$2.3 million fine for wholesaler that sold fake Aboriginal art
A wholesaler has been fined $2.3 million for deceptive conduct after pretending thousands of products made in Indonesia were made by Indigenous Australians.
Birubi Art Pty Ltd was found to have broken Australian consumer law between July 2015 and November 2017 after it sold products featuring symbols, styles and images particular to Australian Aboriginal art including didgeridoos, boomerangs and message stones.
Birubi – which closed up shop soon after November 2017 – made out as if all 50,000 products sold to retailers were made with the involvement of indigenous artists. The sale of the products made Birubi $324,210.
However, of the five product lines, two were made without the involvement of any indigenous artists. Despite this, words like “HAND MADE” and “Authentic Aboriginal art” appeared with the products.
"Birubi represented that each of the products were hand-painted by Australian Aboriginal persons and that they were made in Australia when in fact neither was true," Justice Perry said.
"The products were manufactured in Indonesia."
The Australian Competition and Consumer Commission had sought penalties against the business, with commissioner Sarah Court today welcoming the judgment.
She described Birubi’s actions as “extremely serious”.
“Not only did they mislead consumers, they were liable to cause offence and distress to Australian Aboriginal people,” Court said.
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“Engagement in the Indigenous Australian art industry is extremely important to a significant number of Australian Aboriginal people, especially those in remote regions.”
“The ACCC took this action because the misleading conduct has the potential to undermine the integrity of the industry and reduce opportunities for Australian Aboriginal peoples.”
Aboriginal Australian flag controversy
The judgment comes as the relationship between the Aboriginal flag and Australian businesses also undergoes scrutiny.
A battle erupted earlier this month after it emerged that non-indigenous company WAM Clothing was issuing “cease and desist” notices to other companies which featured the Aboriginal flag on products and clothing items.
WAM Clothing is one of three companies holding the copyright licence to use the Aboriginal flag artwork designed by indigenous artist Harold Thomas.
A Change.org petition has since been launched, seeking to change the licensing agreement around the Aboriginal flag. Nearly 40,000 people have signed the petition.
“We believe that this control of the market by a non-indigenous business has to stop,” the petition states.
With AAP.
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