Update: Why I’ve Sold My New York Times Co. Shares

UPDATED

Eleven days after I first raised the subject of the New York Times’ complicated relationship(s) with Apple (follow-up here), I’ve finally received an answer, of sorts. Sadly, the answer wasn’t to the questions I asked.

A PR person from the company, responding to one of several subsequent emails, wrote back today: “No, we are not going to comment.”

This stonewalling — this deliberate statement that the newspaper chooses to be opaque on matters that go to its editorial integrity — is disappointing, but unfortunately not entirely surprising. But it left me with no real choice on a decision I truly hate to make:

I’ve sold my small (300 shares) holding of New York Times Co. stock. I’ll be taking a loss on the transaction, but I’d never expected to make much money, if any, on my purchase in the first place; I bought NYT stock because I wanted to demonstrate my support of quality journalism.

For decades I’ve revered the New York Times. I still believe that it’s loaded with superb journalists. I hope it survives and thrives in a media environment that grows more challenging every day.

Journalism is in enough trouble as it is, and the Times’ challenges are truly daunting. Arrogant non-transparency about basic integrity only makes the situation worse. So I’ll put what money I have left from this already poor investment into something else.

Fiore’s iPad Rejection Harbinger of Bigger Story

UPDATED

It’s been more than a week since I asked a number of news organizations, chiefly the New York Times, to answer a few questions about their relationships with Apple. Specifically, I asked the Times to discuss what has become at least the appearance of a conflict of interest: Apple’s incessant promotion of the newspaper in pictures of its new iPad and highlighting of the Times’ plans to make the iPad a key platform for the news organization’s journalism, combined with the paper’s relentlessly positive coverage of the device in news columns.

In addition, I asked the Times, the Wall Street Journal and USA Today — following up on a February posting when I asked why news organizations were running into the arms of a control-freakish company — to respond to a simple question: Can Apple unilaterally disable their iPad apps if Apple decides, for any reason, that it doesn’t like the content they’re distributing? Apple has done this with many other companies’ apps and holds absolute power over what appears and doesn’t appear via its app system.

Who responded? No one. Not even a “No comment.” This is disappointing if (sadly) usurprising, but in light of other news this week it’s downright wrong.

UPDATE: A Times PR person emailed, 11 days after I first contacted the company about this, that the paper is “not going to comment.” Still no word from the others or, more recently, the Washington Post.

Yesterday, Nieman Journalism Lab’s Laura McGann had a story that should give pause even to Apple’s biggest fanboys and girls inside the news industry. In a post entitled “Mark Fiore can win a Pulitzer Prize, but he can’t get his iPhone cartoon app past Apple’s satire police,” she wrote of the newly minted Pulitzer winner in the cartooning category:

In December, Apple rejected his iPhone app, NewsToons, because, as Apple put it, his satire ‘ridicules public figures,’ a violation of the iPhone Developer Program License Agreement, which bars any apps whose content in ‘Apple’s reasonable judgement may be found objectionable, for example, materials that may be considered obscene, pornographic, or defamatory.’

My disdain for Apple’s tactics grows with almost week — and I’ll be saying more about that in a separate posting — but Apple isn’t the issue here. This is about journalism integrity, and the absolute lack of transparency America’s top news organizations are demonstrating by blowing off a totally reasonable question that these news people refuse to raise in their own pages to any serious degree. (The Times’ refusal to discuss its wider relationship with Apple is even more discouraging, and I’m getting close to selling my small stock holding to demonstrate my disgust with an organization I once absolutely revered.)

I was glad to see Columbia Journalism Review’s Ryan Chittum pursue this yesterday when he wrote, “It’s Time for the Press to Push Back Against Apple.” Will anyone? The early signs aren’t encouraging.

In a Tweet today, Publish2‘s Scott Karp asked, “Do you think news orgs should refuse to create apps for iPad/iPhone?” It’s the right question.

The answer is a qualified no. While I won’t personally want to participate as a journalist in an ecosystem where one company controls content in this way, I can understand why others might — but any self-respecting journalist would want to have absolute, in-writing guarantees that Apple could not in any way interfere with the journalism.

