Murky waters: Depp vs Heard, one year on

Trial highlights the vitality of nuance

KARACHI:

In a highly contentious defamation Virginia trial, actors Johnny Depp and Amber Heard faced off to receive a mixed verdict. The jury found that Depp was defamed in a 2018 op-ed by Heard. They also determined that one of the statements made by one of Depp's lawyers was defamatory towards Heard.

Depp was awarded a total of $15 million, which encompassed $5 million in punitive damages. Under Virginia law, the damages were capped at $350,000. Additionally, they awarded Heard $2 million in damages.

Social media trial

The Depp-Heard case sparked a peculiar phenomenon, with overwhelming support for Depp and a widespread belief that Heard is a liar. Social media platforms like Reddit, Twitter, and TikTok were flooded with posts declaring support for Depp with pro-Depp hashtags, which have garnered billions of views.

Depp's comeback at Cannes 2023 with Jeanne du Barry, where he was welcomed with a standing ovation, was widely reported as a win. Heard, who attended the 69th Taormina Film Festival in Italy a year after the trial for the premiere of her film, In the Fire, faced backlash.

While the trial was ongoing, the actors had their own positions within toxic internet subgroups. Their personal controversies fueled the fervour. Additionally, there was evidence suggesting that Depp's team had strategically used social media bots to amplify support for him. Conservative outlets also capitalised on the story, promoting content biased against Heard.

Supporters argued that Depp identifying as a victim challenged the stigma surrounding male abuse. Men's rights activists embraced him as a hero, using his trial to fuel narratives of men under attack, and dismissing the credibility of women's suffering. The ambiguity surrounding the case offered cover for backlash against the #MeToo movement. Individuals who believed the movement went too far saw siding with Depp as a way to oppose it while claiming support for male abuse victims. Depp's status as an A-list celebrity set him apart from other prominent accused figures, creating emotional investment in his innocence.

Larger conversations surrounding this trial exposed society's struggle to handle ambiguities. Instead of accepting that this may be a story without clear heroes, there was a demand for a neatly packaged narrative. The preference for a beloved, charismatic, powerful white man to triumph further complicated the discourse.

The pursuit of a victim

The case sparked a troubling narrative that demanded one clear victim, overshadowing the complexities of the involved dynamic. While evidence indicated there was abuse of varying kinds from both parties, the power differential favoured Depp. He was older, had more social capital, and was largely loved by audiences due to pivotal roles.

Heard, by comparison, was a younger woman with a comparatively thinner resume. However, in the public discourse, Heard alone was vilified and ridiculed, portrayed as a deceitful white woman motivated by greed and fame. Meanwhile, Depp, despite losing his case in the UK, was cast as the victim of feminism and the #MeToo movement.

The current landscape surrounding allegations of abuse and misconduct has left little room for a middle ground. Men facing accusations may experience online backlash, and potential loss of brand deals or film opportunities, but ultimately find their way back into the public's and brands' good graces. On the other hand, victims who choose not to follow the path taken by individuals like Depp, often find themselves unsupported and overlooked in their quest for justice.

Terry Crews, known for his acting career and previous NFL stardom, revealed that he had been a victim of sexual assault by a "high-level Hollywood executive." However, he chose not to retaliate or speak out about the incident due to fears of being ostracised or facing legal repercussions. In light of the Weinstein scandal, Crews felt compelled to share his story.

Brendan Fraser, in a similar vein, spoke out about the impact of going public with his own alleged sexual assault on his career. The actor, who recently made his comeback in The Whale, had previously accused Philip Berk, the former president of the Hollywood Foreign Press Association, of groping him at a luncheon in 2003. Although Berk denied the allegations, labelling Fraser's account as a fabrication, no charges were brought against him. The Hollywood Foreign Press Association did issue an apology to Fraser. In a recent interview, Fraser acknowledged the detrimental effect the assault claims had on his career, pointing to a system that operates on power dynamics and his adherence to its rules until that point.

What's interesting about these cases is the fact that the perpetrators are either men or unnamed individuals on whom gender cannot be pinned. This makes these cases "less interesting" for the news. Online publications, TikTok accounts, and Reddit threads do not have a woman to solely place blame on, thereby making these cases seemingly less viable for discussion in the public eye.

