Artist Sued by Iceland’s Prime Fishing Firm After Pretend Apology Web site

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

The scandal takes its title 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 Recordsdata” element e-mail correspondence between Samherji’s staff suggesting that the corporate paid tens of millions 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 art work We’re Sorry. The work was a faux UK-registered web site replicating Samherji’s official web site, however with the art work’s title plastered in giant 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 Recordsdata,’ and that after three years nobody had been dropped at 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 art work is an apology on behalf of Icelanders to the Namibian nation.”  

ODEE, who’s learning for a masters in superb artwork on the College of Bergen, Norway, additionally despatched a press launch titled “Samherji Apologizes, Pledges Restitution and Cooperation with Authorities” to 100 international media shops in 20 totally different international locations.

“We at Samherji want to situation 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 significant revenues for well being and schooling. We admit to utilizing facilitation charges to allow corrupt monetary transactions, extracting earnings from Namibia, and paying minimal taxes. We additionally concede that we now have illegally benefited from mackerel quotas, which led to job losses and long-lasting injury to the Namibian economic system.”

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

“Samherji’s consideration has been drawn to the truth that unknown dishonest events have despatched a faux press launch in Samherji’s title to international media shops,” it reads. “The identical events additionally appear to have arrange a faux web site within the title 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 critically.”

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 authorized an interim injunction final Might to take down the web site. The case remains to be ongoing.

As a part of the art work, 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 shifting to Norway.

ODEE has setup a GoFundMe web page to boost cash for his protection. He informed ARTnews that he can 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 vital juncture. My authorized crew has been working professional bono for a lot of months, however Samherji, a multi-billion greenback company, has employed techniques designed to deplete our sources,” he mentioned. “With out monetary assist at this important level, I concern 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 legislation agency Avant-Garde Legal professionals, which focuses on defending artists, has been representing ODEE. She informed ARTnews that Samherji is searching for a abstract judgment, which might resolve the end result with out a trial.

“We would like ODEE to have his day in court docket,” Matei mentioned. “This case is a uncommon and distinctive alternative to steadiness the proper to freedom of expression of an artist towards the IP rights of an organization, when concerns of public curiosity are at stake. Whereas that is vital for ODEE, the case has far-reaching implications for the complete creative neighborhood. Granting [Samherji’s] declare might critically discourage artists and everybody else from talking up in inventive methods to generate essential conversations and holding the train of private and non-private energy to account.”

Matei mentioned the protection she has ready is “cutting-edge.” “We’re shifting the give attention to ODEE’s proper to freedom of expression,” she defined. “Free speech will not be a protection you’d 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 scholar in a international court docket the place the scholar 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 Courtroom 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 “important architect” of agreements between Samherji and the Namibian fishing organizations. Within the affidavit, Baldvinsson denied involvement in any such negotiations and mentioned he might “definitely not be described because the ‘important architect.’”)

Across the similar time, Baldvinsson launched a public assertion.

“It’s my and Samherji’s agency place that no legal offences had been dedicated in Namibia by corporations on our behalf or their staff, aside from the conduct that the previous managing director has instantly confessed to and acknowledged. Nonetheless, as Samherji’s prime government, I’m answerable for permitting the enterprise practices in Namibia to happen. It has upset our employees, mates, households, enterprise companions, prospects and others in our neighborhood. 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 essential to make sure that nothing like this occurs once more. We will definitely attempt for that.”

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