I see no sign of this. And I’m disgusted with journalists who participate in this system or ignore its implications, or both.

Guardian Changing Media Summit Q&A

I’m speaking next week at the Guardian’s “Changing Media Summit” conference in London, and answered a Q&A the media company has posted on the conference website. Reprinting here:

Which media companies, business and delivery models and platforms do you consider to be sustainable and which ones will go to the wall?

I’m not nearly smart enough to tell you which companies will survive. As a (very) small shareholder in the New York Times Co., and an angel investor in several online startups, I certainly hope they’ll be among the ones that last.

But some early outlines — emphasis on “early” — are beginning to emerge.

Media companies that persist in the industrial model of media, especially those reliant on advertising subsidies for content that has no basic relationship to what advertisers are trying to sell, are in the most jeopardy. Apart from the simple fact that advertising is being separated from content for excellent reasons, the industrial-age notion of distribution has been upended. Rather than creating content, and then publishing it on paper and putting it in trucks (or broadcasting via expensive towers or satellites), what we do now is create content and make it available; people come and get it. Only those media creators who understand the new dynamic have a chance at surviving the upheaval.

In the journalism sphere, I have no doubt whatever that we will replace the monopolies and oligopolies with a much more diverse and therefore more sustainable ecosystem. The enterprises will include for-profit and not-for-profit companies; and sole proprietorships and large businesses. The business models will range widely, and will be the winners from among the thousands of experiments now under way.

Those who can turn themselves into ecosystems in their own right — think Google, Twitter, etc. — will be major winners if they can become the center of ecosystems in which others innovate. When the Guardian and New York Times offer APIs to their media, they show they understand this imperative.

What does the global media industry ten years from now look like?

This will depend, in part, on how governments respond to the media and technology changes. If governments (urged on by law enforcement, big traditional media and especially back-facing copyright interests) restrict the ways we can use technology, we could easily see the Internet turned into a newer and only slightly more useful version of television.

If, on the other hand, governments allow technology and innovation to flower, we will see a media industry that dwarfs the current one in size, at least in terms of the number of people who are participating. All media will be social to one degree or another. Since information is increasingly a core feature of all products and services, media will be an even larger global industry.

What projects are you currently engaged in on a day to day basis and how are these helping to change the face of the media and technology industries?

I am spending my time on a variety of projects. The main one has been creating a digital media entrepreneurship program at Arizona State University in America, a project aimed at bringing an appreciation of the startup culture into the journalism curriculum. We believe students will be inventing many of their own jobs, and want to help them do so.

I’m also continuing my long-term work on citizen media and citizen journalism. In addition, I’ve invested in or co-founded several consumer Web companies, and have new projects in the wings. Finally, I’m finishing a new book called Mediactive, a challenge to those who create and consume media to take more responsibility for what they — and we — know.

Who do you admire in this space? Who’s inspiring you? Who’s pushing the boundaries and how?

I’m inspired by so many people that I have trouble naming just a few. But I’ll start with my students, and the students I’ve met at other campuses in America and around the world. I tell them I’m jealous of their opportunities, because they will invent the future of media and journalism.

Allow me to offer a tip of the hat to the Guardian’s Alan Rusbridger. He is a leader of exceptional talent and vision.

And what can we expect from you at the Changing Media Summit 2010?

You can expect me to listen much more than I talk, though of course I’ll discuss the things I know best. I see this summit as a wonderful learning opportunity and aim to take full advantage.

Why Journalism Organizations Should Reconsider Their Crush on Apple’s iPad

UPDATED

In the weeks since Apple announced the iPad tablet computer, the news industry and the people who watch it have been talking breathlessly about the device’s potential to help restore happier financial times to struggling journalism organizations, particularly newspapers and magazines. Perhaps the best example is a NY Times story entitled “With Apple Tablet, Print Media Hope for a Payday,” with this quote (from an anonymous source, of course):

Steve (Jobs) believes in old media companies and wants them to do well,” said a person who has seen the device and is familiar with Apple’s marketing plan for it, but who did not want to be named because talking about it might alienate him from the company. “He believes democracy is hinged on a free press and that depends on there being a professional press.”

