Posts about News

Publishers’ political blackmail

September 15, 2022 by Jeff Jarvis
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Senator Amy Klobuchar’s oxymoronically titled Journalism Competition and Preservation Act — it might better be named the Journalism Lobby Blackmail Bill — was just dealt a kick to the kidneys by a confused Ted Cruz amendment. It is delayed but not dead. It is still wrong-headed and dangerous and here I’ll examine how.

As ever, Mike Masnick does stellar work picking apart the bill’s idiocy and impact in detail. In summary, the JCPA would require big internet companies — Google, Microsoft, Apple, and Amazon, though perhaps not the incredibly shrinking Facebook — to negotiate with midsize newspaper publishers. Freed from antitrust, the publishers may band together and demand payment for linking to their news. Yes, linking to their news. The value platforms bring in terms of promotion, distribution, and audience is not a factor in these negotiations. If agreement cannot be reached, talks go to a co-called arbitration process and the platforms can be forced to carry and pay for publishers’ content.

Stop right there. That government would force anyone to carry anyone else’s speech is a clear violation of the First Amendment. Compelled speech is not free speech. Keep in mind that the extremist right in Congress is dying to concoct ways to force platforms to carry their noxious speech; Klobuchar et al are paving a way for them. That government would force anyone to pay to link to others is a fundamental violation of the principles of the internet. Links are free. Links are speech. That government would insert itself in any way into journalism and speech is simply unconstitutional.

Let us now consider the wider context of this legislation and where it goes wrong.

Newspaper publishers do not deserve payment

God did not grant newspaper publishers the revenue they had. They chose not adapt to the internet; I spent decades watching them at close range. Competitors offered better, more efficient and effective vehicles for advertisers, who fled overpriced, inefficient, monopolistic newspapers at first opportunity. Readers, whose trust in news has been falling since the ’70s, also fled. Welcome to capitalism, boys.

Today, most newspaper chains in America are controlled by hedge funds. I briefly served on digital advisory boards for one American and one Canadian company controlled by the hedgies and witnessed what they did: selling every possible asset, cutting costs to the marrow, and stopping all investment in innovation. The JCPA offers no real means of accountability to assure that platform money would go to journalism serving communities’ needs, not straight into the pockets of the hedgies. (The JCPA shares that problem with Rupert Murdoch’s similar blackmail bill in Australia.)

Journalists should not be lobbyists

I am appalled that legacy journalistic trade organizations — led by the News Media Alliance (née Newspaper Association of America, recently merged with the former Magazine Publishers Association)— have turned into lobbyists, cashing in news’ political capital and engaging in conflict of interest in the name of protectionism. Newspapers exist to stand independent of power in government, not beggars at its trough. Journalists themselves should rise up to protest what their publishers have ganged together to do: to sell their souls.

Newspapers have a long history of antitrust

This shameful behavior of publishers is not new. When radio emerged as print’s first competitor, papers did everything possible to prevent it from competing in news. Here are a few paragraphs recounting that episode from my upcoming book with Bloomsbury, The Gutenberg Parenthesis.*

In Media at War, Gwynth Jackaway chronicled American newspapers’ opposition to broadcast in a tale of defensiveness and protectionism that would be reprised with the arrivals of television and the internet. “Having been presented with a new technology, contemporary actors voice their concerns about how the new medium will change their lives, and in so doing they reveal their vulnerabilities,” she wrote…. Newspaper publishers tried to disadvantage their new competitors, strong-arming radio executives to agree to abandon news gathering, to buy and use only reports supplied by three wire services, to limit news bulletins to five minutes, and to sell no sponsorship of news. Their agreement also prohibited commentators from even discussing news less than twelve hours old (a so-called “hot news” doctrine the Associated Press would try to establish against internet sites as late as 2009). The pact fell away as wire services and station-owning newspapers bristled under its restrictions.

Print publishers tried other tactics. They threatened to stop printing radio schedules in their newspapers, but readers protested and radio won again. They lobbied to have radio regulated by the federal government and then unironically maintained that radio companies under government control would be unreliable covering government. The newspaper press tried to have radio reporters barred from the Congressional press galleries. They called radio a “monopolistic monster” and lobbied for a European model of government control of the airwaves. They blamed radio for siphoning off advertising revenue, though the Great Depression was more likely to blame for newspapers folding or consolidating in the era. They also lobbied for the government to limit or ban advertising on radio.

All their protectionism was cloaked in self-important, sacred rhetoric, with publishers accusing radio of manifold sins. Radio, they said, spread loose statements and false rumors: fake news. Radio “filched” and “lifted” news from newspapers. Radio seduced the public with the human voice to exploit emotions, to “catch and hold attention,” and to excite listeners. Will Irwin, a muckraking print journalist, wrote in his book Propaganda and the News: “The radio, through the magic inherent in the human voice, has means of appealing to the lower nerve centers and of creating emotions which the hearer mistakes for thoughts.” Radio was “a species of show business, with overtones of peddling and soap-boxing.” Editor and Publisher maintained that “the sense of hearing does not satisfy the same intellectual craving as does the sense of reading” and the editor of American Press claimed that “most folks are eye-minded. They get only impressions through their ears; they get facts through their eyes.”

