1 00:00:00,080 --> 00:00:03,120 Speaker 1: Good morning, and welcome to the Daily OZ. Today is Friday, 2 00:00:03,160 --> 00:00:05,960 Speaker 1: the third of June, and on today's episode, we're going 3 00:00:06,040 --> 00:00:09,039 Speaker 1: to be talking about the court case concerning both Johnny 4 00:00:09,039 --> 00:00:12,360 Speaker 1: Depp and Amber Heard. They're both actors and they were 5 00:00:12,400 --> 00:00:16,000 Speaker 1: both actually suing each other for defamation. We'll explain everything 6 00:00:16,000 --> 00:00:18,040 Speaker 1: you need to know about that case and why it 7 00:00:18,120 --> 00:00:20,919 Speaker 1: is being spoken about so widely in a bit but 8 00:00:21,079 --> 00:00:23,400 Speaker 1: verse am take us through the headlines of the day. 9 00:00:24,880 --> 00:00:28,840 Speaker 2: We start with news of another mass shooting from the States. 10 00:00:29,120 --> 00:00:31,400 Speaker 2: Four people have been killed in a mass shooting at 11 00:00:31,400 --> 00:00:35,840 Speaker 2: a hospital in Tulsa, Oklahoma, on Wednesday afternoon their time. 12 00:00:36,320 --> 00:00:38,760 Speaker 2: Several more were injured in the shooting before the gunman 13 00:00:38,840 --> 00:00:43,080 Speaker 2: took his own life, according to local police. According to reports, 14 00:00:43,080 --> 00:00:46,040 Speaker 2: the suspects had one long gun, a rifle and one 15 00:00:46,080 --> 00:00:48,080 Speaker 2: handgun on the scene at the time. 16 00:00:49,040 --> 00:00:52,720 Speaker 1: Australian Foreign Minister Penny Wong has announced an eight year 17 00:00:52,840 --> 00:00:57,000 Speaker 1: partnership with Samoa. According to Wang, the partnership will tackle 18 00:00:57,040 --> 00:01:01,320 Speaker 1: the country's most critical challenges. Ad from that, Australia has 19 00:01:01,360 --> 00:01:05,160 Speaker 1: also donated a Guardian class patrol boat to Samoa, with 20 00:01:05,240 --> 00:01:08,039 Speaker 1: a foreign minister saying we do understand how important these 21 00:01:08,040 --> 00:01:11,360 Speaker 1: maritime assets are to island nations and. 22 00:01:11,280 --> 00:01:14,360 Speaker 2: Today is Marbo Day, the anniversary of the High Court 23 00:01:14,440 --> 00:01:17,880 Speaker 2: decision in nineteen ninety two to overturn the notion of 24 00:01:18,000 --> 00:01:21,440 Speaker 2: terran nullius, which means land belonging to no one that 25 00:01:21,560 --> 00:01:25,600 Speaker 2: recognized Aboriginal and Torres Strait islander land rights. Following the 26 00:01:25,600 --> 00:01:28,400 Speaker 2: Marbo decision, the Parliament passed the Native Title Act of 27 00:01:28,480 --> 00:01:32,480 Speaker 2: nineteen ninety three, which established a framework for native title claims. 28 00:01:33,400 --> 00:01:37,960 Speaker 1: Today's good news car manufacturer DeLorean has released a new 29 00:01:38,040 --> 00:01:41,319 Speaker 1: electric vehicle that is modeled on the famous car in 30 00:01:41,400 --> 00:01:44,320 Speaker 1: Back to the Future. Comment has been sought from both 31 00:01:44,440 --> 00:01:46,400 Speaker 1: Martin McFly and Doc Brown. 