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Breaking stories
Trad singer sues historian over ‘alcoholic slur’
By Gordon Deegan
A traditional singer is suing historian Diarmuid Ferriter, claiming the cover of the academic’s book on the pioneers depicts the singer as an alcoholic.
At Ennis Circuit Court yesterday, Judge Gerald Keyes dismissed an application by the UCD academic to strike out the proceedings being brought against him by singer Tim Lyons.Mr Lyons, of Athenry, Co Galway, claims a photo of him with two pints of stout in front of him on the cover of Prof Ferriter’s A Nation of Extremes — The Pioneers in Twentieth Century Ireland, depicts him as an alcoholic.
A Cork native, Mr Lyons is also suing the Dublin-based publisher of the book, Irish Academic Press.
Lorcan Connolly, counsel for Mr Ferriter, said: “Judge, it is a somewhat unusual case.”
Mr Connolly said the book’s front cover photo of Mr Lyons, with his elbow on a bar with two pints of stout and what appears to be a glass of spirits, is juxtaposed with a photo of pioneers at a public event.
Mr Connolly said Mr Lyons believes the photo of him “conveys that he is an alcoholic; that he drinks alcohol to excess; is representative of Irish drink culture which is damaging to Irish society; and that Mr Lyons is part of a disreputable part of Irish society”.
Mr Connolly said it is Mr Lyons’s claim that “it is clear to the reasonable observer of the book cover that the two photos are juxtaposed in order to illustrate two alleged extremes relative to the consumption of alcohol in Ireland — the picture of the pioneers representing an extreme of abstention from and opposition to the consumption of alcohol and the picture of Mr Lyons representing excessive consumption of alcohol in Ireland”.
Mr Connolly said Mr Lyons is also claiming that observers of the book cover would believe that Mr Lyons permitted the publication of the photograph.
Mr Lyons further claims the continuing publication of the photograph has resulted in his reputation being continuously injured.
Mr Connolly said the photo was used without consent, and is a breach of Mr Lyons’s privacy and that he is seeking damages.
Mr Connolly said Prof Ferriter was seeking an order striking out the proceedings against him.
An affidavit from Prof Ferriter that was read out by Mr Connolly states: “I had no input into the design, layout, and assembly of the book cover.
“Further, I had no input into the selection of the photo that is subject matter of the complaint in these proceedings.”
Prof Ferriter said the late and internationally regarded designer Jarlath Hayes chose the photo and designed the cover. Prof Ferriter claimed: “I did not publish anything — defamatory or otherwise — of the plaintiff.”
The historian said Irish Academic Press was the publisher of the book and liability, if any, can only rest with the publishers.
“In the circumstances where I have had no association with the design and publication of the book other than its authorship, the plaintiff has no cause of action against me.”
Prof Ferriter argues that “it would be unjust to make me defend the proceedings and incur costs in circumstances where I can have no liability.”
Judge Keyes told Mr Connolly: “Surely, your client would have seen what the cover was going to be before it was published.
“In order to establish if this is an ‘innocent publication’ we are going to have to have a full hearing on it.”
Dismissing Prof Ferriter’s application to have the action against him struck out, Judge Keyes said: “How could I deal with the defence of innocent publication without hearing from everyone?”
Judge Keyes said he was making no ruling on the merits of the case.
Counsel for Mr Lyons, Peter Clein, said the relief of innocent publication is not available to Prof Ferriter as he is the author.
Judge Keyes said he would reserve the issue of costs pending the outcome of the full hearing, expected to be heard later in the year.