Posts about newspapers

FTC protects journalism’s past

The Federal Trade Commission has been nosing around how to save journalism and in its just-posted “staff discussion draft” on “potential policy recommendations to support the reinvention of journalism,” it makes its bias clear: The FTC defines journalism as what newspapers do and aligns itself with protecting the old power structure of media.

If the FTC truly wanted to reinvent journalism, the agency would instead align itself with journalism’s disruptors. But there’s none of that here. The clearest evidence: the word “blog” is used but once in 35 pages of text and then only parenthetically as an example of buying ads on topical sites (“e.g., a soccer blog…”); otherwise, it’s only a footnote. The only mention of investing in technology — the agent of disruption — comes on the 35th page (suggesting R&D for tools such as “improved electronic note-taking”). There’s not a hint of seeing a new ecosystem of news emerge — the ecosystem we study and support at CUNY — except as the entry of nonprofit entities that, by their existence, give up on the hope the market will sustain news.

If the FTC truly wanted to rethink journalism and its new opportunities and new value in our democracy, it would have written this document from the perspective of the people it is supposed to represent: the citizens, examining how we can benefit from news that is newly opened to the opportunity of collaboration and greater relevance. Instead, the document is written wholly from the perspective of the companies and institutions of the industry.

The document, like good government work, does a superb job of trying very hard to say very little. From its hearings and research, the staff outlines proposals I find frightening, but many of them are as politically absurd as they are impossible — e.g., what I’ll dub the iPad tax to put a 5% surcharge on consumer electronics to raise $4 billion for public funding of news — and the document doesn’t endorse them.

Still, it’s the document’s perspective that I find essentially corrupt: one old power structure circling its wagons around another. Change? That’s something to be resisted or thwarted, not embraced and enabled. The FTC’s mission in this administration of change — its justification for holding these hearings and doing this work — is to foster competition. Well, the internet is creating new competition in news for the first time since 1950 and the introduction of TV. But the commission focuses solely on newspapers, apologizing that it ignores broadcast — but not even apologizing for ignoring the new ecosystem of news that blogs and technology represent.

“This document will use the perspective of newspapers to exemplify the issues facing journalism as a whole,” the FTC says. And later: “[N]ewspapers have not yet found a new, sustainable business model, and there is reason for concern that such a business model may not emerge. Therefore, it is not too soon to start considering policiies that might encourage innovations to help support journalism into the future.” That is, to support newspapers’ survival. There’s the problem.

Among the ideas the FTC presents:

* “Additional intellectual property rights to support claims against news aggregators.” The document even takes on the language of Rupert Murdoch and company describing aggregators as “parasitic.” It espouses their perspective, that search engines and aggregators “use” content when, from my perspective, such use promotes and adds value to that content (and we’ll soon see how Murdoch’s properties do without it). The FTC doesn’t broach the concept of the link economy and the value and distribution created by aggregators — not to mention (and they don’t) that created by recommendations from readers via Twitter and Facebook (neither word appears).

The FTC looks at extending copyright and corralling fair use and also outlines the dangers, ending up with no recommendation, thank goodness. It also looks at proposals to extend the “hot news” doctrine of a 1918 court case by the Associated Press but doesn’t begin to grapple with the definition of hot (Tom Glocer of Reuters says his news has its highest value in its first three miliseconds) and it does acknowledge that news organizations “routinely borrow from each other.” Rip ‘n’ read, it’s called.

What disturbs me most in this section is that the FTC frets about “difficult line-drawing being proprietary facts and those in the public domain.” Proprietary facts? Is it starting down a road of trying to enable someone to own a fact the way the patent office lets someone own a method or our DNA? Good God, that’s dangerous.

* Antitrust exemptions. The FTC looks at allowing news organizations to collude to set prices to consumers and with aggregators. Isn’t that the precise opposite of what an agency charged with protecting competition for the benefit of customers should be considering? Shouldn’t the FTC recoil in horror at such sanctioned antitrust to protect incumbents’ price advantages? Not here.

* Government subsidies. After saluting the history of government subsidies for the press — namely, postal discounts, legal notice publication, assorted tax breaks, and funds for public broadcasting — the agency looks at other ideas: a journalism AmeriCorps paying journalists; increased funding for public broadcasting; a national fund for local news suggested in Columbia’s report on journalism; a tax credit for employing journalists; citizen news vouchers (a la campaign checkoff); grants to universities for reporting. It also looks at increasing the present postal subsidy (which would only further bankrupt the dying postal service in the service of dying publications); using Voice of America and Radio Free Europe content (aka propaganda) in the U.S.; and enabling the SBA to help nonprofits.

* Taxes. At least the FTC acknowledges that somebody’d have to pay for all this. In one section, the FTC looks at licensing the news: having ISPs levy a fee on us that the government then dolls out to its selected news purveyors — call that the internet tax. It’snothing but a tax and it would support incumbents surely. In another section, it examines the aforementioned iPad tax; a tax on the broadcast spectrum; a spectrum auction tax; a tax on ISPs and cell phones; and a tax on advertising (brilliant: taking a cut of the last support of news in America).

* New tax status. The document spends much space looking at ways to make journalism a tax-exempt activity and suggests the IRS should change its regulations to enable that. It also looks at changing tax law to enable hybrid corporations (“benefit” and “flexible purpose” corporations that can judge success on serving a mission and not just maximizing profits) as well as L3Cs.

* Finally, the document looks at the one thing that should be in its purview as a government agency: getting government to make its information open and accessible to view and analyze. Well, amen to that.