32 00:01:50,880 --> 00:01:54,120 Speaker 2: Before we start. This episode will involve discussions of sexual 33 00:01:54,120 --> 00:01:57,000 Speaker 2: abuse and might be triggering for some listeners. If this 34 00:01:57,120 --> 00:01:59,480 Speaker 2: episode is not for you, maybe give this deep diver 35 00:01:59,600 --> 00:02:03,559 Speaker 2: miss and come back next week. Yesterday, after a six 36 00:02:03,640 --> 00:02:06,000 Speaker 2: week trial, a jury of seven people in the court 37 00:02:06,040 --> 00:02:08,400 Speaker 2: in the US state of Virginia delivered a verdict in 38 00:02:08,440 --> 00:02:11,680 Speaker 2: the Johnny Depp and Amber Heard trial. Now, Zarah, before 39 00:02:11,720 --> 00:02:14,560 Speaker 2: we get into the verdict that was delivered yesterday, can 40 00:02:14,560 --> 00:02:17,639 Speaker 2: you give us a quick overview of the relationship between 41 00:02:17,800 --> 00:02:19,400 Speaker 2: Amber Heard and Johnny. 42 00:02:19,080 --> 00:02:22,760 Speaker 1: Depp, sure so really quickly. Depp and Herd, who were 43 00:02:22,800 --> 00:02:27,080 Speaker 1: both actors, began dating in twenty twelve. They became engaged 44 00:02:27,120 --> 00:02:31,000 Speaker 1: in twenty fourteen and then married in twenty fifteen. Herd 45 00:02:31,040 --> 00:02:34,240 Speaker 1: filed for divorce in twenty sixteen and filed a request 46 00:02:34,320 --> 00:02:38,639 Speaker 1: for a restraining order alleging Depp abused her. At the time, 47 00:02:38,800 --> 00:02:41,960 Speaker 1: Depp's lawyers claimed she was quote alleging abuse to quote 48 00:02:42,000 --> 00:02:47,400 Speaker 1: secure a premature financial resolution. Heard then withdrew that restraining 49 00:02:47,480 --> 00:02:51,320 Speaker 1: order request. When the divorce was settled, Deppenheard released a 50 00:02:51,440 --> 00:02:54,520 Speaker 1: joint statement which stated there was quote never an intent 51 00:02:54,639 --> 00:02:58,639 Speaker 1: of physical or emotional harm from either party in the relationship. 52 00:02:58,840 --> 00:03:01,120 Speaker 1: They also said that the quote but neither party has 53 00:03:01,160 --> 00:03:06,400 Speaker 1: made false accusations for financial gains. However, during this court case, 54 00:03:06,800 --> 00:03:10,280 Speaker 1: both Herd and Depp have made allegations of physical abuse 55 00:03:10,400 --> 00:03:11,520 Speaker 1: against one another. 56 00:03:12,200 --> 00:03:16,799 Speaker 2: This was a much watched and highly anticipated trial that 57 00:03:16,840 --> 00:03:20,920 Speaker 2: came with a highly anticipated verdict. It was televised and 58 00:03:20,960 --> 00:03:24,840 Speaker 2: live streamed throughout the entirety of the trial. The verdict 59 00:03:24,880 --> 00:03:28,000 Speaker 2: came through in the early hours of yesterday morning. What 60 00:03:28,040 --> 00:03:29,080 Speaker 2: did the jury say? 61 00:03:29,639 --> 00:03:32,200 Speaker 1: So, as you said, the jury found that Johnny Depp 62 00:03:32,240 --> 00:03:35,600 Speaker 1: and Amber Herd were both defamed. However, the jury did 63 00:03:35,760 --> 00:03:39,400 Speaker 1: primarily side with Depth. I'll start by focusing on his case. 64 00:03:39,960 --> 00:03:43,560 Speaker 1: He won all three counts of his defamation trial against 65 00:03:43,640 --> 00:03:46,840 Speaker 1: Amber Heard. His case centered around an op ed that 66 00:03:46,960 --> 00:03:49,440 Speaker 1: was written by Amber Herd for The Washington Post back 67 00:03:49,480 --> 00:03:53,000 Speaker 1: in twenty eighteen. Its headline read, I spoke up against 68 00:03:53,040 --> 00:03:57,640 Speaker 1: sexual violence and faced our culture's wrath. That has to change. 69 00:03:57,760 --> 00:04:00,520 Speaker 1: In the same article, Herd described herself as quote a 70 00:04:00,520 --> 00:04:05,800 Speaker 1: public figure representing domestic abuse. Now, Hurt didn't actually specifically 71 00:04:06,040 --> 00:04:09,520 Speaker 1: name Depth, but he sued her for defamation, which is 72 00:04:09,680 --> 00:04:13,040 Speaker 1: the act of damaging someone's reputation, and he claimed that 73 00:04:13,120 --> 00:04:15,360 Speaker 1: it was clear who she was referring to. Now, Sam, 74 00:04:15,560 --> 00:04:17,919 Speaker 1: we've spoken about this time and time again on the podcast. 