“Using the doomsday approach that so often accompanies the invocation of ‘sacred’ values,” wrote Jackaway, “they warned that the values of democracy and the survival of our political system would be endangered” if radio took on the roles of informing the electorate and serving a marketplace of ideas….

“Never,” said Jackaway, “is there the admission that public opinion might be manipulated by the printed word as well as the spoken word, or any recognition that by attempting to control radio news the press was actually infringing upon the broadcasters’ freedom of expression.”

Sound familiar? This is the same industry that today wants to be excused from antitrust law and Klobuchar et al are doing its bidding.

Government must not license and limit journalism

The JCPA sets a definition for news organizations eligible for its benefits and thus defines and de facto licenses journalists. Beware: What government giveth government may take away.

To avoid accusation that the bill would transfer money from big tech to big media, the JCPA sets a limit of 1,500 employees. It also sets a floor of $100,000 revenue. Thus, many are excluded. In our entrepreneurial program at CUNY’s Newmark Journalism School, we train independent journalists to serve communities and markets; they are too small. Our Center for Community Media and its Black, Latino, and Asian Media Initiatives work with a wide array of news organizations serving communities; many of them are too small. LION, the wonderful association serving local news organizations, says 44 percent of its members are too small.

These newcomers and publishers of color are the real innovators in journalism, not the old, tired, failing, incumbent newspapers. They are left out of the JCPA. The JCPA is aimed at companies whose papers are, in the immortal words of Goldilocks, just right — that is, the ones controlled by the hedge funds who pay the lobbyists.

The help platforms should give

I am all for technology companies helping the cause of news. In full disclosure, my school receives funds from various of the technology companies to fight disinformation, to independently study the internet, to train journalists in the new skills of product, to train community news organizations in business innovation. For years, I’ve attended Newsgeist, an event started by the Knight Foundation and Google, and there I began what is now the tradition of running a session asking, “What should Google do for news?”

Forcing payments from technology companies as this bill and others elsewhere would do is no business model. It’s blackmail. What we need instead is help to develop new models. Google does that with subscriptions and YouTube players offering monetization. Facebook used to do that in various programs but has thrown up its hands and given up on news (I frankly do not blame them). Apple and Microsoft send audience to news. Jeff Bezos saved The Post. We need more of this kind of help. JCPA does nothing to make news sustainable.

Should news even be copyrighted?

The legislation in the U.S., Australia, and Canada, as well as Germany’s Leistungsschutzrecht, Spain’s link tax, and the EU’s resulting Article 15 are all attempts to extend copyright.

In The Gutenberg Parenthesis, I also write about the origins of copyright. Note well that at the start, in the Statute of Anne of 1710 and in the first American copyright laws, news was explicitly not included. Not until 1909 in the United States did copyright law include newspapers, but even still, according to Will Slauter in Who Owns the News?, some still debated whether news articles, as opposed to literary features, were protected, for they were the product of business more than authorship.

The first, best government subsidy newspapers received was a franking privilege from the Post Office, starting in 1792, which allowed publishers to exchange editions with each other for the express purpose of copying each others’ news. This, too, from my book: “Newspapers employed ‘scissors editors’ to compile columns of reports from other papers. Editors would not complain about being copied because they copied in turn — but they would protest and loudly about not being credited…. It is ironic that newspapers — which since their founding in Strasbourg in 1605 have been compiled from news created by others — today complain that Google, Facebook, et al steal their property and value by quoting headlines and snippets from articles in the process of sending them readers via links. The publishers receive free marketing.”

I came to learn that copyright was created not to protect creators. Instead, copyright turned creation into a tradable asset, benefitting the publishers and producers who acquired rights from writers.

Just as a thought experiment, instead of extending copyright as so many legacy publishers in league with legislators wish to do, let us imagine what journalism might be today without copyright.

Without copyright, news organizations might not concentrate, as they do now, on the notion of journalism as a product to be restricted and sold to the privileged who can afford it. They are returning news to what it was before the printing press, when it was contained in expensive, exclusive newsletters called avvisi. Meanwhile, disinformation, lies, and propaganda will always fly free.

Without copyright, journalists might see news as a service that individuals and communities could choose to support — as they do public radio, The Guardian, and countless newsletters — because it is useful to them.

Without copyright, journalists might then concentrate on creating service of original value rather than employing digital scissors editors to rewrite each others’ stories into trending clickbait to make their own content to fill their own pages to attract their own SEO and social links to feed ever-decreasing programmatic CPMs.

Without copyright, they might turn all that wasted journalistic labor and talent loose on watching, reporting on, and holding accountable the politicians they are instead now lobbying.

Without copyright and the Gutenberg-era notions of content, property, and product, journalists might also feel freer to collaborate with the public, rather than speaking and selling to the public. Journalists might come to center journalism in the community rather in themselves, as we teach in our Engagement Journalism program at Newmark.

Without copyright, journalism might no longer be seen as a widget to be used as a wedge but instead a contributor to the quality of public discourse.

