Court in UK Denies Last Appeal of Artist for False Apology Over Accusations Against Fishing Company in "Fishrot Scandal"
The UK High Court has rejected the final appeal by Icelandic artist ODEE in a legal dispute with Samherji over his conceptual artwork, We're Sorry. The artwork, a satiric website presenting an alleged apology from Samherji related to the Fishrot scandal, was found to be "an instrument of fraud" rather than protected free expression under Article 10 of the Human Rights Act.
Judge Anthony Mann upheld a prior order requiring ODEE to relinquish control of the website and domain to Samherji. The ruling came after a hearing in London two months earlier, during which Samherji accused ODEE of intellectual copyright infringement, malicious falsehood, and passing off, among other charges.
ODEE, represented by two lawyers from the International Lawyers Project (ILP), announced plans to take the case to the European Court of Human Rights (ECHR), aiming to challenge the decision there within a four-month application window. The artist and his supporters argue the case is important for artistic freedom and public interest commentary on corruption.
Samherji, on the other hand, prevailed in the UK courts on the grounds of intellectual property infringement, malicious falsehood, and passing off. The company also argued that culture jamming, a form of activism which ODEE claimed his work represented, did not fall under the Oxford English Dictionary's definition of art. As a result, Samherji argued that We're Sorry was not a legitimate artwork.
The Fishrot scandal involves over 30,000 documents leaked by a former Samherij employee in Namibia, detailing email correspondence suggesting that Samherji paid millions in bribes to high-ranking politicians and officials in Namibia. Following this ruling in July 2025, ODEE's legal battle with Samherji is expected to continue at the ECHR.
In a statement, Samherji's then-CEO, Thorsteinn Már Baldvinsson, said he was "satisfied" with the result. Baldvinsson stepped down as CEO in May to be replaced by his son, Baldvin. In response to the ruling, Baldvinsson said that the decision "must be a matter of serious consideration for the academic institutions that gave their blessing to obvious trademark violations under the guise of artistic expression."
The ruling came following an investigation by the Icelandic District Prosecutor into Samherji's activities in Namibia, which concluded earlier this month. The UK's High Court has accepted Samherji's demand for summary judgement, deciding the outcome without a trial. Samherji is seeking damages as a result of the dispute.
- Despite the legal dispute over his digital art piece, We're Sorry, contemporary artist ODEE plans to bring the case to the European Court of Human Rights, advocating for artistic freedom and public interest commentary on corruption.
- In the UK art world, Samherji prevailed in court, arguing that culture jamming, as displayed in ODEE's website, does not fall under the Oxford English Dictionary's definition of art, and thus We're Sorry was not a legitimate artwork.
- The museum of technology, in the contemporary landscape, became a battleground between ODEE and Samherji, as the dispute over intellectual property rights and malicious falsehood continues to unfold, with We're Sorry as its centerpiece.