This is laugh-out-loud stuff, for all kinds of reasons, not least the hilarious notion that Steve Jobs believes in a free press. This is the CEO of a company that practically defines the words “secretive” and “paranoid” — a company that took bloggers to court for daring to report on what sources from inside Apple have told them about upcoming products; the threat to business journalism from that case, which thankfully Apple lost, was real and scary.

Steve Jobs believes in old media, all right, as long as he can absolutely dictate the terms under which old media sells (or, to be more precise, rents) its material through the Apple orifice called the iTunes Store. The music industry discovered to its dismay that Apple’s one-price-fits-all model — not to mention Apple’s control over customer information (including addresses and credit-card numbers) — was good mainly for Apple. (To be fair, the Times story did note, amid the fawning over the iPad’s media potential, that Jobs is, as the story said, a bully.)

The App Store, through which Apple requires iPhone application developers to sell their offerings, has its own restrictions. Apple doesn’t regulate prices, though it still disintermediates developers from their customers. The bigger issue is that Apple insists on approving every app that can be sold through the store, in an approval process that is always opaque and sometimes capricious.

In recent days, Apple took its control-freakery to a new level. It unilaterally banned some iPhone apps that, in Apple’s view, were too risque for its customers, including several that depicted skimpily dressed women. The company’s excuse was that some customers found the material “objectionable,” and of course Apple wanted to make its customers comfortable and happy.

Never mind that Apple still sells pretty much the same kinds of items through big publishers like Time Warner and Playboy. That’s mere hypocrisy, however blatant.

News organizations often produce material that people find objectionable. Photographs and videos of dead people in war zones and disaster aftermaths are vital to understand the scope of such events, and they are deeply upsetting to view. Publishers and broadcasters and, more recently, digital-media providers have put them out anyway. They have every right to do so, and often an journalistic obligation.

Apple, in the role of distributor, has every right to decide what people can sell via its online store. This is not the issue.

Now, journalism organizations obviously don’t have to create apps for the iPad or iPhone. They can make their material available via Web browsers.

But Apple won’t let Flash run on the iPhone or, it says, the iPad. While HTML5 will solve some of these issues, that new standard is early in its evolution. Meanwhile, it’s clear, news organizations believe (with some experience selling apps for the iPhone) that the user experience will be better with an app, not to mention the possibility of charging money for what they produce (though they’ll be giving Apple a cut of every transaction).

Ultimately, I believe, the most important issue is whether news organizations should get in bed with a company that makes unilateral and non-transparent decisions like the ones Apple has been making about content in all kinds of ways. I say they should think hard about it, and answer either in the negative or insist on iron-clad contracts with Apple that prohibit the hardware company from any kind of interference with the journalism, ever. (As Dave Winer asked in a Twitter posting today, “Thought experiment: What happens to the Engadget app when they run a leaked Apple announcement?” (UPDATE: And Wired quotes the Washington Post (a piece from Monday Note) with another worrisome scenario.)

Understand, this is not about whether tablet computers are a good thing. They are. They will be a wonderful addition to the way we consumer and create media (more so the former, I’d guess), and I have no doubt that the iPad, like other Apple products, will set a new standard for ease of use and, in some ways, utility. (I’m a happy user of a Mac computer, for which Apple doesn’t restrict application developers’ ability to write software.)

But I watch with amazement as newspaper people drool over the iPad as some kind of industry savior. They’re putting far too much trust in a company that doesn’t deserve it.

There are No ‘Spoilers’ in News

UPDATED

NY Times Public Editor: The Olympics? Don’t Tell Me: “‘Could you please ask the editor of the front Web page to not name the winners within the headlines/sub-headlines?’ asked Ken Waters of Phoenix. Matt Gooch of Harrisonburg, Va. said he was disappointed when The Times reported the results of the men’s downhill before NBC showed the event. ‘This is not Taliban news, nor TARP news, or even Paula Jones type news,’ Gooch said. ‘There is no meaning to this except the anticipation and suspense that sports viewers feel watching the event live. Please help me understand why your organization needs to spoil the experience.’”

