On June 5, 2022, the jury in the defamation case between actors Johnny Depp and Amber Heard will decide whether either party is liable for defamation. The case has been highly publicized, with both sides accusing the other of defamatory statements. If neither party can convince the jury that their statements meet the applicable standard of proof for actionable defamation under Virginia law, then both Depp and Heard will lose.
The jury will be tasked with deciding whether the statements made by either party meet the legal definition of defamation. Under Virginia law, a statement is considered defamatory if it is false, causes harm to the person’s reputation, and is published or communicated to a third party. In order to prove defamation, the plaintiff must prove that the statement was false, that it caused harm to their reputation, and that it was published or communicated to a third party.
The jury will also consider the context in which the statements were made. For example, if the statement was made in a joking manner, it may not be considered defamatory. Additionally, the jury will consider whether the statement was made with malice or with reckless disregard for the truth. If the statement was made with malice or with reckless disregard for the truth, it is more likely to be considered defamatory.
The jury will also consider the evidence presented by both parties. This includes witness testimony, documents, and other evidence. The jury will weigh the evidence presented and decide whether the statements made by either party meet the legal definition of defamation.
If neither party can convince the jury that their statements meet the applicable standard of proof for actionable defamation under Virginia law, then both Depp and Heard will lose. This case is a reminder of the importance of being careful with the words we use, as even seemingly innocuous statements can have serious legal consequences.