Art Student Sued by Iceland’s Top Fishing Company After Issuing Fake Apology for Company’s Alleged Role in ‘Fishrot Scandal’

An Icelandic art student is being sued by Iceland’s largest fishing company, Samherji, after making an artwork apologizing for its alleged role in the so-called Fishrot scandal.

The scandal takes its name from a cache of over 30,000 documents leaked by a former Samherij employee in Namibia and published by Wikileaks in November 2019. The so-called “Fishrot Files” detail email correspondence between Samherji’s employees suggesting that the company paid millions of dollars in bribes to high-ranking politicians and officials in Namibia to acquire the southern African nation’s fishing quota.

Samherji had strongly denied allegations of bribery and the ten accused Namibian officials have protested their innocence amid detention for over four years. The case hit Namibia’s high court at the end of last year and is ongoing.

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In 2023, artist Oddur Eysteinn Friðriksson, known as ODEE, made the artwork We’re Sorry. The work was a fake UK-registered website replicating Samherji’s official website, but with the artwork’s title plastered in large font across the homepage.

“I was angry and saddened by the actions of Samherji in Namibia, which were exposed through the ‘Fishrot Files,’ and that after three years no one had been brought to justice or held accountable,” ODEE told ARTnews. “I felt that no one from Iceland had reached out to Namibia to apologize for what happened. So, my artwork is an apology on behalf of Icelanders to the Namibian nation.”  

ODEE, who is studying for a masters in fine art at the University of Bergen, Norway, also sent a press release titled “Samherji Apologizes, Pledges Restitution and Cooperation with Authorities” to 100 foreign media outlets in 20 different countries.

“We at Samherji would like to issue a formal apology for our involvement related to the Fishrot scandal,” the fake press release reads. “We acknowledge the severity of the allegations against us, which include corruption, bribery, and neocolonialism. These actions have undermined Namibia’s governance and deprived the country of vital revenues for health and education. We admit to using facilitation fees to enable corrupt financial transactions, extracting profits from Namibia, and paying minimal taxes. We also concede that we have illegally benefited from mackerel quotas, which led to job losses and long-lasting damage to the Namibian economy.”

Samherji responded to the artist’s press release by publishing an official statement in May last year.

“Samherji’s attention has been drawn to the fact that unknown dishonest parties have sent a fake press release in Samherji’s name to foreign media outlets,” it reads. “The same parties also seem to have set up a fake website in the name of the company… It should be noted that neither the website nor the press release has any connection with Samherji or the company’s employees. This appears to be a planned attack that the company takes very seriously.”

Around the same time, Samherji filed a complaint in the UK, accusing ODEE of trademark infringement and malicious falsehood and seeking damages in connection with the bunk website and press release. A UK high court judge approved an interim injunction last May to take down the website. The case is still ongoing.

As part of the artwork, the artist also painted the words “WE’RE SORRY” on a wall at Iceland’s Reykjavík Art Museum. The mural was part of a group exhibition for graduates from the Iceland University of the Arts, where ODEE studied before moving to Norway.

ODEE has setup a GoFundMe page to raise money for his defense. He told ARTnews that he will be forced to defend himself in court if he fails to raise $22,500. At the time of writing, donations total just over $4,500.

“I am now at a critical juncture. My legal team has been working pro bono for many months, but Samherji, a multi-billion dollar corporation, has employed tactics designed to deplete our resources,” he said. “Without financial support at this crucial point, I fear I will stand alone and without proper defense in the high court of London.”

A hearing is set to take place at the end of September in the UK. The artist is being represented by Andra Matei, a free-speech lawyer based in Paris. ODEE is also receiving support from legal service NGO Avant-Garde Lawyers, which Matei founded and specializes in defending artists. She told ARTnews that Samherji is seeking a summary judgment, which would decide the outcome without a trial.

“We want ODEE to have his day in court,” Matei said. “This case is a rare and unique opportunity to balance the right to freedom of expression of an artist against the IP rights of a corporation, when considerations of public interest are at stake. While this is critical for ODEE, the case has far-reaching implications for the entire artistic community. Granting [Samherji’s] claim could seriously discourage artists and everyone else from speaking up in creative ways to generate important conversations and holding the exercise of public and private power to account.”

Matei said the defense she has prepared is “cutting-edge.” “We are shifting the focus on ODEE’s right to freedom of expression,” she explained. “Free speech is not a defense you would typically use in an intellectual property case.”

The Association of Icelandic Artists, meanwhile, released a statement this week condemning Samherji’s actions.

“It is a serious matter when a large scale international corporate firm uses it´s power and financial superiority to define and limit the freedom of expression by suing an art student in a foreign court where the student has even less means and options to defend himself,” it reads. [We express] unconditional and unequivocal solidarity with the freedom of speech and expression of artists.”

In 2021, Samherji CEO Þorsteinn Már Baldvinsson submitted an affidavit with the High Court of Namibia, vehemently denying any involvement or knowledge of wrongdoing. (Samherji ex-general manager and whistleblower Jóhannes Stefánsson had previously accused Baldvinsson of being the “main architect” of agreements between Samherji and the Namibian fishing organizations. In the affidavit, Baldvinsson denied involvement in any such negotiations and said he could “certainly not be described as the ‘main architect.’”)

Around the same time, Baldvinsson released a public statement.

“It is my and Samherji’s firm position that no criminal offences were committed in Namibia by companies on our behalf or their employees, apart from the conduct that the former managing director has directly confessed to and acknowledged. Nonetheless, as Samherji’s top executive, I am responsible for allowing the business practices in Namibia to take place. It has upset our staff, friends, families, business partners, customers and others in our community. I am very sorry that this happened, and I sincerely apologize to all those involved, both personally and on behalf of the company. Now it’s important to ensure that nothing like this happens again. We will certainly strive for that.”

Samherji did not reply to ARTnews’ request for comment.