Do I want to get rid of copyright for news? Actually, yes, I do. I know that is not going to happen. But I can at least beg my legislators — I am looking at you, Cory Booker — not to extend and mangle copyright in the service of hedge funds and failed newspaper monopolists. Instead, let us find ways and means to support collaboration and innovation to improve news.

* The Gutenberg Parenthesis is scheduled to be published by Bloomsbury in June. You can be assured I would be sending you to a preorder link now if it existed, but it won’t until November. Watch this space.

The journalism of expectations

January 13, 2022 by Jeff Jarvis
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Beside journalism’s addiction to prediction lies another comorbidity: its presumption to set expectations.

Of course, we are well familiar with this co-occuring condition in coverage of politics, where journalists think they bring value to public discourse — which they do not — when they predict who will win an election. In the process, they set expectations about what a candidate must do to meet the pundit’s definition of “winning.”

But we see these ailments strike other areas of coverage. Take the pandemic and the economy. There is much pearl-clutching right now about inflation. Journalists have set the expectation that prices should not rise in spite of the facts that: (1) we are in the midst of an earth-shattering pandemic, (2) this affects the availability of labor, which in turn affects both (3) wages and (4) the supply chain, which in turn results in (5) higher prices for now. Media says it is a political failure that prices are rising. This is what we call a media narrative.*

Yet the economy is otherwise miraculously healthy. Unemployment is at record lows. The stock market is at highs. Savings are up. In spite of the pandemic and thanks in great measure to the incredible gift that is the internet, industry continues with few issues while local schools and businesses are on the whole open. One might think that media’s narrative would be about how fucking lucky we are in this nation to be so well-equipped to meet this challenge. But no, that’s not media’s Weltanschauung. Media wear dung-colored glasses.

Imagine a different set of expectations. Over Christmas, our daughter gave us the wonderful gift of having all our families’ 8 mm film digitized and we went through many old photos and files, including those that accompanied my 95-year-old father when we rescued him from the petri dish of viruses and malign idiocy that is Florida and finally moved him to be up with us. In one of the boxes, we found my late mother’s World War II ration booklet.

And that made me think: If we are fighting a “war” against the virus — as another of media’s narratives would wish us to believe — then why did media not set expectations of war-like measures against it, including: (1) official rationing of scarce resources, (2) price-controls to tamp down inflation caused by the scarcity of certain commodities, (3) wage controls to hold back further inflation in a time of scarce labor, (4) easing of immigration restrictions to increase the labor pool, (5) government subsidies for employment and sick leave, (6) mobilization of industry to produce the scarce resources needed, (7) mobilization of federal and state forces to augment labor and enforce rules to protect us all in mandates to (8) get vaccinated and (9) wear masks and (10) in shutdowns to hamper the virus’ spread.

There are a few answers to that hypothetical. The first is that we did not need to resort to all those drastic measures because the economy is healthy, technology has enabled us to mostly continue work (indeed, becoming more productive), and science has given us the blessing of vaccinations that arrived with incredible speed and efficacy.

The second answer is that if media had set such drastic expectations then I believe the presidential election — focused on how little Trump did to protect us and how much he did to harm us — would not have been so “close” (another media narrative based on its own expectation). Then Biden would have had the political cover to more readily take the bold actions from the list above that we do need, such as mask and vaccination mandates and mobilization of industry to make vaccines, masks, and other vital products.

The third answer is that if expectations were so dire then the current administration would be judged against them and would look pretty damned good. Oh, but media hate that narrative. It would make them look biased. We don’t find solutions. We find failure. But that, of course, is the essence of media’s bias.

Instead, media set the expectation that Normal is a street just past the next corner and failing to drive us there in time for tomorrow’s news is failure.

One of my many heresies is that news- and media-literacy are bullshit. They are mediacentric skeins intended to protect media from their own failures and blame the public for them: You, the people we serve, are just too ignorant to understand what we tell you and let’s explain to you how we do what we do so as to avoid a discussion of why we should be doing something else.

This morning, I had a long discussion in DM with two people I respect immensely about local news. It made me think about how too often the discussion in journalism these days refuses to question its presumptions (its narratives about itself):

  • That hiring more reporters in newsrooms is the goal. (But who is to say that news as it was is news as it should be?)
  • That local news is the highest virtue. (But how much do people associate themselves with geography versus affinity, interest, need, circumstance, and community now that the net allows them to connect in more ways?)
  • That people should be expected to pay a high price for news. (When over the century of mass media, news was always cheap.)
  • That news as it is is worth paying for. (So much is not.)

In the latest Reuters Institute survey of news leaders, I was heartened to see that 47 percent of respondents “worry that subscription models may be pushing journalism towards super-serving richer and more educated audiences and leaving others behind.” Amen.

Yet at the same time, 79 percent said getting audience revenue — behind paywalls — is a top priority. Almost a third expect to get “significant revenue from tech platforms for content licensing or innovation” — read, blackmail, obtained by journalism organizations cashing in their political capital through lobbying the politicians they are meant to cover so as to pressure new competitors to pay them baksheesh. That is pure protectionism. But that’s my narrative. Another 15 percent expect money from philanthropists and foundations. That is to say, they are confessing to a market failure — their failure to serve the market (not the market’s failure to serve them).

