We previously discussed an issue surrounding disclosure in the libel case being pursued by Johnny Depp against NGN in respect of an article where the Sun Newspaper alleged that Mr Depp was a ‘wife-beater’.
That case has now concluded at a 16 day trial in the Royal Courts of Justice in July 2020. BBC News has this morning reported that Mr Depp has lost his libel case. Having heard evidence from Ms Heard, the ex-wife of Mr Depp, Judge Mr Justice Nichol confirmed:
“I have found that the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard…a recurring theme in Mr Depp’s evidence was that Ms Heard had constructed a hoax and that she had done this as an ‘insurance policy’,” and that Ms Heard was a “gold-digger”. I do not accept this characterisation of Ms Heard…
Although he [Depp] has proved the necessary elements of his cause of action in libel, the defendants have shown that what they published in the meaning which I have held the words to bear was substantially true…I have reached these conclusions having examined in detail the 14 incidents on which the defendants rely, as well as the over-arching considerations which the claimant submitted.”
What does the outcome of this case mean?
The outcome of this case highlights that it is not enough to simply demonstrate that comments made could be defamatory, as if the Court finds that there is a kernel of truth in the allegations levelled, it is likely that a Claimant will fail as a result of the effect of Section 2 of the Defamation Act 2013, which confirms:
“It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true…
…If one or more of the imputations is not shown to be substantially true, the defence under this section does not fail if, having regard to the imputations which are shown to be substantially true, the imputations which are not shown to be substantially true do not seriously harm the claimant’s reputation.”
How Nelsons can help
Kevin Modiri is a Partner in our expert Dispute Resolution team.
Should you wish to discuss any incidents of defamation that you have been subjected to, please contact Kevin or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.