Good. Grief.

The fact that the ombudsman of the New York Times needs to explain to readers why his newspaper reports actual news as it happens — and Olympic results are actual news — is a depressing commentary on our nation’s entertainment-driven culture.

NBC bought U.S. TV rights to the Olympics, and NBC has chosen not to present live coverage. It wants to put the high-profile events on at night in the U.S. when it can score the biggest audience. It’s entirely about money, as the Olympics are in a general sense at this point.

But to suggest that real news organizations should defer to NBC’s greed is beyond idiotic. It’s pathetic.

Mr. Waters of Phoenix and Mr. Gooch of Harrisonburg, and others like them, need remedial education in at least three respects. First, they need to understand that news organizations are in business to report news. Second, no one is forcing them to look at the Times website in the first place.

And, third, remember: The spoiler here is NBC, which wants you to live in a fantasy world. Blame the entertainment moguls there, not real journalists, if you learn who won an event before NBC deigns to show it on TV.

Any news organization holding back on news because entertainment consumers want to live in their fantasy worlds deserves utter contempt. As a (very small) shareholder in the New York Times Co., I’m glad to see that America’s best newspaper has the right standards in this regard.

UPDATE: Several commenters have defended the notion that news organizations have some kind of duty to hold back their reports or put reports on pages where news viewers won’t have to see the reports. One commenter, who says he’s a journalism school graduate, even suggested a “civic function” in such a method. This is head-slappingly strange logic (as I responded):

To suggest there’s some kind of civic function in asking news organizations to withhold breaking news of an entertainment event (I agree the Olympics are entertainment more than anything else) is bizarre. There is no civic value in two corporate media giants colluding to help one of them make enough money to justify its overpayment for TV rights. NBC has absolutely no interest in performing a civic function; its entire motivation is the bottom line.

Your idea of “timeliness” is equally odd. No one is preventing you from structuring your news the way you want to. If you prefer not to learn about news events until later in the day, or tomorrow or next week, you have an easy way of doing this: Don’t read, listen to or watch news reports until you’re ready to learn what’s happened. You will also need to stay away from the water cooler and conversations with friends and colleagues who don’t share your desire to learn about the outcome of ski races only when a giant media corporation deems it most profitable.

I watched the skiing last night on NBC. The network severely edited the race, ignoring the runs of roughly half of the top seed (first 15 racers) because the women crashed or were otherwise deemed uninteresting to the American audience by the NBC entertainment editors. It inserted a vast number of commercials into what little of the event it decided to broadcast. This is the civic virtue you want to reward? Please.

Teach Journalists (and Students) and Business

(Here’s another excerpt from my upcoming book.)

Throughout my print-journalism career, I worked hard to stay at the edges of organization charts—the lower edges. I had opportunities to run several publications, but in the end I decided that my best role at the time was reporting, writing and (as a columnist) being an advocate. I admire many of the editors I’ve known, and have had some great bosses. But I’ve steered clear of the hiring and firing role, and—though I ran the business affairs of a group of musicians in an earlier career—I never had to make a payroll in the print media business.

Most traditional journalists have also been insulated from the business side of journalism, but not because they’ve chosen to steer clear of it—others have steered them away. Management requires them to keep away from the advertising department, as if they’d get a terminal disease if they had much contact.

This separation of church and state, as we journalists called it with such hubris, came from good motives: not to allow the advertisers—the main customers of the newspaper, if the people who supply the most revenues are the main customers—to dictate or, allegedly, even influence news coverage. This separation was always something of a fiction, given publishers’ and broadcasting station managers’ business duties and influence over the people who worked for them, but it did serve a purpose.

Unfortunately, ivory-tower isolation had more than one downside. In particular, it served, especially during the monopoly and oligopoly decades, to insulate journalists from any semblance of reality about the industries in which they worked. So when the financial underpinnings started getting shaky, more than a decade ago, the journalists were too willing cover their eyes and ears and pretend nothing was wrong. And, later, when reality arrived, layoffs and staff buyouts gathered momentum, and news organizations started getting sold to even greedier owners, the journalists suspended belief as the new owners promised they had “no plans” for further cutbacks.

