Icelandic fishing company Samherji won its case on Thursday against an artist who made a false apology for his role in Namibia’s biggest corruption scandal. The High Court in London ruled in favor of the company without a trial.
Samherji sued Oddur “Odee” Fridriksson for copyright infringement and malicious lying after the artist posted a false public apology in May 2023 on a website he created that used the logo and trademark of Samherji.
The website purported to apologize on behalf of Samherji following allegations that the company had bribed Namibian officials in exchange for horse mackerel fishing quotas, allegations which Samherji denies.
Samherji argued that the website was designed to deceive people and that it violated his copyright, asking a judge to rule in his favor at a hearing in September.
Mr Fridriksson, however, declared that a decision against him would constitute an unlawful interference with his right to freedom of expression.
He described the website as an example of “culture jamming” intended to spark public debate, citing the 2004 hoax by the Yes Men, who posed as spokespersons for Dow Chemical and were interviewed live on the BBC.
But Judge Paul Teverson ruled that Mr Fridriksson had “no real chance of successfully defending the plaintiff’s claims”.
“I consider that this complaint should be resolved at this stage without the expense of a trial,” Mr. Teverson said in his written decision.
“The defendant’s artwork was executed. His hoax took place.”
Mr Teverson said he was inclined to grant Samherji an injunction requiring Fridriksson to give him control of the website. He also said he believed paying a “small amount” would cover any damage to Samherji.
Samherji did not immediately respond to a request for comment.
Andra Matei, director of the Avant-Garde Lawyers firm which assisted Mr. Fridriksson, said in a statement that “this decision has only strengthened our determination to fight this fight to the end.”
Mr Fridriksson’s website was part of an artwork called “We’re Sorry”, which was published three years after Samherji announced it was withdrawing from Namibia at the following allegations of corruption.
The alleged scheme, which was exposed by Wikileaks, began in 2014 and included relatives of ministers and civil servants, according to documents published online.