The survey reports that “publishers say the biggest barriers to innovation are the lack of money, due to wider economic challenges, and difficulty in attracting and retaining technical staff.” I’ve heard that for years — dare I call it another narrative? — and I disagree now more than ever. Innovation will not come from technology. It will come from realizing new ways to listen to and serve the public through the tools we already have. It will come from abandoning the journalistic prerogative of setting expectations for the public.

The future of journalism I wish for will come from divining means for the public to set their own expectations and judge journalism’s value based on how much we help meet them.†

* Please note that I use “narrative” throughout ironically and mockingly. See Jay Rosen:

† See also Jay on how to cover campaigns through the citizens’ agenda.

Murdoch’s law and the net

February 18, 2021 by Jeff Jarvis
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Here’s my interview with ABC News Australia and then my discussion with Mathew Ingram of the Columbia Journalism Review about the fallout from Murdoch’s media law and pressure on the platforms in Australia.The discussion with Mathew occurs on Galley, CJR’s platform for dialog. I’m posting it here because Mathew got me to sum up my views in one place.

Mathew Ingram: Over the past year, Australia has become Ground Zero in the battle over payment for content, since that country is working on a mandatory code that would force Google and Facebook to pay news publishers for using even a small portion of their articles. Both Google and Facebook have threatened to pull some or all of their services from the country if the code goes through as planned, but at the same time, Google has been cutting side deals with larger publishers — not just in Australia, but in France, Germany and a number of other countries — to pay them for featuring their content in its Google News Showcase.

We’re talking this week with journalists and other experts about how we got here and where this whole phenomenon is likely to end. Our next guest is Jeff Jarvis, who is the director of the Tow-Knight Center for Entrepreneurial Journalism at the Craig Newmark School of Journalism at the City University of New York, where he helped create the News Integrity Initiative (which is partially funded by Facebook). Prior to joining CUNY, Jeff was the president and creative director of Advance.net, the online arm of Advance Publications.

Jeff, thanks very much for doing this. Since we began this discussion series, there have been a couple of big developments, and I’d be interested in your thoughts on either or both of them: 1) News Corp. announced it has signed a deal with Google to be paid for its content, and 2) Facebook just announced that it is blocking Australian publishers from posting or sharing news, and blocking users in that country from seeing or sharing any news.

Jeff Jarvis: This is a disappointing day for the internet and for news in many ways.

First, Google: What Google’s payment to News Corp. demonstrates is that media blackmail works. Even if this is not a payment to pay directly for links, this is still a terrible precedent for the net and its architecture and ethic. No one, not Google, not you or I, should be pressured into paying for linking to content. That, as Sir Tim Berners-Lee told Australian authorities, breaks the web. I would have hoped that Google would have stood up for principle — that is for the open net. It’s a company; even I — author of a book called What Would Google Do? — should not expect too much of them. On the one hand, they are not paying for links per se. But they still paid the devil Murdoch. They caved.

As I wrote in Australia’s Crikey, I am also sorely disappointed in my old friends at The Guardian for cynically falling in league with the devil Murdoch. The Guardian was to be Australia’s guardian angel fighting him.

In the end, regulation that tries to take power away from platforms inevitably gives them more. In Europe, under the Right to be Forgotten, Google decides what we may remember. In Germany, under NetzDG, Facebook decides what speech is illegal, outside a courtroom. Now in Australia, Google decides which news organizations should get money. Small sites and startups will suffer for this is a power game; more money goes to the more powerful. I do not think Google cares much about news. There will not be much traffic to its News Showcase. The CPM cost of this — if we knew the amount — would doubtless be extraordinary. This is not a payment for news. It is baksheesh paid to Murdoch, demanded by his bagmen, the politicians in his pocket.

What also disturbs me is that news organizations, which lately turned from utopian in their coverage of technology to dystopian, never reveal their own conflict of interest in their coverage of the net and its current proprietors. The moral panic in media coverage serves media’s ends as this episode sorely demonstrates.

Let us be quite realistic about the use of these funds. It will not go to journalists. It will not improve news. It will go to the rapacious owners and hedge funds that control news companies.

Now Facebook: There are two interpretations. The positive one is that Facebook stood on principle, decided not to cave in to Murdoch’s blackmail (or not again as Zuckerberg already presented a check to News Corp’s Robert Thomson in New York a year ago), and defended the sanctity of the link on the net. The cynical interpretation is that news is a damned pain in the ass for Facebook and this moment allows them to return to a Facebook devoted to puppies, parties, and getting laid. We shall see. I worry, though, about what will happen when your Australian uncle Joe shares disinformation and you are not allowed to combat that by sharing news. I do hope researchers study the impact.

In any case, I am disappointed in the platforms for not adequately defending the principles and freedoms of the net. I am disappointed in news organizations that played along with Murdoch — just as we barely begin to come out of the nightmare he caused in the United States and just as he brings his Fox News-like poison to Australia with Sky News there and to the UK with a new news channel. This is when we in journalism should be shunning and shaming Murdoch and his cronies. Instead, news organizations danced with the devil. I hope the tune was worth the price of their souls.

