Johnny Depp's libel case with Amber Heard testimony a smart move despite evidence to the contrary, here's why
One of the first reversals, after Johnny Depp lost his libel case against The Sun for its "wife-beater" headline, came on November 6. In an Instagram post, Depp shared that he had been asked to resign from his role in ‘Fantastic Beasts’ Warner Bros. Once the news trended, celebrity crisis management experts like Mark Borkowski felt Johnny Depp had a hard road ahead of him. "His reputation is in tatters. Having lost this libel case he will always be known as a wife beater. Whenever he is interviewed by a journalist, he will be asked about this and if he is a wife beater," said Borkowski to the press. Similarly, Steven Heffer, head of media and privacy at law firm Collyer Bristow, said: “Depp's strategy was high risk and has proved an absolute disaster. It is often best not to risk all for these sort of legal cases. A better approach may have been to publish a public statement denying the allegations."
However, it is also true that #BoycottFantasticBeasts started trending on Twitter, which showed that his fans are now firmly behind him, despite and some would say because of the libel case. If you think Depp is in a bad position right now, think back to the days before the case. Not only was Hollywood looking for a chance to wash its hands off him, but public opinion was also, for the most part, against him. In the public opinion domain, except a hardcore minority of Depp fans, people thought that he was privately a monster, with a charming facade. But as part of the court case, Depp was able to get his side of the story out in the most public way possible.
In light of conflicting testimonies given by Amber Heard and Johnny Depp on the 14 alleged assaults, public opinion has steadily and visibly shifted toward seeing Depp as the victim and Amber Heard as a clever and toxic manipulator. It also became apparent that the abuse possibly went both ways, complicating the simple abused-abuser narrative that had gained Amber Heard sympathy till that point. The testimonies revealed shocking revelations about the couple's private lives, riddled with instances of alleged drug abuse, extramarital affairs, domestic abuse, and emotional manipulation. The case also gave a chance for many of Depp's friends, acquaintances, and exes to come out in support of the star. Depp's clean record was compared to how Heard had been violent toward her ex.
Both were smeared by what came out during the court case but Depp came out looking a little cleaner in the court of public opinion. Leaked audio-tapes, carpet coverage of the celebrity court case, and instances of Heard's pettiness -- for instance photographing a vulnerable Depp when he had passed out with ice cream pooling on his clothes -- turned public opinion against Heard, benefitting Depp. During the course of the legal battle in UK courts, Heard also saw her 'Time’s Up' lawyer Roberta Kaplan and her team withdraw from representing her in Depp’s $50 million defamation suit against her.
For Depp, despite the loss in court and the loss of the 'Fantastic Beasts' franchise, he has regained control of the narrative. It would have been different if Depp had lost to a 'reputed' outlet like The Guardian or Observer. But losing to The Sun, a tabloid, known for its provocative stories on celebs, was a less damaging gamble. The loss was seen by his fans as a miscarriage of justice rather than an indictment. It has also helped that Depp has smartened up, regaining his rock star and celeb vibe, after his separation from Heard -- as if he has been able to detoxify after he has split from her.
After big studios turn away from him, he will be seen as a martyr. This is when Depp can reboot his career by getting back into theaters and the public eye through meaty indie roles. It won't earn him the big bucks for a while but niche films are sort of his wheelhouse. He has done some of his best work, even in the past, with intimate productions with a small cast and crew. Unlike the situation before the libel case, fans will line up to see and support him.
That said, it is possibly not in Depp's interest to appeal the UK case as he is planning to do. It is highly unlikely that a higher court will reverse the judgment and a second guilty verdict will remove any doubts that linger currently about the judge's bias if any, towards Heard and against Depp. But he can no longer back out of his $50 million defamation suit against Heard because that will be seen as an admission. His career trajectory will depend mainly on this case, rather than the UK court verdict.