JRNL 503: Media Coverage of Amber Heard During Depp v. Heard

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JRNL 503
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Journalism Standards and Practices
Instructors: Ori Tenenboim and Saranaz Barforoush
Students: Phoebe Fuller, Juliana Konrad,

Kylie Walker, Daphne Dossios

American actors Johnny Depp and Amber Heard met in 2009 on set for the 2011 film The Rum Diary, in which they both starred[1][2]. They began dating around late 2011-early 2012[1][2], became engaged in 2014[3][4], and married in February 2015[5][6]. Heard filed for divorce on May 23, 2016, citing irreconcilable differences[7][8]. On May 27 of the same year, she filed and was granted a temporary restraining order against Depp, claiming he was verbally and physically abusive[9][10]. Heard withdrew her domestic abuse restraining order in August 2016 in a deal that granted her a reported $7 million divorce settlement, which she pledged to donate to charity in a joint statement made with Depp[11][12]. While Heard is confirmed to have made a 7-figure donation to Children’s Hospital Los Angeles after the divorce[13], it is disputed whether the entire sum has been donated[14][15]. The joint statement also contained the claim that “There was never an intent of physical or emotional harm. Neither party has made false accusations for financial gains”[16][11]. The divorce was finalized at a Los Angeles court on January 13, 2017[17][18].

Legal Disputes

Depp v. News Group Newspapers Ltd.

On April 27, 2018, British tabloid The Sun published an article[19] calling Depp a “wife beater.” In response, Depp filed a libel lawsuit against the paper and its Executive Editor and writer of the article Dan Wootton in June 2018[20]. The London court dismissed Depp’s claim in November 2020, when the judge ruled that what was published by The Sun had been “substantially true” by the standards of the civil court and Depp had “not succeeded in his action for libel”[20]. Depp’s attempts to appeal the verdict were denied in March 2021[21][22].

Depp v. Heard

On December 18, 2018, Heard published an opinion piece in The Washington Post titled “I spoke up against sexual violence — and faced our culture’s wrath. That has to change”[23].

Johnny Depp and Amber Heard, 2016. Evan Agostini/Invision/AP/Shutterstock

On March 1, 2019, Depp filed a defamation lawsuit against Heard for $50 million[24]. While Heard never mentions Depp by name in the piece, Depp’s lawyers argued that she clearly implied that Depp had abused her throughout their marriage. The lawsuit also alleged that Heard “is not a victim of domestic abuse, she is a perpetrator"[24].

On August 10, 2020, Heard countersued Depp for $100 million for defamation, alleging Depp and his lawyer Adam Waldman had, through their litigation, launched a campaign to “harass, abuse, and discredit” her[25]. Depp’s attempts to dismiss the case were denied in May 2022[26][27].

The trial began on April 11, 2022, at the Fairfax County Circuit Court in Virginia. Heard counterclaims were determined to be decided as part of the trial[28][29].

The jury reached a verdict on June 1, 2022, ruling in favour of Depp across his three counts of defamation against Heard. He was awarded $10.35 million in damages. Heard won one of the three counts in her countersuit and was awarded $2 million[30].

Media Trials

Media trials are highly publicized criminal or civil trials that tend to have “characteristics similar to criminal cases portrayed in the entertainment mass media—human interest laced with mystery, sex, bizarre circumstances, and famous or powerful people"[31] Examples include O.J. Simpson’s trial[32], the Duke Lacross rape trial[33], and Casey Anthony’s trial[34]. Criminal justice scholar Ray Surette argues that the high visibility of media trials makes them prone to perpetuating myths about the judicial process, including emphasizing individual explanations of crimes over focusing on broader systemic issues and focusing on salacious or bizarre cases which mischaracterize the justice system[31]. The phrase “trial by media” is also used to describe cases with a high volume of media coverage, contributing to public perceptions of a person’s guilt or innocence before an actual verdict is reached in court[35][36].