I’m quoted in the document from my testimony saying that I am “optimistic to a fault about the future of news and journalism. The barrier to entry into media has never been lower…. But what we do need is a level playing field.” And in a footnote: “If you’re talking about surviving, you’re talking about the perspective of the old, legacy players who had a decade and a half to get their act together, and they didn’t The future of journalism is not institutional, we now know, it is entrepreneurial.”

But this document does nothing to enable that entrepreneurial future. If you want to give somebody tax breaks — and I wouldn’t — give them to those who invest in innovation — whether as disruptors from the outside or as visionaries from the inside. I certainly would not change laws to favor incumbents over those innovators. I see no reason to provide tax subsidies to support an activity that is now a hundredfold more efficient than it used to be. Rather than restricting the flow of information by making it proprietary, I’d argue that it is in the interest of democracy to make it yet freer.

The real problem I see here, again, is the alignment of the legacy institutions of media and government. Here, the internet is not the salvation of news, journalism, and democracy. It’s the other side.

The real advice I gave the FTC is not quoted in the document. It’s this: Get off our lawn.

: DISCLOSURES: This is on my disclosures page, but it can’t hurt to repeat here that I hold stock in (but am not paid by) a platform that aggregates and is used by publishers to link to more content (Daylife). I am advising the company run by the afore-linked visionary, John Paton at Journal Register. I run the project at CUNY that is researching new business models for news. And I blog.

: I cross-posted this on Business Insider and Huffington Post; see also the discussions there.

: Thanks to Scribd, the full document is after the jump….
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Next for media

Here’s video of my talk to the Nordic Media Festival on what I think comes next in media:

: Oops. Sorry. The video was embedded here but the player had damned auto-play and no way to turn it off. Why the hell do they do that? o here’s a link.

: Now here’s video of a very similar talk I gave this week in Ottawa to the Public Policy Forum.

Future of news

I taped this show months ago and didn’t even know when it aired on PBS. It’s a not-bad discussion of the future of news with me, Steve Coll of the New America Foundation (ex of the Washington Post) and John Sturm of the Newspaper Association of America:

BTW, When I taped the show, I was not told that it was backed by the George W. Bush Institute. Didn’t affect the show, so far as I can see, but it would have been nice to know.

Finally, good news for Google

James Fallows writes an important cover story for The Atlantic on how Google wants to help save the news. It doesn’t break a single new nugget of news. It’s the piece’s attitude that makes it must reading for everyone in the news business, in the U.S. and even moreso in Europe.

Google is not the enemy. But don’t take my word for it if you don’t want to. Take Fallows’.

Fallows, who has been admirably forward-thinking and curious in his coverage of technology and media (see his test of Bing v. Google, for example), comes at the question of Google’s relationship to news as neither enemy nor fanboy. He simply wants to understand what Google’s attitude is toward the news and then what the company is doing to back up its expressed sentiments about helping save (or I’d prefer to say, advance) news. He writes:

Everyone knows that Google is killing the news business. Few people know how hard Google is trying to bring it back to life, or why the company now considers journalism’s survival crucial to its own prospects…. But after talking during the past year with engineers and strategists at Google and recently interviewing some of their counterparts inside the news industry, I am convinced that there is a larger vision for news coming out of Google; that it is not simply a charity effort to buy off critics; and that it has been pushed hard enough by people at the top of the company, especially Schmidt, to become an internalized part of the culture in what is arguably the world’s most important media organization. Google’s initiatives do not constitute a complete or easy plan for the next phase of serious journalism. But they are more promising than what I’m used to seeing elsewhere, notably in the steady stream of “Crisis of the Press”–style reports.

Fallows says that the three pillars of a new online business model for news, in Google’s view, are “distribution, engagement, and monetization.” My equivalents are the conveniently alliterative engagement (for the public), effectiveness (for advertisers), and efficiency (in the operation). That is to say, Google doesn’t touch — nor should it want or need to — the fourth and vital leg to sustainable business models for news: cost. That’s what will make it easier to get Politico’s local product, TBD.com, to profitability more easily than the competitive Washington Post can stay there. That’s why I am looking more at the entrepreneurial than institutional future of news. That’s why I think this quest Google and others are on is about more than saving newspapers and more than saving news; it’s about finding new opportunities. But nevermind that.

What Fallows finds inside Google is people who care about news, who are working to try to create new forms for news and structures for the companies that produce it, who are indeed making it a priority. He finds people who want to work together. I say news companies are fools not to at least listen.

Two dinosaurs fighting over a dodo bird

David Carr has a characteristically wry-on-rye view of the Wall Street Journal’s launch of a New York edition today and the newspaper war that supposedly ensues.

We’re supposed to celebrate newspaper wars. Good ol’ days, remember? But I think this one could be deadly.

These two former giants are fighting over a shrinking pie with no filling. The Times is third in the New York area — much of that in the tri-state suburbs — with 406k daily circulation. The Journal has 294k in the same region. The New York Daily News leads with 570k and the Post with 530k — and they each get most of that in New York City.

The Times has a large reporting staff devoted to New York — it’s big and expensive and hard to cover — and limited local advertising (especially, of course, in classified). Two years ago, I suggested that The Times drop or spin off metro and make itself a truly national newspaper. Maybe if they’d done that — not there was a chance in hell they would have — Murdoch wouldn’t have chosen New York as his battleground with them. But now he has and so now they have to fight. And they’ll carry that fight, they say, to more metro areas (though in Chicago, The Times is working with a not-for-profit partner, reducing costs).

This is not a fair fight since Murdoch doesn’t so much care about making a sustainable business as he does about