A bad day for news. A bad day for the net.

Mathew Ingram: Thanks, Jeff. It does seem a little odd to me that Facebook has made so much of its commitment to quality news, and its desire to improve the information environment on its platform — Mark Zuckerberg gave a whole speech about his commitment to free speech principles — and yet an entire country has just been blocked from sharing or publishing news. Does that surprise you at all?

Jeff Jarvis: Facebook warned it would do this, so I was not surprised. They had already agreed to pay many companies for full articles for the News Tab (including News Corp.). I guess with this they said there’s no more blood to be squeezed from the stone. Even when they started News Tab, Zuckerberg said they were aware it would not get much traffic; it would be used mainly by news whales (as they call us) like you and me; I interpret that as him saying it would be unprofitable. So this may be Zuckerberg facing down the bully and saying: Enough already.

Or, again, it may be an experiment for the rest of the world. Let’s play this out a bit. I am reminded of the ridiculous front pages of Canadian newspapers last week: blank with the message, “you’ll miss us when we’re gone.” (What a statement of entitlement!) Well imagine a world in which Facebook declares the Australian move a success, making for a more pleasant user experience, and they decide to ban links to news throughout the world. [To be clear, they have not threatened that.] Will we miss them when they’re gone? I think we will.

I want to remind readers that Facebook was not started for news. Our readers took news there because we in our field did not provide the mechanisms for them to share it and discuss it with friends outside of awful comments sections. Twitter was not started for news; our readers, as witnesses to news, chose to share it there. Google was not started for news; our industry could not get its act together (see: New Century Network) to provide an overview of the news ecosystem. We could have started Next Door to allow our local readers to meet with neighbors years ago, but Silicon Valley beat us to it. Our readers deserted us because the net provided mechanisms we did not. And we did not because our colleagues in news have been too busy trying to find new ways to pay for old ways instead.

If I sound the grump today, good.

Mathew Ingram: Thanks, Jeff. It seems that the Australian government’s argument — and the argument made by governments in France and Germany, among other countries — is that while publishers have an easy way to not allow Google to index or use their content (the robots.txt file, etc.) they have no choice but to fork over their news because Google’s dominant market position makes it suicide not to do so. But at the same time, its dominance in advertising means the traffic it sends them is worth less and less. A Catch-22 if you will. Any truth to that argument?

Jeff Jarvis: They’re not “forking over their news.” That’s like saying if you take my picture you steal my soul. Publishers are benefitting tremendously from Google and Facebook sending them people — audience, users, potential members or subscribers, consumers, call them what you will. In any rational market, publishers would be paying platforms the way we used to have to pay newsstands. Only Google decided from the first not to sell links in search proper and thus they never created a market value for links. For platforms to do publishers this favor of sending them potential customers, they need to give users a preview with headlines or snippets. We all know that! Indeed, I did research years ago that found the larger the sample, the better the performance of the link; our content is our best ad.

Advertising is indeed going down. We made that bed, too. We in mass media created the attention-based advertising market that the platforms now also use, except they have more data so their ads perform better. I spent years trying to convince news publishers to create means to generate more first-party data with the mechanisms to store, analyze, and use it and I got nowhere because publishers insisted on relying on their old, mass-media ways: plain, old CPM.

And now that publishers are retreating behind paywalls, your argument on their behalf loses some oomph. Google started Subscribe with Google to help them with subscription campaigns, including giving publishers data about best prospects. Sampling is critical — it is the only way — to get subscribers. But now publishers are cutting off their noses to spite their conversion.

Mathew Ingram: Thanks Jeff. You and I both know how difficult things are for media organizations worldwide, including in Australia. Isn’t it better to have a flawed law that compels huge corporations to fund journalism in however roundabout a way, rather than have no one funding them at all?

Jeff Jarvis: Call me a cynic, but this won’t fund journalism. In many cases it will fund hedge fund owners. Have you seen any assurance from the media companies that the money they receive from Google will fund incremental work in reporting and investigation? There is no transparency on the amounts they receive. Will there be any transparency on the use of proceeds?

As you know, my friend, I get hives at the notion of government interference — even if well-intentioned — in speech and particularly in journalism; it’s very American of me. In the Australian case, we have politicians negotiating on behalf of publishers who should be watchdogs with their focus trained on these very officials. We also have big institutions — platforms and government — deciding which news outlets should get money and which should not (see: France).

And I return to the question of entitlement. If countries want to get more tax revenue from companies, should they target a particular industry: the net? If they decide to do that, who is to say that news should be the beneficiary? Why not instead benefit the communities news has harmed, lo many generations? Why not instead fund education or health care or internet access for the poor? Why fund hedgies?

Finally, I fear this money will only delay the inevitable at news companies: that is, death. We have seen that comfort only makes news companies lazy in their ways. Yes, we need to sustain journalism. But entitlement, protectionism, and blackmail are not sustainable models for that future.

