The Loreena McKennitt Vs. Niema Ash Chronicle

Much controversy has shrouded the Loreena McKennitt vs. Niema Ash story of late. For those not having been tuned into this unfolding drama, here's a recount in brief.

Loreena McKennitt is an internationally-celebrated Canadian folk singer, composer, pianist and harpist much acclaimed for her "eclectic Celtic" music, rendering her worldwide recognition over a span of almost 20 years. McKennitt's thriving career is completely self-directed. Being head of her own record label Quinlan Road, her music has - thus far - sold 13 million albums with gold, platinum and multi-platinum sales awards in fifteen countries across four continents.

Niema Ash is an award-winning travel writer and W.B. Yeats scholar. Her first book, "Touching Tibet", with a foreword by the Dalai Lama, was chosen as "Book of the week" by the Sunday Times. In Montreal, where she was born, she met some of the most talented musicians and poets of our time, including Bob Dylan, Leonard Cohen, John Lee Hooker, Seamus Heaney and Irving Layton, of whom she writes in her book, "Travels With My Daughter". Some of these musicians and poets became close friends - and one of the closest was Loreena McKennitt, with whom she has traveled extensively. In Montreal Niema choreographed and was the assistant director for two of Yeats' dance plays. In London, England, where she now lives, she formed the Yeats Theatre Company, and was the producer and director for two of these plays, which were also performed on BBC television. Ms. Ash is now head of her own publishing firm Purple Inc Press Ltd.

As one can deduce, both are accomplished women in their own right, journeys and individual integrities.

Close to twenty years of a deeply knitted friendship unfolded between McKennitt and Ash. As close friends they did extensive traveling and shared their experiences together. Until the day arrived when a severe wedge would shatter this friendship, leaving senseless details hanging in the air, especially for Ms. Ash who regarded the whole ordeal as totally incomprehensible.

After four years passing of their falling out, Ash then decided to write an autobiography about her life with McKennitt called "Travels With Loreena McKennitt: My Life as a Friend". The book's editorial reviews described the book as not only a must for every Loreena McKennit fan, but for anyone interested in the phenomenon of "Celebrity".

The book focuses on the story of Niema Ash and her friendship with Loreena McKennitt, exploring the impact on the friendship when McKennitt rises to stardom. Ash tackles the issues surrounding fame in a personal, honest, well-written account which involves backstage glimpses into the music scene, into touring with a band and into the making of a celebrity. The recent attention given to celebrities in articles, on television and in court rooms, makes this book especially relevant.

No sooner had the book started selling copies, did Ms. McKennitt target with a lawsuit against Ms. Ash claiming her privacy was being infringed upon. The legal proceedings were held at London's High Court of Justice and at the end of a trial held in private chamber, the book was injuncted by decision of Justice David Eady with Ms. Ash made to pay £5,000 damages.

Justice David Eady of the High Court of Justice included in his ruling that the case implicated two fundamental but conflicting rights: Ms. Ash's freedom of expression; and Ms. McKennitt's right to privacy. Neither right, he stated, had precedence over the other. Instead, 'proportionality' was required to resolve the conflict between these competing interests.

Claimant Ms. McKennitt sought Article 8 of the European Convention on Human Rights (ECHR), whilst the defendant - Ms. Ash - reached for Article 10 which stipulates that a person has a right to freedom of expression. The two legal rights were in conflict in this case since McKennitt's right to privacy clashed with book author Ms. Ash's right to freedom of expression.

After Ms. McKennitt launched a legal action to ban the book, she later instead demanded that 38 separate sections be deleted, some of them as small as five lines. But it was the cause of action that was so surprising. She did not sue for libel, which is fairly normal in such circumstances, but instead claimed the book breached her privacy.

Justice David Eady, in finding for McKennitt, ruled that eight of the 38 separate book sections should be expunged. By so doing, the judge tipped the scales of balance away from freedom.

The Court ruling, however, permitted Ms. Ash to report the "general background" to the death of Miss McKennitt's fiancé in 1998, as opposed to her emotional reaction to bereavement; the "passing references to friendships with various men" and the fact that from time to time she had gone busking in London.

Afterwards, Ms. McKennitt said the ruling vindicated her stance but Ms. Ash said the judgment would have a "devastating effect" on biographers.

Overall, for lawyers, Article 8 has victoriously prevailed over Article 10, thus paving a whole new legal technique in thwarting the public from knowing the truth about the rich and famous.

In the world of literary publication, many believe this ruling may make it impossible to publish any but the most insipid biographies. It would appear, however, that UK High Courts of Justice are slowly cracking down on what they deem are "kiss and tell" stories.

According to Roy Greenslade from the UK Guardian Unlimited:

"The McKennitt-Ash case, in which one woman's freedom to air her views and describe her experiences was denied, was a clear indication that judges are stepping in where parliament has failed to tread.

Now, I'm willing to admit that we in the press have, to an extent, brought this on ourselves. There have been indefensible invasions of privacy for no good reason. Irresponsible behaviour has undermined our press freedom claims, creating a perception among the public, especially politicians, that we don't deserve to publish and be damned."

Roy Greenslade continued to mention:

"Yet, despite our foolishness, despite examples of misused power, despite the problems caused by a hydra-headed competitive media (as outlined by Tony Blair), we must not allow the courts to encroach on rights that prevent us from acting in the public interest. Of course the people don't necessarily agree with that argument right now. And they never will until, or unless, we in the media clean up our act and thereby regain their trust. Without public support our claims to act in the public interest will sound hollow - and the judges will eat further still into our freedom to publish."

Both women - Ms. McKennitt and Ms. Ash - are still involved in a legal battle, which leaves one to wonder if closure will ever be possible between these two individuals.