Depp v. Heard as trial by social media

The Depp-Heard trial has been characterized as a trial by social media, due to the intense amount of coverage and discussion the case was given by the public on social media platforms such as Twitter and TikTok[37][38]. In May 2022, The Guardian reported that the TikTok #JusticeforJohnnyDepp had more than 10 billion views, more than #AmberHeard (8.4bn) and #JusticeforAmberHeard (37.2m)[37].

Trials by social media have been criticized as “trials by mob rule” which allow anonymous and unaccountable people power over the narratives of legal proceedings and provide undue legitimacy to unfound allegations[39][40].

While social media is acknowledged to provide the public with faster access to news information, concerns have also been raised over the way information on social media spreads inconsistently, lacks nuance, and is prone to misinformation[41][42].

In the trial's final days, Heard spoke up about the online harassment and death threats she had been receiving online[43][44].

MeToo Backlash

MeToo is a social movement against sexual abuse and harassment aimed at empowering victims and survivors through solidarity and ushering in systemic change to hold perpetrators accountable[45][46]. It was started on social media in 2006 by activist Tarana Burke[46] and was later popularized on Twitter as #MeToo in 2017 by actress Alyssa Milano[47][48]. What started as a movement exposing predatory behaviour in Hollywood[49] went on to inspire a wider examination of women’s treatment across several industries and in everyday life[50][51][52].

While the MeToo movement has been found to have resulted in significant progress in women’s willingness to report sexual crimes[53], the resulting backlash has also been widely reported on[54][55][56][57]. In the wake of MeToo, research has found an increased hesitancy in men to hire and work with women, and found men being increasingly afraid of being accused of sexual harassment[58]. Concerns have also been raised in the media and among the public over the MeToo movement going “too far,” becoming overly punitive and lacking in clarity over what behaviours constitute harassment[59][60]. A survey conducted by NPR in 2018 found that disagreements over MeToo tended to fall across party lines more than gender lines[59].

Depp v. Heard as MeToo backlash

Media coverage of Amber Heard and the backlash she’s received throughout the trial has been suggested to be a continuation and escalation of the backlash against MeToo[61][62]. In The Guardian, Moira Donegan argued that the backlash against Heard was evidence of MeToo’s original claims that women are often punished for coming forward about abuse, writing "one woman has been made into a symbol of a movement that many view with fear and hatred, and she’s being punished for that movement"[62]. In The New York Times, Michelle Goldberg characterized the trial as “the death of #MeToo"[63]. In Vox, Constance Gracy raises concern that the verdict of the Depp-Heard trial sets a precedent that will allow more women who allege abuse to be sued, further silencing victims[61]. Depp supporters argue that the trial is not rebutting MeToo but expanding the movement to also include and protect male victims of abuse[64][65].

Coverage of Amber Heard from April 11 - June 1

The New York Times

Overview

The New York Times is a daily newspaper owned by the New York Times Company[66]. It is published in New York City and distributed internationally[66][67]. Over the course of the past decade, the Times has become one of the most visited news websites globally[67][68], and it is currently one of the United States’ most widely read news publications[68][69]. While a portion of its website is free for readers, the Times is a subscription-based paper and has some content exclusive to its over 9 million subscribers[66]. The paper’s news archives from 1851-present[70] are available for free[67] on the website. As of 2022, the Times has won 136 Pulitzer Prizes[71][72].

According to research conducted by AllSides, a media solutions company, as of October 2022 the Times is a left-leaning publication[73]. Research conducted by Ad Fontes Media, a public benefit corporation that researches and rates news media in terms of media bias, also found that the New York Times has a left-leaning bias[74]. According to a 2014 PEW study, 65% of NYT readers are politically left-leaning versus only 12% who were right-leaning[75]. Another PEW study conducted in 2016 found similar results[76]. A 2019 Morning Consult poll found that Democrats viewed the Times in a much more positive light than Republicans[77].

