London Daily

Focus on the big picture.
Saturday, Aug 15, 2026

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

0:00
0:00
Close
UK and Finland Discuss European Defence and Continued Support for Ukraine
Nigel Farage Wins Clacton By-Election to Return to the House of Commons
UK Government Deploys Military to Help Fight Wildfires and Bans Disposable Barbecues
UK Records Hottest Day of the Year as Fifth Summer Heatwave Peaks in Southern England
UK Condemns Houthi Actions and Warns of Red Sea Threat to Global Trade
UK and Solomon Islands Open Wildlife Photography Exhibition in Honiara
UK Small Businesses Face Continued Cash Flow and Tax Pressures
Greatham Marsh Restoration Restores Tidal Wetland in Hartlepool After More Than 200 Years
UK Health Regulator Urges University Students to Check Meningitis and Measles Vaccination Status
Mining Remediation Authority Completes Major Ground Stabilization Works in Scottish Community
UK Food Crime Investigators Seize 33 Tonnes of Illegal Food in Multi-Agency Operation
Technical Qualification Uptake Hits Record High as Advanced Mathematics Results Improve
UK Summer Temperatures on Course to Challenge Long-Standing Records, Met Office Says
UK Farmers Bring Forward Cereal Harvests as Drought Threatens Yields
Wildfires Surge Across England and Wales as Fire Chiefs Report Record July
UK Nurses Warn of Heat Risks as Hospital Staff Struggle With Extreme Temperatures
Southern Water Seeks Drought Order for Hampshire and Isle of Wight Amid Water Shortages
UK Heatwave Pushes West London Temperature to 38.1 Degrees as Health Alerts Continue
UK Economy Grows 0.4% in Second Quarter Despite Global Uncertainty
China’s Kimi Launches AI-Focused Credit Card With Agricultural Bank of China and American Express
UK Residents Gather to Watch Rare Partial Solar Eclipse
Reform UK Deputy Leader Richard Tice Faces Criticism Over Legal Threat Against Guardian Journalist
Michael Forsyth Elected Speaker of the House of Lords
Cambridge Researchers Launch £20 Million Human Organoid Drug Testing Programme
Heathrow Loses European Passenger Traffic Lead to Istanbul Airport
Households Near New UK Electricity Pylons to Receive £250 Annual Energy Bill Discount
UK Government Estimates Zero-Hours Contract Ban Could Cost Employers Up to £3 Billion a Year
Robert Jenrick Leaves Conservatives for Reform UK in Major Parliamentary Defection
UK Police Chiefs Urge Government to Block Early Release of Andrew Harper Killers
UK Government Holds Emergency Cobra Meeting as Drought and Heatwave Raise Wildfire Risks
Former Labour Adviser Arrested on Suspicion of Spying for China Held Privileged Access as Top Party Donor
Turkish Parliament Passes Landmark Bill Granting Conditional Amnesty to Disarmed PKK Members
Donald Trump Warns FIFA Against Ousting Gianni Infantino Amid Revolt by Global Football Leaders
Jeff Bezos Joins Investor Group Closing In on $6 Billion Liverpool FC Stake
Police Conduct Cross-Border Raids Against Northern England Drug Network
Nicola Sturgeon Protested at Edinburgh Festival Fringe Event
Major UK Retail Chain Enters Administration With One Hundred Fifty-Four Stores Set to Close
Heathrow Renews Call for Runway Expansion After Losing Europe’s Busiest Airport Ranking
Government Condemns One Million Pound Thames Water Executive Bonus Amid Drought
NHS England Says More Than One Hundred Thousand Hepatitis C Patients Have Been Cured
UK Foreign Secretary Ed Miliband Calls for End to West Bank Settler Violence
UK Prepares for Deepest Partial Solar Eclipse Since Nineteen Ninety-Nine
UK Heatwave Triggers Amber Health Alerts as Economic Losses Reach Four Point Four Billion Pounds
UK Offers Electricity Bill Discounts to Communities Hosting New Power Infrastructure
Bank of England Expected to Hold Interest Rates at Three Point Seven Five Percent
UK Government Moves to Ban Subscription Traps and Misleading Retail Discounts
Andy Burnham Gives Councils New Powers to Block Betting and Vape Shops
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Nicola Sturgeon Says She Has No Contact With Estranged Husband After SNP Embezzlement Case
Police Arrest Two Men After Aberdeenshire Defense Technology Office Break-In
×