Can Johnny Depp, Amber Heard Both Lose the Defamation Trial? Expert Weighs In

An expert weighed in on Johnny Depp and Amber Heard's defamation trial and revealed whether the two could end up losing at the same time.

For six weeks, Depp and Heard continuously threw allegations against each other. The "Pirates of the Caribbean" actor is suing his ex-wife over the opinion article she wrote for The Washington Post in 2018.

Amid the jury's deliberation to determine the final ruling, questions about whether they could both lose the defamation trial have been answered by a media law expert.

In an exclusive interview with VICE, New York-based first amendment lawyer and "Slandertown" podcast host Dan Novack said that it is possible that both parties could lose in a trial. But in Depp-Heard's case, it is highly unlikely to happen.

"They can't pick one side without sort of tarnishing the other. I've never seen a split decision where the jury just says they both lose. It's possible, but I don't think the jury would be taking their job incredibly seriously if that's what they do, because their job is to decide who is credible and who is not," he said.

He noted that Heard's decision to countersue is an attempt to make the trial's findings be at odds against both of them.

It is worth noting that the "Aquaman" actress is suing back Depp's legal team after they called her claims a "hoax."

But with the current development in the deliberations, experts see that Depp has an edge and is more likely to win in the defamation case.

Why Johnny Depp and Amber Heard's Case Is Being Live Streamed?

Novack also took his time to explain why the defamation case allowed public access.

According to the expert, the United States offers different rules when it comes to public access in trials. In New York, no cameras are allowed to film the events inside the courtroom. In Florida, everything is being live-streamed.

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Meanwhile, in Virginia - where the defamation case was filed - filming is allowed at discretion of the judge.

Paula Todd, a journalism professor at York University, told CBC News that Depp has an advantage as the trial is being broadcast live.

"It's being broadcast because we have the right to a public court system," she explained. "I do think it's helping [Depp]. I do think it's engendering public sympathy for him, because people like him as a performer."

With that, Depp earned more supporters and achieved his main goals - to clear his name from allegations and win back people's trust.

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