After a High Court judge dismissed Johnny Depp’s libel case against The Sun newspaper on Monday 2 November, it did not take long for the Hollywood actor’s legal team to criticise the decision.
Jenny Afia – of Schillings law firm – labelled the decision “perverse” and “bewildering”, accused the judge of disregarding “the mountain of counter-evidence” and claimed that for Mr Depp to not appeal the decision would be “ridiculous”.
Sure enough, an appeal was soon filed – although there is no guarantee of success.
The 57-year old Hollywood actor had contested claims made in an article published in the Sun in 2018.
The column, penned by the paper’s Executive Editor, Dan Wootton, carried the headline “Gone Potty: How can JK Rowling be ‘genuinely happy’ casting wife beater Johnny Depp in the new Fantastic Beasts film?”
Depp’s case – focusing particularly on the phrase “wife-beater” – saw him sue both Wootton and publisher News Group Newspapers.
After 16 weeks of a testimony from Depp, his ex-wife Amber Heard and everyone in between – which included 20 hours in the witness box for Depp himself – it all came to nothing.
But whilst the three-time Oscar nominee reels, there are some key points to take away from a landmark ruling for Depp, the press and the public.
A financial and reputational blow for Depp
Firstly, as the losing party, Depp will have to bear the brunt of the financial costs from this affair.
Whilst it will almost certainly total a fee north of £1 million, some have speculated that he could be charged up to £4 million in legal fees.
Only a successful appeal will prevent him having to pay these hefty costs.
However, the main damage for the Pirates of the Caribbean star will be that dealt on his reputation.
Even if his appeal is successful, the mere claim that he is a wife-beater – bolstered by Ms Heard’s testament in court – may be enough to deter businesses such as Dior from employing Depp’s services in future.
A spokesperson for JK Rowling said that she would not be commenting on Depp’s involvement as Gellert Grindelwald in the next instalment of Fantastic Beasts.
The film has begun the early stages of filming, but the Warner Bros studio is also yet to indicate whether Depp will remain involved.
Whilst this is all up in the air, on the surface this entire affair appears to have backfired catastrophically for Depp, and possibly for his career.
A landmark win for the press
This case is big news for the press, and for press freedom. These kind of cases are rarely seen since the Defamation Act was passed in 2013.
Crucially for the media, this case hinged solely on whether The Sun was telling the truth based on the balance of probabilities (which is the determining factor in civil cases).
To establish substantial truth, Heard was called to testify about 14 incidents where she was domestically abused.
Heard, who was married to Depp from 2015-17, described verbal and physical abuse which included “extremely controlling and intimidating behaviour”, according to reports by the BBC.
Incidents included slapping, kicking and head-butting, she claimed, which at times left her fearing for her life.
Despite acknowledging that she “lost her cool” at times, Mr Justice Nicol found that 12 of Heard’s 14 claims of abuse were “substantially true” and “proved to the civil standard.”
Although unable to prove all of the claims, the judge ruled that this should not hinder the Sun’s rights to publish the story.
This is significant and sets a legal precedent in how libel laws can be applied in this country.
It enshrines the media’s right to freedom of expression and to publish stories of global interest, provided that the evidence is there to prove it.
It also shows celebrities who may have similar stories published in future that there is nowhere to hide.
It is not over yet, but the spotlight is shined on domestic abuse
For anyone who has enjoyed this long-winded and catty affair, you may get to see the same show played out all over again in the near future.
An opinion piece in the Washington Post, written by Heard, prompted Depp to bring a $50 million (£39m) defamation case against her.
The hearing which will be held in the United States next year.
But this is also a noteworthy message of support for Heard, and for others who have suffered domestic abuse around the world.
Mr Justice Nicol explicitly rejected the notion put forward by Depp’s lawyers that Heard was a “gold-digger” – instead siding with Heard’s account as being more credible.
Speaking to the Guardian, Lisa King – director of communications and external relations as the 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.
“We stand in solidarity with Amber Heard, who has shown immense bravery in speaking up and speaking out.”
This is a message that stands strong, and one that should always stand strong.
By Callum Parke
Feature image: WGN tv