My experiences on the business side of life, both early in my adulthood and more recently as co-founder of a failed startup, investor, and co-founder of a successful startup, persuade me that one of 20th century pro journalism’s cardinal flaws has been the church-state wall. By all means, tell advertisers (and mean it) that they don’t run the news operations. But a journalist who has no idea how his industry really works from a business perspective is missing way too much of the big picture.

If I ran a news organization today (or a journalism school), I’d insist that the journalists understood, appreciated and embraced the new arena we all inhabit—and that emphatically includes how business works. They’d understand the variety of financial models that support media, especially the organization they worked for, and would be versed in the lingo of CPM, SEO, and the like. I would not ask journalists to grub for the most page views, a new trend that tends to bring out the worst in media, but would very much want them to know what was happening in all parts of their enterprise, not just the content area.

Why I Like the Bay Area News Project (but Won’t Contribute My Money)

Another not-for-profit news organization is launching soon — the Bay Area News Project. It’s a worthy and important development in a metropolitan area that’s been watching (assuming that folks are actually paying attention) the slow-motion disintegration of newspaper journalism, and I’m a big fan of the founding editor, Jonathan Weber, who’s coming back to town from his five-year sojourn in Montana.

cash.jpgBut I’m disheartened by the news that the CEO — Lisa Frazier, who as far as I can tell has had little or no experience actually managing a news operation (she’s been a consultant to some big media orgs) — is being paid $400,000. Maybe she’s worth that much in the corporate world.

But this is an exorbitant salary for a fledgling nonprofit that will never be all very big compared to the kinds of nonprofits (universities, hospitals, major NGOs, etc.) that pay salaries of this kind. (And some of them go way over the top.)

Frazier’s pay isn’t nearly as much as Paul Steiger’s princely score at another nonprofit, ProPublica, but it’s just as over-the-top in its own way.

Please understand: I support the goals of these organizations. ProPublica’s journalism to date has been praiseworthy, sometimes superb, and I have no doubt that Jonathan Weber will lead the Bay Area project to do fine work as well.

But it’s clear that the principal funders and boards of directors of both projects have tin ears about how the public correctly sees not-for-profit enterprises — as organizations that people join not to make a pile of money but because they want to make the world better in some way. I’m not saying these CEOs should work for a pittance. I am saying that their pay scales send a message they may someday regret.

My bottom line with the Bay Area project, as with ProPublica, is this: I offer my best wishes and moral support for their journalistic activities, but I won’t donate any money — because the message I get from the CEO pay is that they don’t need my money. I’ll reserve my financial support for the ones that do.

(Photo from Pennsylvania attorney general’s website)

Ecosystems and Journalism

I talk a lot about ecosystems in my work. Here’s why I think the word is so important for the future of journalism.

Humanity has learned that diverse ecosystems are more stable than ones that are less diverse. The dangers of monocultures are well understood despite our reliance on them in, among many other things, modern farming and finance. When society relies on a monoculture that fails, the results are catastrophic.

A diverse ecosystem features ongoing failure and success. Entire species come and go, but the impact of losing a single species in a trulty diverse ecosystem — however unfortunte for that species — is limited. In a diverse and vibrant capitalist economy, the failure of enterprises is tragic only for the specific constituencies of those enterprises, but what Schumpeter called “creative destruction,” assuming that we have fair and enforceable rules of the road for all, ensures the long-term sustainability of the economy.

The journalistic ecosystem of past half-century, like the overall media ecosystem, was dominated by a small number of giant companies. Those enterprises, aided by governmental policies and manufacturing-era efficiencies of scale, controlled the marketplace, and grew bigger and bigger.  The collision of Internet-fueled technology and traditional media’s advertising model was cataclysmic for the big companies that dominated.

But is it catastrophic for the communities and society they served? In the short term, it’s plainly problematic, at least when we consider Big Journalism’s role as a watchdog, though the dominant companies have served in that role inconsistently, at best, especially in recent years. But the worriers appear to assume that we can’t replace what we will lose. They have no faith in the restorative power of a diverse ecosystem, because they don’t know what it’s like to be part of one.

