Artist Sued by Iceland’s High Fishing Firm After Faux Apology Web site

An Icelandic artwork pupil is being sued by Iceland’s largest fishing firm, Samherji, after making an paintings apologizing for its alleged position within the so-called Fishrot scandal.

The scandal takes its identify from a cache of over 30,000 paperwork leaked by a former Samherij worker in Namibia and revealed by Wikileaks in November 2019. The so-called “Fishrot Information” element e-mail correspondence between Samherji’s staff suggesting that the corporate paid hundreds of thousands of {dollars} in bribes to high-ranking politicians and officers in Namibia to amass the southern African nation’s fishing quota.

Samherji had strongly denied allegations of bribery and the ten accused Namibian officers have protested their innocence amid detention for over 4 years. The case hit Namibia’s excessive court docket on the finish of final yr and is ongoing.

In 2023, artist Oddur Eysteinn Friðriksson, often known as ODEE, made the paintings We’re Sorry. The work was a faux UK-registered web site replicating Samherji’s official web site, however with the paintings’s title plastered in massive font throughout the homepage.

“I used to be offended and saddened by the actions of Samherji in Namibia, which had been uncovered via the ‘Fishrot Information,’ and that after three years nobody had been delivered to justice or held accountable,” ODEE informed ARTnews. “I felt that nobody from Iceland had reached out to Namibia to apologize for what occurred. So, my paintings is an apology on behalf of Icelanders to the Namibian nation.”  

ODEE, who’s finding out for a masters in positive artwork on the College of Bergen, Norway, additionally despatched a press launch titled “Samherji Apologizes, Pledges Restitution and Cooperation with Authorities” to 100 overseas media shops in 20 completely different nations.

“We at Samherji wish to subject a proper apology for our involvement associated to the Fishrot scandal,” the faux press launch reads. “We acknowledge the severity of the allegations towards us, which embrace corruption, bribery, and neocolonialism. These actions have undermined Namibia’s governance and disadvantaged the nation of important revenues for well being and training. We admit to utilizing facilitation charges to allow corrupt monetary transactions, extracting earnings from Namibia, and paying minimal taxes. We additionally concede that we have now illegally benefited from mackerel quotas, which led to job losses and long-lasting injury to the Namibian financial system.”

Samherji responded to the artist’s press launch by publishing an official assertion in Could final yr.

“Samherji’s consideration has been drawn to the truth that unknown dishonest events have despatched a faux press launch in Samherji’s identify to overseas media shops,” it reads. “The identical events additionally appear to have arrange a faux web site within the identify of the corporate… It ought to be famous that neither the web site nor the press launch has any reference to Samherji or the corporate’s staff. This seems to be a deliberate assault that the corporate takes very severely.”

Across the similar time, Samherji filed a criticism within the UK, accusing ODEE of trademark infringement and malicious falsehood and searching for damages in reference to the bunk web site and press launch. A UK excessive court docket choose permitted an interim injunction final Could to take down the web site. The case continues to be ongoing.

As a part of the paintings, the artist additionally painted the phrases “WE’RE SORRY” on a wall at Iceland’s Reykjavík Artwork Museum. The mural was a part of a bunch exhibition for graduates from the Iceland College of the Arts, the place ODEE studied earlier than transferring to Norway.

ODEE has setup a GoFundMe web page to boost cash for his protection. He informed ARTnews that he might be pressured to defend himself in court docket if he fails to boost $22,500. On the time of writing, donations complete simply over $4,500.

“I’m now at a crucial juncture. My authorized crew has been working professional bono for a lot of months, however Samherji, a multi-billion greenback company, has employed ways designed to deplete our sources,” he stated. “With out monetary help at this significant level, I worry I’ll stand alone and with out correct protection within the excessive court docket of London.”

A listening to is ready to happen on the finish of September within the UK. Andra Matei, a lawyer from Paris-based regulation agency Avant-Garde Attorneys, which makes a speciality of defending artists, has been representing ODEE. She informed ARTnews that Samherji is searching for a abstract judgment, which might determine the result with out a trial.

“We wish ODEE to have his day in court docket,” Matei stated. “This case is a uncommon and distinctive alternative to stability the appropriate to freedom of expression of an artist towards the IP rights of a company, when concerns of public curiosity are at stake. Whereas that is crucial for ODEE, the case has far-reaching implications for your complete creative group. Granting [Samherji’s] declare might severely discourage artists and everybody else from talking up in inventive methods to generate necessary conversations and holding the train of private and non-private energy to account.”

Matei stated the protection she has ready is “cutting-edge.” “We’re shifting the concentrate on ODEE’s proper to freedom of expression,” she defined. “Free speech isn’t a protection you’ll usually use in an mental property case.”

The Affiliation of Icelandic Artists, in the meantime, launched a press release this week condemning Samherji’s actions.

“It’s a severe matter when a big scale worldwide company agency makes use of it´s energy and monetary superiority to outline and restrict the liberty of expression by suing an artwork pupil in a overseas court docket the place the coed has even much less means and choices to defend himself,” it reads. [We express] unconditional and unequivocal solidarity with the liberty of speech and expression of artists.”

In 2021, Samherji CEO Þorsteinn Már Baldvinsson submitted an affidavit with the Excessive Court docket of Namibia, vehemently denying any involvement or information of wrongdoing. (Samherji ex-general supervisor and whistleblower Jóhannes Stefánsson had beforehand accused Baldvinsson of being the “principal architect” of agreements between Samherji and the Namibian fishing organizations. Within the affidavit, Baldvinsson denied involvement in any such negotiations and stated he might “actually not be described because the ‘principal architect.’”)

Across the similar time, Baldvinsson launched a public assertion.

“It’s my and Samherji’s agency place that no prison offences had been dedicated in Namibia by firms on our behalf or their staff, aside from the conduct that the previous managing director has immediately confessed to and acknowledged. Nonetheless, as Samherji’s high govt, I’m chargeable for permitting the enterprise practices in Namibia to happen. It has upset our workers, pals, households, enterprise companions, prospects and others in our group. I’m very sorry that this occurred, and I sincerely apologize to all these concerned, each personally and on behalf of the corporate. Now it’s necessary to make sure that nothing like this occurs once more. We will definitely try for that.”

Samherji didn’t reply to ARTnews’ request for remark.