ODEE battles on to protect artistic freedom of expression against one of Europe’s largest fishing companies
The Icelandic artist ODEE who mounted a series of artworks to draw attention to the #Fishrot scandal has rejected a settlement offer from the company at the heart of the alleged corruption. At a hearing on 17 December 2024 the fishing conglomerate Samherji said they would drop their claim of £200,000+ damages if ODEE paid them £1 and handed over the co.uk domain of his spoof website “We’re Sorry”. This act would permanently remove the art piece from public view and engagement. The artist’s barrister informed the court that ODEE is appealing the decision on the basis that freedom of speech is the cornerstone of the arts.
In a statement released following the hearing, ODEE said:
“This move appears to be nothing less than an attempt to intimidate and silence me for my critique of their role in the Fishrot scandal. My artwork, We’re Sorry, was created to provoke public discourse on critical societal issues. I remain unwavering in ensuring that critical voices are not silenced.”
This latest legal development follows a hearing in November 2024, where the UK justice system ruled in favour of Samherji who claimed that ODEE’s piece infringed on their intellectual property. At the time, WIN and Protect galvanized more than 25 leading whistleblowing, accountability and free expression organisations - including Index on Censorship, Shadow World Investigations, and the Institute for Public Policy Research in Namibia - to come together to call for Samherji to drop its legal action against the artist.
See Whistleblowing Charities Unite in Support of Visual Artist
ODEE says he created the mural and a media art piece entitled “We’re Sorry” to engage the public in a vital discussion of the limits of corporate power in today’s world. This approach, often called ‘culture-jamming’, seeks to challenge abuses of power by imagining a positive alternative. He is currently doing a Master’s at Norway’s Academy of Art at the University of Bergen.
“We’re Sorry” creates a fictional apology from Samherji for its involvement in the #Fishrot scandal and a pledge to provide reparations to the people of Namibia. It allows us all to see what corporate accountability should and could look like in an age where corruption and environmental destruction go hand in hand and we stand by as local communities are deprived of their livelihoods and we are all deprived of a sustainable future.
See UNCAC Coalition: The Victims of Fishrot Require Justice
The #Fishrot scandal broke publicly in early 2019 as a trove documents leaked to Wikileaks revealed bribery at the highest levels of government in Namibia. Although initially anonymous, the information was provided by the whistleblower and former employee of Samherji in Namibia, Johannes Stefansson. He was already cooperating with the authorities in Iceland and Namibia at the time and later in 2019, ten high-level officials - including the former Ministers of Justice and Fisheries - were charged, nine of whom remain in jail. The trial was due to start in 2023 but has been repeatedly delayed by various applications from the defendants, most of which have been summarily denied.
The criminal investigation launched in Iceland into Samerjhi’s conduct is still ongoing. New information reported in October this year appears to undermine Samherji’s leadership claims that they had no idea of what was going on and insinuating that it was all down to one rogue employee, namely the whistleblower.
WIN and the other NGOs, artists and academic institutions who signed letters of support were dismayed to learn of the initial decision of the court in London and continue to rally behind ODEE and the right to challenge the notion of corporate power and its abuses through artistic and other essential forms of individual expression. Freedom of expression includes the right for the public to know about corruption and abuses of power and the right for whistleblowers to be protected for letting us know.
ODEE is currently appealing against the summary judgment and has a filing deadline of 7 January, 2025.
We will be watching this space closely and keeping you up to date.
Photograph courtesy of Ed Holland for Avant-Garde Lawyers