Mathew Ingram: Thanks, Jeff. We are just about out of time, so one last question. It’s really easy! I definitely agree with you that news companies have blown a lot of opportunities over the years when it comes to the internet, and publishers have lined their own pockets instead. And I might even agree that the Australian code is a back-door way of funding journalism, when an outright tax would be a fairer approach. But if none of these things were to happen, where would that leave the industry? What happens when tens of thousands of news outlets cease to exist or are so poor they can barely function? How do we solve that problem as a society?

Jeff Jarvis: For years, at Newsgeists and Perugia and other such chummy venues, I have told folks from Facebook, Twitter, and especially Google that rather than their money, I wish they would give us the attention, perspective, experience, and challenge of their best and brightest. I wish we would start not with what news was (God didn’t design the newspaper) but with what society needs: better information, yes, but also ways to connect communities, to make strangers less strange, to debate constructively, to listen to each other, to join in a respectful, informed, and productive public conversation. They consistently demurred and said, “Oh, no, we don’t want to be in the position of telling news companies what to do.” Instead, they gave us Instant Articles and AMP; they worked hard to find homes for what we already did rather than pushing us to rethink and reinvent journalism in a new reality to address society’s problems. They succumbed to the blackmail of our bullies and paid the biggest among us. That is no way to invent our future together.

The big lesson of the last four years and especially the last year for me in my nation is that journalism has failed us. The election of Trump — that that could happen — is evidence against us. The fact that #LivingWhileBlack and #BlackLivesMatter as well as #MeToo were revelatory and not long since reported in mass media is an indictment of us. That the inequity of health in this country in the face of pandemic had not been known and dealt with is our guilty plea. That to get traffic we allow extremists and nuts to set the agenda rather than the needs and lives of everyday Americans is an unforgivable sin. So pardon me but I do not worship at the altar of the pressroom. I want to see us reinvent journalism around old needs and new opportunities. I want to see us collaborate with other fields and disciplines: anthropology to explain communitIes, neuroscience and psychology to explain cognition, ethics and philosopHy to guide us, history and humanities to inform us. I have a long-term vision for journalism. I just fear I am too old to see how this will turn out.

Mathew Ingram: Thanks, Jeff. And thanks again for taking the time to talk about this with us — much appreciated. Interesting times we live in!

Jeff Jarvis: Thanks, Mathew. Always a pleasure.

Scissors and Murdoch’s cynicism

February 2, 2021 by Jeff Jarvis
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Just as he broke democracy, Rupert Murdoch is trying to break the internet with his protectionist legislation in Australia to force the platforms to “negotiate” and pay news publishers for the privilege of linking to them, giving them free marketing and audience.

Facebook is threatening to pull news out of its News Feed; Google is threatening to pull out of Australia entirely rather than break the net.

In researching the book I’m writing about the Gutenberg age, I’ve come to see just how cynical the Murdoch law is, for it conveniently ignores the roots of all newspapering, made with scissors and glue and each others’ content.

For about the first century, starting in 1605, newspapers were composed almost entirely of reports copied from mailed newsletters, called avvisi, which publishers promised not to change as they printed excerpts; the value was in the selecting, cutting, and pasting. Before them the avvisi copied each other by hand. These were the first news networks.

In the United States, the Post Office Act of 1792 allowed newspapers to exchange copies in the mail for free with the clear intent of helping them copy and publish each others’ news. In fact, newspapers employed “scissors editors” to compile columns of news from other papers.

In his excellent book, Who Owns the News?: A History of Copyright, Will Slauter tells of a reader coming across Benjamin Franklin Bache, Ben Franklin’s grandson, in 1790 as he put together an edition of the General Advertiser:

There was a great heap of newspapers laying on the table, and on the floor all about you, and you had in your hand a large pair of taylors’ [sic] shears, and there you cut out of other papers as much as you thought would fill yours…. And that’s the way you make money, and then you grumble and tell us how difficult it is for one to be a Printer.

Editors did not complain about being copied because they would copy in turn. The only thing that drove them nuts was not being credited.

In 1902, The Charlotte News set a trap for an unsuspecting scissors editor at a competing paper. The News ran a story about a gang of anarchists from Vladivostok planning to kill “all the prominent rulers of the globe.” (And you thought Q was new.) Police arrested the leader, one Count Robhgien Ruomorf Laetsew. Said The News in a next edition: “If the erudite scissors editor of The Herald had read the ‘story’ carefully, he might have noticed the name of the illustrious ‘Count’ was more understandable when read backward,” as “We steal from our neighbor.”

Note well that the first copyright laws — the Statute of Anne in England in 1710 and the U.S. Copyright Act of 1790 — did not include newspapers. Said Slauter of Congress: “There is no evidence to prove that lawmakers considered including newspapers in the copyright statute and then decided not to, but there is every reason to believe that granting copyright to newspapers would not have made sense to them. Copying is what enabled news to spread….” Not until 1909 in the U.S. did copyright cover newspapers, though even then there was debate as to whether it covered news articles, for they were the product of business more than authorship and it was still believed that the sharing of news was beneficial to the formation of public opinion.