New York Times coverage of Amber Heard from April 11 - June 1

Steve Helber via Reuters

During the time period of April 11 to June 1, 2022, when the Depp v. Heard libel case was ongoing, the New York Times published 17 news articles[78] covering the case (this number does not include any articles published under the categories of Opinion, Briefings, Style, Movies, Television, Podcasts, and Art & Design).

Neutrality and Balance of Coverage

The Times covered the information presented by Heard and Depp’s legal teams without taking a specific side or favouring either actor. For example, the Times reported[79] that Depp’s talent manager, Jack Whigham, claimed that Heard’s 2018 Washington Post op-ed resulted in Depp losing a $22.5 million deal to star in the sixth movie in the popular “Pirates of the Caribbean” film franchise. The same article also reported that Heard’s lawyers counter-argued that Depp had lost the role before the publication of the op-ed and presented claims from Heard’s legal team that the defamation trial has led to Heard’s career being negatively impacted[79]. The Times reporting also included how both sides depicted an incident that took place in Australia in 2015[80], in which Heard claimed Depp sexually and physically assaulted her. Depp denied these claims, countering that Heard was the aggressor during the event[80]. They present each side neutrally, writing, “the incident in Australia has emerged as a key point of contention in a trial that has focused on competing, and contradictory, accusations of spousal abuse”[80]. Other events mentioned in the trial such as an altercation between the couple in 2014 on a private plane[80], accounts of how their marriage unraveled[81], and an instance where feces was found on Depp's bed[81] were also covered fairly, with a neutral and balanced inclusion of each side’s arguments.

Steve Helber via Reuters

In the early reporting of the trial[82][83], only Depp is quoted directly, as Heard did not take the stand until May 4, 2021, three-and-a-half weeks into the trial[80]. However, Heard’s side was equally represented in the coverage via her legal team[83]. Overall, throughout their reporting, the Times focused on trial proceedings and the accusations made by both sides, without making a claim on which side was right or wrong. Within the articles, Depp and Heard’s arguments and counter-arguments were equally represented.

Framing of Heard

In the Times’ reporting, Heard specifically was referenced many times to be “emotional”[80]: she was reported to break into sobs[80] and get emotional[84] during her testimony, and images chosen of Heard throughout the trial were often unflattering[81], showing her wiping away tears[80], having a sad[85] or concerned look on her face[84], or in an emotional embrace with her lawyer[86]. Contrarily, images included of Depp depicted him cheerfully waving to fans[81], in calm conversation with members of his legal team[84], or appearing collected[87]. Language framing of Depp and Heard’s relationship was also inconsistent throughout the Times reporting. Heard was referenced as Depp’s ex-wife in eleven headlines and articles out of the total 17[78], versus the seven times Depp was referred to as Heard’s ex-husband. Additionally, Heard was often not mentioned or only referred to as Depp’s ex-wife in the Times’ reporting: Out of the 17 headlines, Heard was not mentioned by name six times[79][82][83][85][88][89] and Depp was not mentioned only once[86].

Coverage of Social Media and Fan Support

The Times referenced the role social media and stan culture played in public sentiment towards Heard, with sentences such as “the defamation trial between Mr. Depp and Amber Heard is a case study in what happens when complex claims are filtered through the lenses of extreme fandom and social media”[88]. Their reporting included that Depp had a larger amount of fan support on social media and in public, citing figures from April 13 when the TikTok hashtag #JusticeForJohnnyDepp had 1.1 billion views versus the hashtag #JusticeForAmberHeard which had 22 million views[88]. The Times also acknowledged the role stan culture played in the trial and how Heard’s lack of public support could influence public perception of the actress[88]. Their reporting also referenced how reactions on TikTok and other social media platforms exemplified “misogynistic hate” towards Heard, yet included quotes from Depp fans who call Heard a “liar, abuser and hypocrite”[88].

