Kneecap sues indigenous leader over allegedly defamatory statement opposing Canada gigs

High Court reporters

The High Court has granted permission to members of Irish-language rap group Kneecap to serve defamation proceedings on an indigenous leader based in Canada.

Harvey Yesno, a political figure from the Eabametoong First Nation, was a signatory to an online statement published last July opposing scheduled Kneecap performances at venues located on indigenous ancestral lands in Canada.

Liam Óg Ó hAnnaidh, Naoise Ó Cairealláin and JJ Ó Dochartaigh – known by their respective stages names as Mo Chara, Móglaí Bap and DJ Próvaí – say the statement contained false allegations, including claims that they support the political and militant groups Hamas and Hizbullah, and condone anti-Semitism and genocide.

The group strongly deny those claims.

The complained-of publication followed significant publicity garnered by the group last year on foot of statements denouncing Israel’s assault on the Gaza Strip.

Judge Cian Ferriter on Wednesday gave permission to Tom Hogan, counsel for the trio with Peter Girvan, instructed by Phoenix Law’s Darragh Mackin, to serve notice of the proceedings – in both Irish and English – on Yesno at an address in Ontario, Canada.

The group are suing for damages, claiming the statement caused damage to their reputations as professional artists and public figures.

The complained-of statement first appeared on the website of Indigenous Embassy Jerusalem, a pro-Israel organisation. It was later republished to other platforms and picked up by media outlets, the band says.

The rap group allege Yesno has advocated publicly in support of the State of Israel. The Israeli state, the group notes, is actively engaged in campaigning against them and their art.

Several other indigenous leaders were signatories to the complained-of statement.

At Wednesday’s hearing, granting permission to serve the proceedings on Yesno, the judge said it seemed the band had met the requisite legal test for bringing the lawsuit.

The judge said he was satisfied the trio had an arguable case that they’d been defamed in this jurisdiction.

He said it seemed that this jurisdiction was the appropriate forum for the lawsuit, noting the men are Irish citizens, with their personal and professional reputations “bound up” with this jurisdiction. The judge also noted that the group members’ identity as Irish language and Irish culture activists is “very much bound up” in this jurisdiction.

The judge said it was open to Yesno to challenge the court’s decision to give permission to the band members to serve the proceedings.