The Export of Corruption and Malicious Lawsuits Against Activists and Whistleblowers

In 2024, Iceland once again ranked among the top-performing nations in Transparency International’s Corruption Perceptions Index, securing eleventh place with a score of 77 out of 100. This standing out score is viewed as indicator of low corruption levels — a typical result for Iceland, which has consistently scored between 74 and 79 points over the 2014–2024 period.

However, can this conclusion be considered indisputable within the context of international business models — specifically when corporate structures based in “clean” countries engage in misconduct, “export” corrupt practices to other jurisdictions, retaliate against whistleblowers, or target activist artists through malicious legal proceedings designed to suppress public participation? The answer is complex and far from clear-cut.

A case in focus is the transnational corruption scandal known as “Fishrot,” brought to light in 2019 by Jóhannes Stefánsson. The scandal involves Samherji, an Iceland-based fishing company that allegedly secured fishing quotas through illicit means, including the bribery of public officials in Namibia. Subsequent investigations led to charges against former ministers and high-ranking government officials in Namibia, while Samherji itself became the subject of an investigation in Iceland.

Art as a Form of Criticism

In 2023, visual and performance artist ODEE created a conceptual work titled “We’re Sorry” (Samherjagjörningurinn in Icelandic). The project involved replicating the company’s official website and creating a mural at the Reykjavík Art Museum, presenting a satirical “corporate apology” regarding the “Fishrot” scandal.

Instead of addressing the substance of the criticism, the company filed a lawsuit in the High Court in London, alleging copyright infringement, trademark misuse, and malicious misrepresentation.

ODEE commented: “Due to the provocative nature [of ‘We’re Sorry’], Samherji — a multi-billion dollar company — has taken legal action against me. The case is now heading toward a trial at the High Court in London. This legal battle is not just about me; it is about defending freedom of expression and the role of art in holding powerful organizations accountable.”

The core issue here is not merely the legal dispute between a company and an artist, but the employment of a legal tactic increasingly recognized internationally as SLAPP (Strategic Lawsuits Against Public Participation) — lawsuits aimed not at seeking justice, but at intimidation and censorship.

While technically admissible, SLAPP suits violate the spirit of the law and the principles of democracy. They are designed to exhaust — financially, psychologically, and morally — individuals who dare to express a critical stance in the public interest.

In this sense, the ODEE case is symptomatic: an artist utilizing the expressive tools of contemporary art to raise moral questions finds themselves under attack through the mechanisms of corporate influence and legal systems.

Johannes Stefansson, along with artists like ODEE, are individuals who shed light on and draw attention to issues concerning transparency and the accountability of power structures.

Supporting them is not merely a moral gesture; it is a strategic necessity for safeguarding the public interest and the resilience of democracy.

Freedom of expression — whether exercised through documentation, testimony, or artistic forms — is an inalienable component of democracy.

As a member of the Whistleblowing International Network (WIN), Transparency International Bulgaria supports whistleblowers, including artists whose rights are threatened when influential figures or legal entities attempt to prevent them from sharing information in the public interest — whether that involves exposing wrongdoing, engaging in a creative project, or analyzing the impact of corporate misconduct.

Read WIN’s open letter supporting the Visual Artist ODEE’s court appeal.