Cultural Implications

The New York Times also focused much of their reporting on the cultural implications the Depp v. Heard trial will have on how the public views who is a victim and perpetrator, and raised the theory that both Heard and Depp could have been each other’s abusers simultaneously through their inclusion of quotes and sources[88]. The Times’ reporting also included arguments that an anti-Heard verdict will negatively impact other survivors wanting to come forward with accusations of abuse by sending a message that no matter how much evidence or power an abuse victim has, it will never be enough[90].

People Magazine

Overview

People[91] describes itself as a weekly American magazine that covers celebrity news and human-interest stories. The magazine claims it has been dedicated to taking its readers inside the personal lives of stars and other noteworthy individuals since Time Inc.[92] founded the magazine in March 1974[93]. The magazine is a part of the Dotdash Meredith[94] family, an American digital and print publishing company. Dotdash Meredith is the magazine's second owner[95] in the past three years and owns other well-known entertainment magazines, such as InStyle, Entertainment Weekly, and Allrecipes[94]. The New-York based magazine[93], which also has editorial bureaus in London and Los Angeles, is one of the most profitable weeklies in the world[96]. According to People’s Media Kit, the magazine has one of the largest audiences in the United States, reaching approximately 96 million consumers in 2020[97]. People’s editorial and diversity & inclusion policy states it is “committed to accurate, fair and complete journalism” and aims to “combat racism, sexism, and other biases in the media.”[91]

People’s coverage of Amber Heard from April 11 - June 1

17 articles with a dominant focus on Heard were published on People’s website from April 11, 2022, to June 1, 2022.

Framing Heard as an actress

People’s coverage of Heard focused on her acting, often mentioning how she believes her career has suffered since she filed for the restraining order against Depp. The entertainment magazine refers to Heard as “the Aquaman actress” in eight of the seventeen articles. Four articles mention how Heard felt she had to fight to keep her roles in the 2017 film Justice League[98] and the upcoming movie Aquaman and the Lost Kingdom[99]. While Heard’s agent, Jessica Kovacevic[100], stated she heard Heard’s role in the Aquaman film was reduced due to a lack of chemistry with her co-star, other articles published on People’s website suggest otherwise. For example, an article [99] published on May 17, 2022, states, “Amber Heard claims her part in the Aquaman sequel was reduced as a result of fallout from ex-husband Johnny Depp's claims that her allegations of domestic violence were a hoax.” The article also quotes parts of Heard’s testimony where she claims, “They didn't want to include me in the film.” Another article[101] discusses a long-running petition that called for the removal of Heard from the Aquaman sequel. As of May 2, 2022, the petition reached over three million signatures[101].

Framing Heard as emotional

People commonly referred to Heard as being emotional. Articles regularly mentioned how the actress looked visibly drained[102] throughout the trial and commented on how she cried[103] while on the stand. People chose to publish quotes demonstrating how the case took an emotional toll on the actress. For example, one article[102] includes, “this is the most painful and difficult thing I’ve ever gone through, for sure.” In addition, the headlines of three articles included impactful statements from Heard’s testimonies, such as “this is horrible for me[102],” I’m harassed on a daily basis[98], and “it changed my life[103].”

Sources

People mainly used Heard’s spokespeople and her attornies, Elaine Bredehoft and Ben Rottenborn, as sources. The testimonies of Heard and Depp were also often quoted in articles. Five of the seventeen stories published included statements from Heard’s spokespeople[104][105][106][107][108], six articles published accounts from Bredehoft and Rottenborn[109][110][111][101][112][103], and nine directly quoted Heard[101][103][102][108][105][98][113][100][114]. On two occasions, People spoke to an unnamed source close to Heard[107][109]. The magazine also included the virtual testimonies and pre-recorded depositions of Heard’s current and former talent agents, Jessica Kovacevic[100] and Christian Carino[110].

