The opening statements in the Johnny Depp and Amber Heard trial are underway today at a courthouse in Fairfax, Virginia.
Pirates of the Caribbean The actor sued his ex-wife for $50 million in Starr’s multimillion-dollar defamation lawsuit alleging that he defamed her in an opinion piece published in The Washington Post in December 2018.
In the piece, Heard claimed she was the victim of domestic abuse and while she did not name Depp, Depp’s legal team argues that it was clear who she was referring to and that the op-ed caused Depp to Had to give up work.
The article was titled: “I raised my voice against sexual violence—and faced the wrath of our culture. This has to change.”
Depp loses defamation case against British tabloids in UK sun On domestic violence charges against Heard in 2020.
The actor repeatedly denied being violent with Heard, and both provided evidence during an earlier trial where claims of brutal violence and intimate details of their troubled relationship were made public.
Ultimately the judge found that sunThe claim that the actor was a “wife killer” and abusive to Heard was “largely true.”
So why did Herds Washington Post The Essay That Anonymized Depp Now Leaves Him Open to a Defamation Claim? Lawyers say there is a public nature of the parties involved and the implication implied in the piece.
David Lynn, a New York-based attorney specializing in defamation law, said, “Typically, a defamatory statement must include a false statement of fact to be actionable. However, in some circumstances a statement may also be defamatory by implication.” ” newsweek,
“In this case, even though Amber Heard did not mention Johnny Depp by name, the couple’s highly publicized divorce meant that her statements showed that she was speaking about and abused him,” Lynn explained.
Lynn explained that the timing of the piece and the timeline of her relationship with Depp are important.
“In her 2018 op-ed, Heard wrote that she became a public figure representing domestic abuse ‘two years ago’, which would have happened at the same time that the couple’s divorce was coming to the fore in the tabloids,” They said.
Depp and Heard began dating after meeting on the set of their 2011 film the Rum Diary Before getting married in 2015. Filed for divorce the following year, their marriage officially dissolved in January 2017.
However, Heard first accused Depp of domestic abuse during divorce proceedings in Los Angeles in 2016—two years before the article was published.
“Readers can thus conclude that she is implying that Depp abused her,” Lin said.
While Depp’s legal team will say that this finding led to Depp dropping out of acting roles, Heard’s attorneys are prepared to apply the anti-SLAPP provision to argue with the jury that he should be protected from a defamation suit because the articles were a subject. But it was considered a matter of public interest.
SLAPP stands for Strategic Litigation Against Public Partnership and last month a judge ruled that Heard could use the anti-SLAPP provision in his defense.
Generally, it is difficult to prove defamation or defamation when someone anonymizes the person they have allegedly defamed. In this case, omitting Depp’s name did not save Heard from prosecution. So can someone be prosecuted for defamation even if they haven’t named the other party in an article or social media post?
“Yeah, it can happen,” Lin confirmed. “The question to be asked is whether readers will see and understand the post to refer to a specific individual and make a false statement of fact against that individual.”
He added: “Just because you don’t name someone, if you’re referring to a particular person, you could be subject to a defamation claim for making a false statement about them.”