner at the London law firm Wiggin LLP, called the verdict "a heartening and just decision which serves as a reminder that British libel laws are not there to curtail free speech and the media's right to publish on stories of global interest."[129]
Commentators also stated that Heard had been mistreated by the media for not being regarded as the "perfect victim".[130] Helena Kennedy QC stated that "Battered women have to [seem] meek and subservient to have our sympathy. I have represented women who have put up with this but when they do resist they somehow [are deemed to] lose their right to [compassion]. There's no doubt that Amber Heard did ... resist but that does not make her certifiable." She also stated that Heard had been the target of death threats and misogynistic online attacks throughout the hearing. Labour MP Jess Phillips claimed that Heard had been subject to "character assassination" in the media, stating that "abused women are not all one type of perfect picture of victimhood who would incite sympathy from everyone they met."[130] This was echoed by Nicki Norman, acting chief executive at Women's Aid, who said: "The allegations of domestic abuse against Johnny Depp were extremely serious. Everyone who has experienced domestic abuse deserves to be listened to and believed. This also applies to survivors who do not fit the image of the 'perfect' victim – and regardless of the high profile of the alleged abuser. There is no excuse for domestic abuse."[129] Jennifer O'Connell of The Irish Times wrote that "Among those who will suffer as a result of the whole, ugly episode are the victims of domestic abuse who cannot have been encouraged to come forward by the trial or the public reaction to Heard. She may ultimately have been believed by the judge, but in the court of public opinion, she never stood a chance."[131]
Media[edit]
Media deemed the trial to be damaging to both Depp and Heard even prior to its beginning.[131][132][133][134] Following the verdict, PR Agent Mark Borkowski stated that the trial had brought the claims made by Heard to the attention of an even wider audience and that it was "one of the biggest showbiz fails for a long time".[134] PR manager Mark Stephens commented that pursuing the case had been "another example of [Depp's] self-destruction" and that "the way this case was run is a matter of enormous consternation because Amber Heard was tried against all of the tropes that he used against women ... The way in which [Heard] was secondarily abused in the courtroom is an issue which will be studied for years to come."[134] Tatiana Siegel of The Hollywood Reporter stated that the trial was simply "the punctuation" to Depp's "self-made implosion" over the past four years, and that he was now considered a persona non grata in Hollywood.[135]
Online petitions[edit]
Following the verdict, an online petition to bring back Depp in his role as Captain Jack Sparrow 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.[136] Another petition for Depp to return in Fantastic Beasts: The Secrets of Dumbledore received over 150,000 signatures.[137] Ultimately, a petition to remove Heard from the upcoming Aquaman sequel received over 4.5 million signatures.[138] 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".[139][140]