The telegraph changed newspapers’ collegial ways as proprietors formed competing news service and one, the Associated Press, tried and for a time succeeded in court to promulgate a “hot news” doctrine that said the AP could enjoin others from reporting the facts of an event while its story still had market value. This is antithetical not only to the logic of copyright — that it protects only the treatment of information, not the information itself — and to the principles of an enlightened society. In the hot news ruling, INS v. AP, Louis Brandeis dissented:

An essential element of individual property is the legal right to exclude others from enjoying it. If the property is private, the right of exclusion may be absolute; if the property is affected with a public interest, the right of exclusion is qualified. But the fact that a product of the mind has cost its producer money and labor, and has a value for which others are willing to pay, is not sufficient to ensure to it this legal attribute of property. The general rule of law is, that the noblest of human productions — knowledge, truths ascertained, conceptions, and ideas — become, after voluntary communication to others, free as the air to common use.

Let us be clear that even without free mailed exchange of newspapers and scissors editors, every single newspaper and journalistic organization still depends for its life on using the work and words of others. Imagine if newspapers started charging each other for repurposing their reporting. Imagine if sources refused to talk to newspapers without payment for their expertise and time.

Yet today we have publishers on high horses acting as if God granted them copyright and that it should extend even to quoting snippets for the purpose of discussing and linking to the news online, in the process sending news organizations audience and customers — again, for free. Germany has its Leistungsschutzrecht, or ancillary copyright law, which was going to charge the platforms for snippets but came to naught when the publishers chickened out; Spain its link tax, which forced Google News out of the country, hurting only the journalists and the public; the EU its Articles 15 & 17 of the Copyright Directive.

And Australia has its Murdoch law. Let’s imagine it passes and Google pulls out of Australia. Murdoch won’t be hurt; he owns half the news brands in the country; people know where to find them. Without Google and without news in social media, startups and small sites would be hard pressed to get a foothold in the market to compete with Murdoch. Murdoch becomes even more powerful. Coincidence? Hardly.

But Murdoch, as ever, has a larger strategy, trying to undercut what he sees as his competitor, the net, the world around. Sir Tim Berners-Lee, the creator of the web, gave testimony to Australian legislators to remind them that “the ability of web users to link to other sites was ‘fundamental to the web’ and that the the proposed media code could break it because they risked setting a precedent that ‘could make the web unworkable around the world’.” Unintended consequence? Hardly.

Need I remind you that Rupert Murdoch is, as I said on the BBC, the single most malign influence in democracy in the English-speaking world. Yet even my old friends at The Guardian, caught up in their moral panic over the net, are aligning with the devil in his quest. Instead of collaborating with Murdoch I argue that we in journalism must clean our house and shame and shun Fox and SkyNews Australia.

Now Canada is threatening to copy Australia, with Heritage Minister Steven Guilbeault announcing — on social media, no less —that “we stand in solidarity with our Australian partners” and that “when facing the web giants, we must stand united.” How about standing united for the future of the net, freedom of expression, a diversification of news oligopolies, citizens, and the public conversation?

Google and Facebook are starting to pay news publishers in other countries. But let’s be honest: As I’ve said before, that is the fruit of blackmail, of news publishers cashing in their political capital to threaten platforms with protectionist legislation such as that in Australia to get pay-offs. This is no strategy for the future; it is publishers’ admission of defeat in adapting to the net and building that future themselves. All this pay-off money will do is delay the inevitable fall of their businesses. This is a perspective you will not read in the news because it’s critical of news publishers. It is a conflict of interest never revealed. [My disclosure: Facebook has contributed to projects at my school around news disinformation and quality.]

If you want to portray this as good guys against bad guys and wish to paint big tech platforms as the bad please keep in mind that the force against them is a worse guy. But my concern here is not for Murdoch’s or the publishers’ perfidy, cynicism, and hypocrisy. It is for the future of the net, which depends upon links, neutrality, and openness to bring its power to all the people not represented and not heard in old, mass media. The net is the antidote to their monopoly power and now they are attacking the net.

I gave an interview for the ABC in Australia outlining my fears about Murdoch’s impact on the net. You’ll find a tenth of what I said here.

Attacks on the People’s Press

September 1, 2020 by Jeff Jarvis
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Donald Trump’s war on TikTok in U.S. and Rupert Murdoch’s on Facebook in Australia are not being seen for their true import: as government attacks on the people’s press, on freedom of expression, on human rights. 

In Australia, Facebook just said that if Murdoch-backed legislation requiring platforms to pay for news is enacted, the company will stop media companies — and users — from posting news on Facebook and Instagram.

Who is hurt there? The public and its conversation. The public loses access to its means of sharing and debating news. Never before in history — never before the internet — has everyone had access to a press; only the privileged had it and now the privileged will rob the people of theirs. Without the people’s press, we would not have #BlackLivesMatter, #MeToo, #OccupyWallStreet and the voices of so many too long not heard. This is a matter of human rights. 