75 00:04:18,160 --> 00:04:20,680 Speaker 1: There are these thresholds for defamation. It's different, of course 76 00:04:20,720 --> 00:04:23,240 Speaker 1: here in Australia as opposed to the US, but it's 77 00:04:23,279 --> 00:04:26,679 Speaker 1: certainly something that we're seeing coming up in our court system. 78 00:04:27,120 --> 00:04:30,800 Speaker 1: The jury's verdict yesterday essentially meant that they agreed with 79 00:04:30,880 --> 00:04:33,680 Speaker 1: Johnny Depp that not only was it clear who Heard 80 00:04:33,800 --> 00:04:36,720 Speaker 1: was referring to in the article, but that her accusations 81 00:04:36,760 --> 00:04:40,960 Speaker 1: of abuse against him actually damaged his reputation. The jury 82 00:04:40,960 --> 00:04:44,400 Speaker 1: also found that her accusations of abuse were quote false, 83 00:04:44,560 --> 00:04:48,560 Speaker 1: and that she acted with quote actual malice now here. 84 00:04:48,680 --> 00:04:51,640 Speaker 1: Actual malice means she either knew the statement was false 85 00:04:51,680 --> 00:04:55,359 Speaker 1: when she published it, or had a reckless disregard for 86 00:04:55,400 --> 00:04:58,159 Speaker 1: the statement's truth, and that is of course the legal 87 00:04:58,200 --> 00:05:02,920 Speaker 1: standing for that term. The jury awarded Johnny Depp fifteen 88 00:05:03,120 --> 00:05:05,400 Speaker 1: million dollars in damages, and. 89 00:05:05,320 --> 00:05:07,680 Speaker 2: It went the other way as well. The jury also 90 00:05:07,680 --> 00:05:10,280 Speaker 2: found that Amber Heard was defamed. Can you explain that 91 00:05:10,360 --> 00:05:10,880 Speaker 2: a little bit? 92 00:05:11,240 --> 00:05:15,080 Speaker 1: Yep? So, after Johnny Depp's sued Heard, she then counter 93 00:05:15,160 --> 00:05:18,640 Speaker 1: sued him for defamation, and the jury in this trial 94 00:05:18,720 --> 00:05:22,800 Speaker 1: was delivering a verdict for actually both lawsuits. In Hurd's 95 00:05:22,839 --> 00:05:26,000 Speaker 1: counter lawsuit, the jury found she was defamed on one 96 00:05:26,120 --> 00:05:29,960 Speaker 1: of three counts she was. For this awarded two million 97 00:05:30,040 --> 00:05:33,880 Speaker 1: dollars after initially suing for one hundred million dollars in damages. 98 00:05:34,160 --> 00:05:36,000 Speaker 2: It's a bit of a confusing one. So you said 99 00:05:36,040 --> 00:05:40,599 Speaker 2: that the jury found Amberhard's accusations to be quote unquote false, 100 00:05:41,160 --> 00:05:44,039 Speaker 2: So how did they then find that she was defamed 101 00:05:44,080 --> 00:05:44,719 Speaker 2: by debt? 102 00:05:44,839 --> 00:05:48,760 Speaker 1: Well, the jury's decision was in relation to a specific statement. Now, 103 00:05:48,839 --> 00:05:52,880 Speaker 1: let's go back a few steps. Amberhard's counter lawsuit against 104 00:05:52,960 --> 00:05:55,640 Speaker 1: Johnny Depp was in relation to a statement made by 105 00:05:55,680 --> 00:05:58,680 Speaker 1: it not Johnny Depp, but one of his lawyers, Adam Waldman, 106 00:05:59,040 --> 00:06:03,440 Speaker 1: to a tabloid public in twenty twenty. The specific statement 107 00:06:03,520 --> 00:06:06,160 Speaker 1: that was made by Waldman was about Heard and her 108 00:06:06,200 --> 00:06:09,880 Speaker 1: friends