If you run a company whose entire value proposition is the ability to see patterns, predict outcomes, and connect dots that others miss, youâd think someone in the building might have flagged that suing a small independent magazine over unflattering-but-accurate reporting would only guarantee that millions more people read it.
And yet, here we are.
Palantir Technologies, the infamous surveillance and data analytics giant chaired by Peter Thiel, has filed a lawsuit against Republik, a small Swiss online magazine, over a pair of investigative articles published in December. The articles, produced in collaboration with the investigative collective WAV, detailed a years-long, multi-ministry charm offensive by Palantir to sell its software to Swiss federal authorities. The campaign was, by all accounts, a comprehensive failure. Swiss agencies rejected Palantir at least nine times, with concerns ranging from data sovereignty to reputational risk to the simple fact that nobody needed the product.
The reporting was based on documents obtained through 59 freedom of information requests filed with Swiss federal agencies. The key finding was an internal Swiss Armed Forces report that concluded Palantirâs software posed unacceptable risks because sensitive military data could potentially be accessed by U.S. government intelligence agencies. As the Republik article details:
The authors of the report state that using Palantirâs software would increase dependence on a U.S. provider. It also poses the risk of losing data sovereignty and thereby national sovereignty.
Above all, however, the armyâs staff experts say it remains unclear who has access to data shared with Palantir. The following sentence from the Swiss Army report is particularly relevant: âPalantir is a U.S.-based company, which means there is a possibility that sensitive data could be accessed by the US government and intelligence services.â
As if itâs any sort of surprise that European governments are wary of betting on US tech companies with close ties to the US government. Itâs not like reports of US spies co-opting US tech companies for surveillance efforts havenât been front page news over the past twenty years. And now, this administrationâwith its willingness to antagonize everyone in Europe, and its close ties to Palantir and Thiel? Itâs no freaking wonder that the Swiss government was like âyo, maybe pass.â
So how does a sophisticated data intelligence company respond to well-sourced investigative journalism based on official government documents?
By suing the journalists, of course.
But hereâs the thing that makes this even more absurd: Palantir isnât even claiming the articles are false. The company isnât suing for defamation. It isnât seeking damages. Instead, itâs invoking a Swiss âright of replyâ statute, alleging that Republik didnât give the company a sufficient opportunity to respond. Palantir wants the court to force the magazine to publish lengthy counter-statements to each article.
According to the FT:
Palantirâs lawsuit, filed in January, is not seeking damages or making libel claims against Republik, but instead alleges that the company was not given sufficient right to reply under Swiss media law. The company objects to Republikâs presentation of the public documents and believes its right to reply has been wrongfully denied.
âŠ.
Republikâs managing director Katharina Hemmer said Palantir had wanted the magazine to publish a very lengthy counterstatement to each article. Republik believed the proposed statements did not fairly address or rebut the reporting, she said, adding that the magazine stands by its reporting.
To which I say: good. Because Palantirâs demand here is absurd. Oh boo-fucking-hoo, the big defense contractor didnât like the coverage? Pull on your big boy pants and get over it. Switzerlandâs right of reply law exists so people can correct factual errors, not so corporations can force publications to run PR copy because they didnât like the tone of accurate, document-based reporting.
And itâs worth noting: Palantir has already used other avenues to respond. The company published a blog post complaining that the Republik article âpaints a false and misleading pictureâ and âhinders important discussions about the modernization of European software.â Theyâve got the platform. If Palantir wants to push back on the story, they have many methods of doing so. Hell, they can do so on X any time they wantâon what Musk and company like to call the global town square for free speech.
But thatâs apparently not enough. Instead, a multibillion-dollar American defense and intelligence contractor is hauling a small independent Swiss magazine into court, not because anything the magazine published was wrong, but because Palantir wants to force the publication to run its talking points under legal compulsion.
Compelled speech isnât free speech, guys. And this is nothing more than a blatant intimidation campaign to frighten away reporters from reporting the truth about Palantir.
The European Federation of Journalists has called this exactly what it is: a SLAPP suitâa strategic lawsuit against public participation, designed to use the weight and cost of litigation to intimidate and punish journalists for doing their jobs.
âThe investigation conducted by WAV and Republik into Palantir is largely based on official documents that journalists were able to access thanks to Swiss freedom of information law,â notes EFJ President Maja Sever. âThe legal action brought by this powerful multinational firm against a small Swiss media start-up is, in our view, an attempt at intimidation aimed at discouraging any critical analysis of Palantirâs activities.â
And in case you didnât catch the irony: the Swiss military rejected Palantir in part because of fears about a heavy-handed American entity with uncomfortably close ties to U.S. intelligence. Palantirâs response to the reporting of that rejection? Behave like a heavy-handed American entity trying to bully a small foreign publication into submission. If anyone at Palantir had run this decision through their own pattern-recognition software, youâd hope a few red flags would have popped up.
Meanwhile, the lawsuit has done exactly what anyone with a passing familiarity with the Streisand Effect could have predicted. The original Republik articles were about the Swiss government politely but firmly declining Palantirâs advancesâan embarrassing but relatively contained story.
Now, thanks to the lawsuit, the story has gone international. The Financial Times is covering it. The European Federation of Journalists is covering it. A UK member of parliament has already cited the Republik investigation during a debate on British defense contracts with Palantir, using the story to suggest that the British government âpivot awayâ from Palantir.
The Republik investigation itself is genuinely worth reading, and not just because Palantir desperately doesnât want you to.
It paints a picture of a company that spent seven years working every angle to get Swiss federal agencies to buy its productsâapproaching the Federal Chancellery during COVID, pitching the Federal Office of Public Health on contact tracing, presenting anti-money laundering software to financial regulators, making repeated runs at the militaryâand getting turned away at every door. Sometimes embarrassingly, such as the Federal Statistical Office director apparently just ignoring Palantirâs outreach entirely.
For a company that brags about its ability to âoptimize the kill chainâ and whose CEO once told investors that âPalantir is here to disrupt⊠and, when itâs necessary, to scare our enemies and occasionally kill them,â getting politely rejected by the Swiss statistical office has to sting a little.
But suing the journalists who reported on it? When the entire basis of your lawsuit is âwe want you to publish our talking pointsâ rather than âanything you published was wrong,â it makes pretty clear you donât actually have a substantive response to the reporting. If Palantir thinks the picture is false, the remedy is to demonstrate that the documents are wrongânot to drag a small magazine through expensive litigation until it capitulates or goes broke.
Seriously, how fucking fragile are the egos in the Palantir executive suite that they canât handle a bit of mildly embarrassing reporting? Grow up.
A Zurich court is expected to rule on the case in March. Whatever the outcome, Palantir has already lost the only contest that matters: the one for public perception. For a company that sells the ability to see around corners, they apparently never thought to search âThe Streisand Effect.â
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