People reached out to three named outside sources[109][104][112], two of which had negative things to say about Heard. For example, Daniel Gutenplan[104], an entertainment litigator, defamation expert, and partner at Enenstein Pham & Glass, is framed as a legal expert in People’s article and states, “while Ms. Heard's stories have continued to grow new and convenient details, Mr. Depp's recollections have remained exactly the same throughout the six painful years since her first allegations were made.”

Images

People mainly included images of a visibly distraught Heard in its articles. She is pictured crying during her testimony on multiple occasions. Pictures of Heard and Depp are also put together side by side. Depp is seen with a warm yellow background, while Heard is pictured in a cold and grey setting.

Fox News

Overview

Owned by the Fox Corporation, an American mass media company operated and controlled[115] by Rupert Murdoch[116], Fox News is known to provide conservative-leaning content to a mainly conservative audience[117][118]. Fox News is one of the most-watched news channels in the United States[119][120]. According to Pew Research, Fox News is “a trusted go-to source of political news for Republicans.”[121] In 2020, 65% of Republicans and Republican leaners stated Fox News is a trusted source[122]. Several scholars have argued that the channel is biased toward a conservative ideology.[123][124][125]

Fox News’ coverage of Amber Heard from April 11 - June 1

Getty Images

Fox News extensively covered the Depp-Heard trial[126], even producing two specials on each celebrity, respectively entitled  "Who is Johnny Depp?" and "Who is Amber Heard?", which were broadcasted on Fox Nation[127]. Fox News appears to have covered both Heard and Depp equally without favoring one over the other and including accusations against both actors of being abusive emotionally and physically[128]. Fox News’ coverage of the trial can be characterized by its sensationalism, with headlines such as “Johnny Depp v. Amber Heard: the shocking trial's wildest moments.”[129] Most articles are classified under the website’s “entertainment” section. Heard and Depp are often referred to by the movies they acted in, such as “Aquaman actress” and "Pirates of the Caribbean star.” The outlet’s emphasis on the actors’ dress code[130] further demonstrates the entertainment framing. Often, Fox News articles would include reactions to the trial on social media, for instance when Heard was compared to the character Dr. Evil from the film Austin Powers.[131]

Framing of Heard

Fox News often portrayed Heard as overly emotional or “overdramatic.”[132] One article’s subhead notably states “Heard gets emotional.”[133] The choice of pictures also often showcased Heard in strong emotional states whether angry or crying[134]. Paradoxically, other Fox News articles portrayed the actress as showing no emotion, notably a story in which it is stated that she “has remained largely stoic.”[135] In contrast, Depp is presented as genuine and vulnerable. An opinion piece stated that “Depp is showing his human side, sharing some of his flaws, weaknesses, and vulnerabilities on the witness stand."[136]

Elizabeth Frantz/Pool/Reuters

Several articles portray Heard as phony, dishonest, and manipulative. For example, one story includes a statement from a Depp spokesperson accusing Heard of having delivered “the performance of her life.”[137] Another story stated that her testimony “featured sobbing and exaggerated facial expressions that have struck some critics as inauthentic.”[138] The headline of another article published in May focused on Depp fans mocking Heard for “fake crying.”[139] Several articles also present Heard as a liar. In one story, trial consultant and body language expert Susan Constantine is notably quoted saying that Heard “is not truthful and most of what she’s saying is a lie.”[140]

Another theme commonly treated in the coverage of the trial is Heard’s mental health challenges. One article includes testimony from a forensic and clinical psychologist on Depp’s team diagnosing Heard with borderline personality disorder (BPD) and histrionic personality disorder (HPD)[141]. HPD and BPD diagnoses have been criticized for being “rooted in sexism”[142] and reproducing stereotypes about women[143][144]. Some studies even suggested that HPD should be deleted from the American Diagnostic and Statistical Manual[145]. In several stories, Heard is also accused of being emotionally and physically abusive and having a substance use disorder.[146][147][148]

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