allegedly making up abuse claims following a fight between 109 00:06:09,920 --> 00:06:13,119 Speaker 1: the couple that caused her to call the police. It read, 110 00:06:13,160 --> 00:06:16,320 Speaker 1: and this is the quote, quite simply, this was an ambush, 111 00:06:16,400 --> 00:06:19,320 Speaker 1: a hoax. They set mister dep up by calling the cops, 112 00:06:19,360 --> 00:06:22,120 Speaker 1: but the first attempt didn't do the trick. The officers 113 00:06:22,160 --> 00:06:25,560 Speaker 1: came to the penthouses, thoroughly searched and interviewed, and left 114 00:06:25,560 --> 00:06:29,000 Speaker 1: after seeing no damage to face or property. So Amber 115 00:06:29,040 --> 00:06:31,680 Speaker 1: and her friends spilled the little wine and roughed the 116 00:06:31,720 --> 00:06:34,400 Speaker 1: place up, got their stories straight under the direction of 117 00:06:34,400 --> 00:06:37,160 Speaker 1: a lawyer and publicist, and then placed a second call 118 00:06:37,240 --> 00:06:40,400 Speaker 1: to nine one one. That was all a quote from 119 00:06:40,520 --> 00:06:44,120 Speaker 1: Johnny Depp's former lawyer. And so even though the jury 120 00:06:44,160 --> 00:06:48,440 Speaker 1: decided that they didn't believe Herd's abuse accusations against Depp, 121 00:06:48,560 --> 00:06:51,760 Speaker 1: they still concluded that this specific statement that one I 122 00:06:51,880 --> 00:06:55,440 Speaker 1: just read out was false and defamatory, and that Waldman, 123 00:06:55,760 --> 00:06:59,560 Speaker 1: acting on behalf of Johnny Depp, had acted with actual malice, 124 00:06:59,560 --> 00:07:02,239 Speaker 1: which will sound familiar because it's what we just said. 125 00:07:02,480 --> 00:07:05,600 Speaker 1: The jury found also against amber Herd, and this is. 126 00:07:05,560 --> 00:07:08,280 Speaker 2: The first time there have been defamation trials in relation 127 00:07:08,400 --> 00:07:13,880 Speaker 2: to Amberherd's accusations against Depth. Dep previously sued British newspaper 128 00:07:13,920 --> 00:07:16,000 Speaker 2: The Son for an article that described him as a 129 00:07:16,000 --> 00:07:19,760 Speaker 2: wife beata. He was unsuccessful in that lawsuit. The judge 130 00:07:19,800 --> 00:07:22,559 Speaker 2: said there that Depp had put her quote in fear 131 00:07:22,560 --> 00:07:26,160 Speaker 2: of her life. How is it that one court can 132 00:07:26,200 --> 00:07:29,560 Speaker 2: come to one conclusion and another court in another country 133 00:07:29,640 --> 00:07:31,280 Speaker 2: can come to a different conclusion. 134 00:07:32,240 --> 00:07:34,880 Speaker 1: Well, I think that last part is a really important 135 00:07:34,880 --> 00:07:37,480 Speaker 1: point to pick up on. As you said, one was 136 00:07:37,520 --> 00:07:39,640 Speaker 1: in the UK and one was in the US, So 137 00:07:39,720 --> 00:07:43,200 Speaker 1: it's worth remembering that both of these jurisdictions have an 138 00:07:43,400 --> 00:07:46,440 Speaker 1: entirely different set of laws when it comes to defamation, 139 00:07:47,040 --> 00:07:50,120 Speaker 1: just like here in Australia, our defamation laws differ very, 140 00:07:50,400 --> 00:07:54,600 Speaker 1: very significantly from the US's. But also these two defamation 141 00:07:54,720 --> 00:07:57,720 Speaker 1: trials were actually about separate articles. The one in the 142 00:07:57,840 --> 00:08:00,400 Speaker 1: UK was published in the Sun, and it was not 143 00:08:00,440 --> 00:08:04,080 Speaker 1: written by Amber Heard herself. The one that was written 144 