Depp v Heard: Who won the trial?

While Johnny Depp’s defamation case against Amber Heard was one of the most publicized trials in modern memory, amid the release of a new Netflix documentary, viewers have been asking: what was the outcome of the trial and who won?

Last year, the world tuned in to watch the so-called “Trial by TikTok”, as cameras filmed the arduous legal battle between Johnny Depp and Amber Heard. Amid their public divorce in 2016, Heard claimed Depp was an abuser, while the former argued to be the real victim of domestic violence.

Following a UK trial against The Sun newspaper for the accusation that Depp was a “wife beater”, the Pirates of the Caribbean star took his ex-wife to court with a lawsuit in which he sought $50 million in damages for allegations she made in a 2018 op-ed for The Washington Post. In response, Heard countersued Depp for $100 million.

A new documentary series titled Depp v Heard dropped on Netflix this week – more than a year after the messy case unfolded – showing both testimonies side-by-side for the first time while also examining the social media frenzy surrounding the trial. With so much information to take in, a simple question has arisen: who won the trial? 

Who won the Depp v Heard trial?

While there are no winners in this debacle, the outcome of the trial was ultimately a legal victory for Johnny Depp. Although both Depp and Amber Heard were found liable for defamation, the jury awarded Depp $15 million in damages and just $2 million to Heard. 

The trial focused on both sides presenting evidence for or against defamation claims made by Heard and Depp, relating to statements published in both The Washington Post and the Daily Mail. 

We’ve broken down the basis of both Depp and Heard’s claims, as well as the jury’s ‘yes or no’ verdicts for each one. First up is Depp’s claims, which relate to statements made in Heard’s 2018 op-ed in The Washington Post.

Quote 1: “I spoke up against sexual violence – and faced our culture’s wrath. That has to change.”

• Do you find that Depp has proven all the elements of defamation? Verdict: yes
• Has Depp proven that the statement was made by Heard? Verdict: yes
• Has Depp proven the statement was about Depp? Verdict: yes
• Has Depp proven the statement was false? Verdict: yes
• Has Depp proven the statement has a defamatory implication about Depp? Verdict: yes
• Has Depp proven the defamatory implication was designed and intended by Heard? Verdict: yes
• Has Depp proven that due to circumstances surrounding publication of this statement, it conveyed a defamatory implication to someone who saw it other than Depp? Verdict: yes
• Has Depp proven by clear and convincing evidence that Heard acted with actual malice? Verdict: yes

Netflix

Quote 2: “Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath for women who speak out.”

• Do you find that Depp has proven all the elements of defamation? Verdict: yes
• Has Depp proven that the statement was made by Heard? Verdict: yes
• Has Depp proven the statement was about Depp? Verdict: yes
• Has Depp proven the statement was false? Verdict: yes
• Has Depp proven the statement has a defamatory implication about Depp? Verdict: yes
• Has Depp proven the defamatory implication was designed and intended by Heard? Verdict: yes
• Has Depp proven that due to circumstances surrounding publication of this statement, it conveyed a defamatory implication to someone who saw it other than Depp? Verdict: yes
• Has Depp proven by clear and convincing evidence that Heard acted with actual malice? Verdict: yes

Quote 3: “I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse.”

• Do you find that Depp has proven all the elements of defamation? Verdict: yes
• Has Depp proven that the statement was made by Heard? Verdict: yes
• Has Depp proven the statement was about Depp? Verdict: yes
• Has Depp proven the statement was false? Verdict: yes
• Has Depp proven the statement has a defamatory implication about Depp? Verdict: yes
• Has Depp proven the defamatory implication was designed and intended by Heard? Verdict: yes
• Has Depp proven that due to circumstances surrounding publication of this statement, it conveyed a defamatory implication to someone who saw it other than Depp? Verdict: yes
• Has Depp proven by clear and convincing evidence that Heard acted with actual malice? Verdict: yes

Netflix

Now we will look at the outcome of Heard’s claims, relating to a number of 2020 Daily Mail articles, which include quotes from Depp’s attorney Adam Waldman. During the trial, she argued that he made a number of defamatory statements on behalf of Depp – here are the jury’s verdicts on her claims: 

Quote 1: “Amber Heard and her friends in the media use fake sexual violence allegations as both a sword and shield, depending on their needs. They have selected some of her sexual violence hoax ‘facts’ as the sword, inflicting them on the public and Mr. Depp.”

• Do you find that Heard has proven all the elements of defamation? Verdict: no

Quote 2: “Quite simply this was an ambush, a hoax. They set Mr Depp up by calling the cops but the first attempt didn’t do the trick. The officers came to the penthouses, thoroughly searched and interviewed, and left after seeing no damage to face or property. So Amber and her friends spilled a little wine and roughed the place up, got their stories straight under the direction of a lawyer and publicist, and then placed a second call to 911.”

• Do you find that Heard has proven all the elements of defamation? Verdict: yes
• Has Heard proven that Waldman, while acting as an agent for Depp, made the statement? Verdict: yes
• Has Heard proven the statement was about Heard? Verdict: yes
• Has Heard proven the statement was seen by someone other than Heard? Verdict: Yes
• Has Heard proven the statement was false? Verdict: yes
• Has Heard proven by clear and convincing evidence that the statement by Waldman was made with actual malice? Verdict: yes

Quote 3: “We’ve reached the beginning of the end of Ms Heard’s abuse hoax against Johnny Depp.”

• Do you find that Heard has proven all the elements of defamation? Verdict: no

Following these verdicts, Depp was awarded $10 million in compensatory damages and $5 million in punitive damages, while Heard received $2 million in compensatory damages and no punitive damages. The judge later capped Depp’s punitive damages reward, bringing the total from $15 million to $10.35 million.

Alongside the judicial outcome, an overwhelming majority of spectators sided with Depp in the case. At the height of the trial, the hashtag #JusticeForJohnnyDepp had approximately 20 billion views, while #JusticeForAmberHeard had just 77.5 million views, with some hailing Depp the winner in the court of public opinion. 

Depp v Heard is available to stream on Netflix now. You can read about the most shocking moments in the documentary here, and find out where Johnny Depp and Amber Heard are now here.