What you need to know about the defamation case involving Johnny Depp and Amber Heard

What you need to know about the defamation case involving Johnny Depp and Amber Heard

The case will go to trial on Monday in Fairfax County Circuit Court in Virginia, three years after actor Johnny Depp sued his ex-wife, actress Amber Heard, for defamation over an op-ed she wrote for The Washington Post about being a survivor of domestic abuse.

Both Depp and Heard are expected to appear in court. More than 100 witnesses are expected to testify during the trial, which is expected to last at least six weeks.

Here's all you need to know about the case.

WHAT YOU SHOULD KNOW
How did it all begin?
What is the nature of the case?
What exactly does Depp claim?
What exactly does Heard claim?
Why is the case being heard in Fairfax County?
What occurred in the libel action against Depp in the United Kingdom?
Who will be called to testify?

How did it all begin?
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Depp and Heard met on the set of "The Rum Diary" in 2009; they began dating in early 2012 and married three years later.

Depp's Los Angeles home was the scene of a domestic quarrel in May 2016, but police found there was no evidence of a crime. Heard filed for divorce (claiming irreconcilable differences) and a restraining order a few days later, alleging Depp of domestic violence on multiple occasions. Depp's counsel adamantly rejected all charges of abuse, and she was granted a temporary restraining order.

In court records, Heard claimed that "Johnny has been verbally and physically violent to me" during their relationship, while Depp's side claimed that Heard was "attempting to gain a premature financial resolution by alleging violence."

According to the Associated Press, they finalised their divorce for a reported $7 million just before a hearing on the restraining order was slated to commence in August of that year. "Our relationship was incredibly passionate and at times turbulent, but always connected by love," Heard and Depp said in a joint statement after the restraining order was lifted. For the sake of financial benefit, neither party has manufactured false claims. There was never any intention of harming somebody physically or emotionally."

What is the nature of the case?
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"Amber Heard: I spoke up against sexual abuse — and faced our culture's fury," she wrote in an op-ed for The Washington Post in December 2018. "This needs to change."
"Two years ago, I became a public figure representing domestic abuse, and I felt the full power of our culture's fury for women who speak up," Heard said, urging support for women who come out as victims of violence. I had the unique opportunity to observe in real time how institutions shield men accused of sexual misconduct." She didn't call Depp by his first name.

Depp filed a defamation complaint three months later, claiming that the article harmed his career and deprived him movie roles, as well as "incalculably (and immediately) damaging his reputation as a public figure."

What exactly does Depp claim?
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According to the complaint, Depp's "reputation and career were damaged" after Heard's initial domestic abuse accusation in 2016, but the op-ed "added new damage": four days after it was published, Disney pulled Depp from the lucrative Pirates of the Caribbean franchise.

"The inference in the op-ed that Mr. Depp is a domestic abuser is clearly and plainly incorrect." Ms. Heard was never abused by Mr. Depp. When she made her charges against him in 2016, they were untrue. They were "part of an elaborate ruse designed to generate positive publicity for Ms. Heard and boost her career," according to Depp's lawyers. Heard is also accused of "violently abusing" Depp, according to the report.

According to the complaint, Heard authored the op-ed with "actual malice" (the legal bar that prominent figures must prove in defamation claims), saying that Heard "knew these allegations were false at the time of publication," and that Depp wants his name cleared and punitive damages.

What exactly does Heard claim?
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Heard filed a motion to dismiss the case in April 2019, detailing years of alleged abuse dating back to late 2012, when she claims he first smacked her across the face. She said Depp was addicted to drugs and alcohol at the time, referring to him as "the Monster," and that she never attacked him except in self-defense against her and her sister.

"Throughout much of their relationship, Johnny Depp repeatedly mistreated Amber Heard – both physically and emotionally," Heard's lawyers stated. “Ms. Heard soon found herself in the position of having to petition for divorce. ... Following the media frenzy that ensued, in which Mr. Depp misrepresented the reality for public consumption, Ms. Heard determined to fight for domestic violence victims."

Following the conclusion of the case, Heard countersued Depp for $100 million in August 2020, alleging that Depp defamed her and tried to ruin her by claiming that she committed perjury and that her abuse allegations were a hoax. (Some of the countersuit's claims were dismissed by the judge, but others were allowed to proceed.) Both Depp's claims and Heard's counterclaims will be heard by the jury.)

Why is the case being heard in Fairfax County?
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The Post — which is not a defendant in the claim — is produced at a plant in Springfield, and its internet servers are in Virginia; the print edition also has a large distribution in the state, according to Depp's lawyers in the complaint filed in Fairfax County. (Heard's lawyers claimed that the trial should be held in Los Angeles, where she and Depp both reside.)

Last month, Depp's lawyers used Virginia's anti-SLAPP (Strategic Lawsuit Against Public Participation) law to argue against Heard, which protects defendants from frivolous lawsuits when they speak out about causes of public concern that are protected under free speech. According to Depp's lawyer, the law should not be involved in personal affairs such as the one involving Heard and Depp. A judge ruled against Depp's side, stating that Heard's op-ed was about domestic violence, which is a matter of public interest, and that she can use that argument of immunity in front of the jury.

In reaction to Depp's and other high-profile litigation, the Virginia legislature enacted provisions aimed at tightening its anti-defamation rules in 2020, according to Justin Jouvenal of The Washington Post. Free speech supporters were concerned, according to Jouvenal, that the state had turned into "a magnet for bogus litigation intended at punishing critics and blunting vigorous media coverage on subjects of public concern."

What occurred in the libel action against Depp in the United Kingdom?
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Depp lost a libel case in 2020, in which he sued the Sun's publisher, News Group Newspapers, and its executive editor, Dan Wootton, for publishing a 2018 story with the headline "Gone Potty: How can JK Rowling be 'genuinely thrilled' casting wife abuser Johnny Depp in the next Fantastic Beasts film?"

Both stars testified about their tumultuous relationship, while Depp denied any physical violence. Heard claimed Depp abused her 14 times, and according to The Washington Post, "the judge determined there was enough evidence to corroborate her accusations about 12 occurrences," and that "the Sun had proven its piece was'substantially true.'"

Warner Bros. dropped Depp from the Fantastic Beasts trilogy after the trial ended. After the verdict, Heard filed another move to dismiss the case, but the judge denied it.

Who will be called to testify?
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There are some well-known names among the vast list of witnesses, in addition to domestic violence professionals and forensic experts. Actor Paul Bettany, who exchanged texts with Depp about Heard that surfaced in the Britain trial, is on Depp's side. Elon Musk, her ex-boyfriend and Tesla CEO, is on Heard's list, as is actor James Franco, who Heard claims once enquired about injuries on her face after an alleged abuse episode with Depp.