00:08:04,120 --> 00:08:07,640 Speaker 1: by Amber Heard was published in the Washington Post. Another 145 00:08:07,680 --> 00:08:10,360 Speaker 1: difference is that in the UK the trial was decided 146 00:08:10,360 --> 00:08:12,920 Speaker 1: by a judge, whereas in the US the trial was 147 00:08:12,960 --> 00:08:14,160 Speaker 1: decided by a jury. 148 00:08:14,680 --> 00:08:17,200 Speaker 2: And if we heard any reaction from Amber Heard and 149 00:08:17,320 --> 00:08:19,520 Speaker 2: Johnny Depp after the verdict was handed down. 150 00:08:19,640 --> 00:08:22,840 Speaker 1: We have and I'll read you their responses directly. So 151 00:08:23,040 --> 00:08:26,200 Speaker 1: Herd put out a statement first, and she said, in part, 152 00:08:26,560 --> 00:08:29,960 Speaker 1: the disappointment I feel today is beyond words. I'm heartbroken 153 00:08:30,040 --> 00:08:32,320 Speaker 1: that the mountain of evidence still was not enough to 154 00:08:32,400 --> 00:08:36,280 Speaker 1: stand up to the disproportionate power, influence and sway of 155 00:08:36,320 --> 00:08:39,640 Speaker 1: my ex husband. I'm even more disappointed with what this 156 00:08:39,760 --> 00:08:42,680 Speaker 1: verdict means for other women. I'm sad I lost this case, 157 00:08:43,000 --> 00:08:44,760 Speaker 1: but I'm sad as still that I seem to have 158 00:08:44,800 --> 00:08:46,679 Speaker 1: lost a ride I thought I had as an American 159 00:08:46,840 --> 00:08:50,720 Speaker 1: to speak freely and openly. Of course, as you can imagine, 160 00:08:50,800 --> 00:08:54,240 Speaker 1: Johnny Depp's statement was fairly different and read in part 161 00:08:54,640 --> 00:08:57,040 Speaker 1: six years ago in my life, the life of my children, 162 00:08:57,120 --> 00:08:59,480 Speaker 1: the lives of those closest to me, and also the 163 00:08:59,520 --> 00:09:01,559 Speaker 1: lives of the people who for many many years have 164 00:09:01,640 --> 00:09:06,080 Speaker 1: supported and believed in me were forever changed. False, very 165 00:09:06,160 --> 00:09:10,480 Speaker 1: serious and criminal allegations were levied at me via the media, 166 00:09:10,520 --> 00:09:14,440 Speaker 1: which triggered an endless stream of hateful content, although no 167 00:09:14,640 --> 00:09:17,800 Speaker 1: charges were ever brought against me. Six years later, the 168 00:09:17,880 --> 00:09:21,719 Speaker 1: jury gave me my life back. I am truly humbled, and. 169 00:09:21,720 --> 00:09:24,840 Speaker 2: If this discussion has raised any issues for you, you 170 00:09:24,880 --> 00:09:27,240 Speaker 2: can call one eight hundred respects on one eight hundred 171 00:09:27,360 --> 00:09:30,679 Speaker 2: seven three seven seven three to two. That's all we've 172 00:09:30,679 --> 00:09:33,080 Speaker 2: got time for for this week on the Daily OZ. 173 00:09:33,120 --> 00:09:35,520 Speaker 2: Thank you so much for listening along. During the week, 174 00:09:35,559 --> 00:09:37,400 Speaker 2: we had a big week where we had a sworn 175 00:09:37,440 --> 00:09:40,319 Speaker 2: in government now fully in place. All the seats in 176 00:09:40,360 --> 00:09:43,120 Speaker 2: the House of Representatives were settled, and we now can 177 00:09:43,200 --> 00:09:46,280 Speaker 2: move on from the twenty twenty two election. Nearly we 178 00:09:46,320 --> 00:09:48,880 Speaker 2: still have some seats in the Senate to be decided. 179 00:09:49,440 --> 00:09:52,040 Speaker 2: I hope you have a fantastic weekend, Stay warm, and 180 00:09:52,080 --> 00:09:53,080 Speaker 2: we'll speak to you on Monday.