Resource: The Print https://theprint.in/world/judge-jury-and-social-media-trial-why-johnny-depp-lost-libel-suit-in-uk-but-won-in-us/984386/ In Depp’s case in the UK, the burden of proof lay with The Sun, but in the US, it was Depp who had to persuade the jury that Heard not only defamed him, but did so with malice. In other words, in the UK, plaintiffs have to show that a false and defamatory statement was made, but in the US they also have to prove an added element of actual malice. But what really turned the tide in Depp’s favour in the US was the jury as opposed to a single judge in the UK. Experts have highlighted how Depp used a strategy called “deny, attack, and reverse victim and offender” or “Darvo” — a common defence tactic in sexual assault and domestic violence trials. The strategy, experts say, is “very, very effective against juries” although “lawyers and judges tend not to fall for it” because they...
