BBC: “Amber Heard vs the Internet: An Organised Smear Campaign?”

A ridiculous piece on the BBC website. This extract should give you a flavour of it:

“In 2022, Depp won a defamation case against Heard after a U.S. jury found she had made up allegations of domestic abuse against him. Depp’s victory was a huge comeback for the Pirates of the Caribbean star. Two years before, a UK court had found that Depp had abused Heard on 12 occasions.”

The UK court “found” no such thing. It was a juryless trial and a single judge decided to believe Heard, not Depp.

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2 thoughts on “BBC: “Amber Heard vs the Internet: An Organised Smear Campaign?”

  1. Right. The case was against a newspaper because of its reporting. So the test wasn’t about the abuse but whether the Newspaper had the right to publish a story. Like so many Americans he was badly advised to take a case against a British Newspaper because they don’t have to prove the story was true, but that they believed it to be accurate from a source, in this case a Newspaper report from the NY Times. Inevitably the result is spun as if it was a trial about the abuse or not itself.

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    • Just one small clarification: in UK libel law the burden is actually on the publisher to prove that what they wrote was substantially true. They don’t just need to show they “believed” it — they must satisfy the judge on the balance of probabilities (i.e. more likely than not). That’s a far lower bar than the beyond reasonable doubt test in a criminal case. In Depp’s UK trial, the judge decided The Sun met that lower threshold, which is not at all the same as a jury finding Depp guilty of abuse.

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