Depp vs Heard

Celebrity gossip is not my thing. This case has been particularly unedifying. In a rational world, people would now pay less attention to the opinions of play actors, having seen what shallow, narcissistic souls (and I speak as a devoted theatre person who admires their professional skills) they often are.

What has been interesting about the trial is the MSM vs Social Media aspect of it. Wounded journos bemoan the fact that people have followed the trial – not through the lens of their analysis and opinion – but via such odd channels as TikTok. I understand their point of view. They are professionals and would like people to trust them. However, they just don’t seem to understand the role they played in losing that trust. They would do better to work hard to win it back, rather than insult the customers they’ve so clearly lost. The intense social media interest in a defamation trial shows the demand for coverage is there. Perhaps they should begin to think about how best to meet it? No-one (as the Remain campaign has still not learned) was ever insulted or abused into agreement. It’s just bad advocacy. 

I have watched a couple of the videos of which they complain out of curiosity. They consisted of people I had never heard of pointing fingers and raising eyebrows in the corner of a screen showing video from the court. Every so often they’d point downwards to a “subscribe” button. Having practised law myself, I was just as unimpressed as the journalists with this approach to court reporting. Unlike the journalists, I recognised that their customers’ preference for it is a profound critique of the MSM. Just how much trust have you lost, dear journalists, that people trust these clowns more?

I formed a strong suspicion that the “influencers” in question had a very limited understanding of what was going on. That didn’t particularly concern me. Most people don’t understand most laws and still less most court procedures. That “influencers” can make money grimacing thus doesn’t bother me. Good luck to them. What was really amusing however was the reaction on social media to the outcome of the trial. The “believe the victim without ever establishing they were a victim” mob is in uproar. Some hilariously misguided points are being made.

Firstly this bubble of fanatics is convinced that the ravings of their social media foes during the trial somehow influenced the outcome. If only people had read their tweets and not those of the Nazis*, Ms Heard would have won. Firstly, she didn’t entirely lose. Mr Depp’s suit succeeded. She did defame him. Part of her counter-suit succeeded. He did defame her. Whatever damages he wins will be offset by the damages she wins. They’ve both damaged their careers with this nonsense and (as so often) only the lawyers have really won. As a retired lawyer, I am relaxed about that. I am confident both legal teams will make better use of these idiots’ wealth than they would have done themselves. I see excellent private educations in their offsprings’ future!

Secondly, the jurors were among the few people in America without access to the social media (or indeed the mainstream media) coverage. They were probably (statistically) also among the majority of Americans who don’t pay much attention to the enraged rants of people correcting other people’s errors on the internet. The jurors formed a view on the evidence presented to them in court. They did so with guidance from the judge as to its relevance. Legal process is not perfect in America or anywhere else but it wouldn’t have to be very good to be a more reliable route to truth than Twitter etc.

I read an exchange today where someone told a tweeter saying the jury had not believed Ms Heard that it might be true “in his bubble” but evidence from agencies in the field proved otherwise. I have never seen a point more spectacularly missed. Statistical evidence from social work or law enforcement agencies in the field may or may not prove that most domestic abusers are male and most victims female, but that says literally nothing about the facts of this (or any other) specific case. That some women are abused does not prove this one was. 

When studying law I was taught that modern civilisation began when legal relations stopped being determined by status and were instead determined by contract. Much energy is now being expended to reverse that. Rather than reviewing their evidence to determine what happened between two equals in law, we are being asked to accept that Ms Heard is telling the truth because she’s a woman and that Mr Depp is an abuser because he’s a man. Let’s pass over for the moment that the very people insisting women can’t lie can’t define a woman. They are essentially reviving the medieval concept of “nobility” to ascribe inherent moral superiority to new categories of nobles. 

Surely they can see this is a route back to the “status” oppressions of old? If someone is always to be believed because of their status (rather like a feudal prince or lord) they will be able to oppress those of lesser status with false accusations. As in the story of Robin Hood, where a lie about the outlaw’s father allowed a superior lord to seize his land, so modern lesser humans will lose out to unscrupulous members of the new “nobility”.

Economic equality is a crock of shit. All attempts to enforce it will create poverty at best. Equality before the law, however, is the beating heart of a healthy civilisation. If you are claiming legal privilege on the basis of your status being anything other than just “human”, you are an enemy of civilisation itself. What are now called “protected characteristics” may (or may not) be significant politically but, to be just, the law should be blind to them.

*Anyone who disagrees with them.