For the past six weeks, millions of people have been watching Penney Azcarate, the senior judge of the Fairfax County (Va.) Circuit Court, presided over the defamation trial between Johnny Depp and Amber Heard. Azcarate has kept a low profile, admitting or rejecting evidence and admonishing witnesses to stay focused on the issue. But it’s possible that the most important decision Azcarate made in the Depp-Heard trial occurred weeks before when she agreed to let Court TV run two pool cameras in the courtroom.

Depp-Heard Trial Viewership Has Grown Remarkably

According to Law & Crime, which live-streamed the whole trial, viewership grew significantly as it progressed. Live viewership on its channel peaked at 1,247,163 when Depp took the stand on Wednesday, more than double the peak during his April testimony. Trial snippets have been unavoidable on social media in recent weeks, as mashups of Depp’s reaction shots have swept throughout the world.

Heard’s team attempted but failed to keep the cameras out of the trial. Attorney Elaine Bredehoft said at a pre-trial hearing on Feb. 25 that there had already been a lot of media coverage as well as interest from “fearful anti-Amber networks.”

“What they’ll do is take anything that’s unfavourable — a look,” Bredehoft said. “They’ll take out of context a statement, and play it over and over and over and over again.”

Ben Chew, Depp’s lawyer, welcomed the cameras. Heard had already “trashed” Depp in the media, according to him, and should not be allowed to hide during the trial.

“Mr. Depp believes in transparency,” Chew said.

Azcarate’s Reason On Why She Allowed The Depp-Heard Trial To Be Televised

Azcarate highlighted that she was receiving a lot of media requests and that she had a responsibility to make the proceedings open to observers while assessing the issue. She was concerned that if cameras were not allowed, media would flock to the courts, potentially putting people in danger.

Allowing gavel-to-gavel coverage has provided viewers with the opportunity to observe all of the evidence, assess the reliability of the witnesses, and make their own decisions without being swayed by news organisations.

Some Analysts Are Concerned That Azcarate’s Judgement Will Have A Serious Impact On Victims Of Domestic Violence.

“Allowing this trial to be televised is the single worst decision I can think of in the context of intimate partner violence and sexual violence in recent history,” said Michele Dauber, a professor at Stanford Law School. “It has ramifications way beyond this case.”

Michelle Simpson Tuegel, an attorney who has represented victims of sex crimes in high-profile cases, said that many of her clients don’t want their real names to be revealed in public court papers. She is now concerned that they will be forced to avoid appearing on a Livestream broadcast.

“They see someone who is not only being televised but is being taken apart in such a hateful way,” she said. “Livestreaming it is really just a way to magnify what survivors are going through. I’m saddened and disgusted by how it is going to create a discourse of scaring people from seeking justice and speaking out about what they’ve been through.”

The trial judge in Virginia has almost complete discretion over whether or not to allow cameras in the courtroom. Cameras are prohibited in a few cases, including the testimony of “victims and family of victims of sexual offences,” according to the statute.

Bredehoft argued during the hearing on Feb. 25 that Heard is a victim of sexual assault and that cameras should be prohibited. Azcarate disagreed with the interpretation of the Act, claiming that the rule does not apply in civil matters.

According to some attorneys who practise in Virginia, cameras are uncommon in courtrooms. In the 2013 trial of Julio Blanco Garcia, who was convicted of murdering a 19-year-old woman, a Fairfax County judge let them. But, according to Joe King, a criminal defence attorney in Alexandria, that was an exception.

Lawrence McClafferty, a Fairfax attorney, has been litigating a case across the hall from the Depp-Heard trial and has witnessed Depp’s fans line up outside every day hoping to catch a sight of the actor. He predicted that a similar situation would not arise in the Commonwealth anytime soon.