This disparity raises important questions about how we should handle allegations of abuse. Should defamation trials and media access to sensitive cases be phased out? And if so, what alternative measures can be implemented to ensure justice, accountability and tactful reporting? Moreover, how do we navigate the complexities of discerning truth in a digital landscape?

Depp vs Heard: what happened

The legal battle between the actors revolved around domestic abuse and defamation allegations. It began when Heard published an op-ed in the Washington Post in 2018, describing herself as a public figure representing domestic abuse. Though she never mentioned Depp by name, the actor and his lawyers argued that Heard implied he was the abuser in their marriage.

In May 2016, Heard publicly accused Depp of domestic violence and obtained a temporary restraining order. Depp's lawyer denied the allegations, suggesting they were aimed at securing a better financial settlement. Despite reaching an out-of-court divorce settlement in August 2016, where both parties issued a joint statement denying false accusations, controversy persisted.

Heard announced that she would donate her $7 million divorce settlement to charity, seemingly supporting her claim that she wasn't motivated by money. However, tabloids like TMZ sided with Depp, labelling Heard a liar. In December 2018, Heard wrote the op-ed while ambassador for women's rights for the ACLU. Depp filed a defamation lawsuit against Heard seeking $50 million in damages in March 2019. In turn, Heard countersued for $100 million in January 2021. The recent trial marked Depp's lawsuit against Heard, while Heard's countersuit is expected to proceed later this year in Virginia.

The UK trial

In 2018, Depp filed a libel lawsuit against the executive editor and publisher of British tabloid, The Sun, over an article that referred to him as a "wife beater." The case was brought to the British courts, known for being more favourable to plaintiffs. During the 2020 London trial, The Sun had the burden of proving the truth of their statement about Depp.

Despite unfavourable odds, the newspaper presented evidence, including testimony from Heard detailing 14 instances of alleged abuse by Depp. The judge accepted that Depp had put Heard in fear for her life. Consequently, Depp was asked to resign from the Fantastic Beasts franchise. It's important to note that Depp's lawsuit was against The Sun and not Heard, so the verdict, in that case, did not affect Depp's ongoing suit against Heard.

Mutual abuse or power dynamic?

During the UK trial, Heard provided witness testimony, along with contemporaneous text messages, emails, diary entries, and photographs of her bruises. The evidence pointed to a pattern of abuse, often occurring when Depp was under the influence of drugs or alcohol. For Heard to have fabricated this evidence, she would have had to meticulously plan to tarnish Depp's reputation - an allegation he has made.

Some notable incidents include a violent outburst by Depp in June 2013, where witnesses confirmed his anger and destructive behaviour. Text messages between Depp and actor Paul Bettany were discovered, in which they discussed burning Heard as a witch. In March 2015, Depp and Heard were in Australia, where she claimed he assaulted her repeatedly during a three-day period. Heard's sister and a friend testified to witnessing her injuries, and text messages among Depp's staff suggested an attempt to conceal how he injured his finger. In his judgment, UK Judge Andrew Nicol acknowledged the evidence and concluded that Heard was a victim of sustained and multiple assaults by Depp.

However, there was also evidence suggesting that Heard behaved violently towards Depp during their relationship. Depp released audio recordings of conversations with Heard where she admitted to hitting him. In one recording, she apologised for not hitting him across the face but insisted that he was not punched.

Depp's legal team emphasised the difference between his reported history and Heard's, noting that he had never been accused of the level of violence described by Heard. However, Heard has faced minor accusations of violence, such as an argument with her former girlfriend in 2009 and an incident where she spat in her former assistant's face. Another aspect brought up by Depp's team was Heard's failure to donate her full divorce settlement to charity as promised. The ACLU, the intended recipient, confirmed that Heard donated less than the promised amount, raising questions about her motives.

Ultimately, criminal and digital courts may not be able to definitively resolve these competing claims beyond a shadow of a doubt. However, the UK court's verdict favoured Heard as the victim and Depp as the perpetrator. Thus, it is crucial to approach such cases with greater nuance and consideration for the multifaceted nature of abuse allegations.

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