The Australian legislation is a cynical mess. It is bald protectionism by Murdoch and the old, corporate press, requiring platforms to “negotiate” with guns to their heads for the privilege of quoting, promoting, and sending traffic, audience, and tremendous value to news sites. It is illogical. Facebook, Google, et al did not steal a penny from old media. They competed. To say that Facebook owes newspapers is a white plutocrat’s regressive view of reparations; by this logic Amazon owes Walmart who owes A&P who owes the descendents of Luigi’s corner grocery who owes a pushcart vegetable vendor on Hester Street. Facebook owes news nothing. 

This is a case of outrageous regulatory capture on Murdoch’s part. He doesn’t give a rat’s ass about news and informed democracy. He, more than any human being alive, has been the scourge of democracy in the English-speaking world. The Australian legislation aims to give money only to large publishers, like Murdoch. If Facebook makes good on its threat and bans news, then the news business as a whole will suffer but the largest players in the field, who have brand recognition — i.e., Murdoch — will gain market share over smaller and newer competitors. Murdoch will be even freer to spread his propaganda. This is an attempt by the old press to impose a Stamp Tax on the new. Facebook is right to resist, just as Google was when Spain imposed its Stamp Tax on links (and Google News left the country). 

Now to Trump’s war on TikTok. This, too, is a matter of freedom of expression. TikTok is, to my mind, the first platform to begin to make us rethink media and the line separating producer and audience, for TikTok is a collaborative platform where people do not just comment on each others content but create together. It is the one social network that Trump and his cultists have not managed to game. It is the platform that has enabled Sarah Cooper and countless citizens to mock Trump. So he hates it and wants to abuse his power to kill it. 

If TikTok goes because of government fiat, so goes Sarah Cooper’s ability to criticize the man who killed it. What could be a clearer violation of the First Amendment? Why is no one screaming this? It’s because, I think, the old press still thinks the meaning of the “press” is a machine that spreads ink. No. The internet is the people’s press. It is a machine that spreads power. 

Keep in mind that none of these platforms was built for news and their lives would all, frankly, be easier without it and the controversy and advertiser repellant it brings. Facebook was built for hookups and party pix. The people decided to use it to share and discuss news. Twitter was built to tell friends where you were drinking. The people decided to use it to share what they witness with the world, to discuss public policy, and to organize movements. Google was built to find web sites, not news, but it added the ability to find news when the people showed they wanted that. YouTube was built to stream silly videos. The people decided they would use it for everything from education to news. TikTok was built to lip-sync music. The people decided they would use it to mock the fool in the White House. 

In every case, media could have built what the platforms did. They could have provided people a place to share what they witness and discuss public issues; instead, they provided dark, dank, neglected corners in which to comment on the journalist’s content. They could have provided a place for communities to meet, gather together, to share, to assemble and act. They did not. They could have provided a place for creators to collaborate but instead they care only about their own creation. News media blew every opportunity. Their publics— their readers, viewers, listeners, users, customers — went elsewhere to take advantage of the power the internet offered them. Platforms shared that power with the public. Publishers did not. The platforms owe the publishers nothing. The publishers owe their publics apologies. 

Now, of course, cynical Murdoch and his media mates found an ideal foil in Mark Zuckerberg because, these days, nobody likes Mark, right? Why is that? In part, of course, it’s because Mark is incredibly rich and not terribly telegenic and because he cannot control the bucking bronco he is riding. But it is also because of media’s narrative about him: that he is suddenly the cause of societal ills that have been around since man learned to talk. Please keep in mind when you read media stories about Facebook that even if subconsciously, reporters are writing from a position of jealous conflict of interest. Murdoch, more than any publisher this side of Germany, has sicced his troops on Facebook, Google, Twitter, and the internet, which they believe has robbed them of their manifest destiny and dollars. 

Necessary disclosure: Facebook has funded projects related to disinformation and news at my school, some of them reaching an end. I receive nothing personally from Facebook or any technology company, other than free drinks at the conferences they hold to help the news industry. I am accused of defending Facebook, though Facebook does always not make it easy to defend and I’m often critical of it. What I am defending is the internet and the power it gives citizens at last. What I am defending is the people’s press. 

I would like to hear First Amendment lawyers and scholars in the U.S. and human-rights advocates the world around defend the people’s press from attacks in the Philippines, Russia, China, Hong Kong, Hungary, Turkey, Belarus, Brazil — and in the United States and Australia. 

None of this is new. Every time there is a new technology that enables more people to speak, those who controlled the old technology — and the power it afforded — try to prevent the people they see as interlopers from sharing that power. It happened when scribe Filippo de Strata tried to convince the doge of Venice to outlaw the press and the drunken Germans who brought it to Italy. Princes tried to grant printing monopolies to allies. Popes and kings and autocrats of late banned and burned books and the people who wrote them. England had the Stationers Company license and censor authorized publishing. Charles II tried to close coffeehouses to shut off the discussion of news in them. American newspaper publishers tried to have new radio competitors banned from broadcasting news. Each time, eventually, they lost. For speech will out. 

Teapot and lid. Left side is marked “America: Liberty Restored” and right side is marked “No Stamp Act.” 2006.0229.01ab.