Comcast-NBC: The Road Toward Control Over What We Create

So it’s official. Comcast has announced its intention to buy NBC Universal from GE. The danger of this cannot be overstated, but it could actually be the catalyst for a policy conversation the nation desperately needs to hold.

A Comcast-NBC combination is brazenly anti-competitve and anti-democratic. It would give one company far too much ownership over not just professionally produced media but also the ways media consumers can receive it.

Worse, if approved, it could mark the tipping point in Big Media’s push to take control over the Internet itself. That’s where we need to focus our attention.

We can come out of this the right way if the announced deal prompts Congress to stop ducking the key media consolidation issue of our time. If we can use data networks the way we choose, the traditional fears about media consolidation — the concentration of mass media in the hands of a few immensely powerful corporations — lessen over time. They’re still worth worrying about, but not as much.

No, the issue now is the truly scary media consolidation we face: the “broadband” duopoly’s increasing control over what we can do with our media. The cable and phone giants are determined to decide what bits get delivered in what order, at what speed and at what time — if they get delivered at all — to the people who want them.

It’s been obvious for years that a day like this was coming. From We the Media in 2004 (and I was hardly the first person to notice):

In a world where we may end up with one, two, or at most three broadband telecommunications providers in any given community, the end-to-end principle is in serious jeopardy. Should giant telecommunications companies—namely cable and local phone providers—have vertical control over everything from the data transport to the content itself? For example, as I was writing this book, Comcast, the cable monopoly in my area, was trying to buy Disney. The attempt failed. If this happened, Comcast could have decided to deliver Disney’s content online more quickly than someone else’s, discriminating on the basis of financial considerations. Such a regime would have been a disaster for the unimpeded flow of information. We should insist on a more horizontal system, in which the owner of the pipe is obliged to provide interconnections to competing ser­vices. Unfortunately, today’s regulatory and political power bro­kers lean in the wrong direction.

The cable and phone companies have shown again and again that they abuse their power. They are historical monopo­lies with control over vast territories given to them by govern­ments. But they used to be regulated monopolies. Increasingly, they are freeing themselves of regulation.

The threat is still more theoretical than real, at least in the United States. People in China, where the govern­ment censors Internet content, know firsthand the danger of centralized choke points.

So now it’s real. What can we do?

First, recognize how networked media work, or should. In the traditional mass media days, people who worked for big businesses created media and distributed it; they manufactured stuff and put it in trucks, or broadcast it over one-way, one-to-many distributions systems.

In an Inter-networked world we create stuff, and then we make it available, and other people come and get it. People at the edges of networks make the decisions that matter, not the people who provide the data pipes. That’s how it should work, at any rate.

Second, this suggests we shouldn’t obsess over what sound like huge issues but are actually peripheral. Specifically, I don’t care that much if Big Content ends up in just a few hands, as long as the rest of us can a) keep creating our own media and b) make it available on distributed networks without having to pay unjust toll charges.

Comcast has already started pushing its Internet users toward an entirely artificial pricing, putting usage caps on packet-switched data services, i.e. the Internet, for heavy users of data-rich applications, notably video. This has been a conflict of interest from the start, given that Comcast is primarily a video-delivery company for Big Content. Comcast’s data pipes could be used to provide much greater Internet bandwidth, but Comcast chooses to limit that kind of data, and not just for technical reasons.

Now that it would own one of the major Big Content companies, the conflicts of interest would expand in dramatic and obvious ways on the video side. I’m sure the other Big Content players can fend for themselves when it comes to keeping their cable channels; they have lots of financial and lobbying clout.

But the rest of us, especially the younger people who should be entering a data-networked world of nearly unlimited media choices, have less power. And we’re likely to be the ones, in the end, who lose the most.

Why? Because it will be in Comcast’s financial interest to clamp down as much as possible on Internet data use when it conflicts with its cable-TV business, which is to say on a constant basis.

Keep in mind that Comcast wouldn’t be the first company to have this kind of vertical content and distribution structure. Time Warner owns some cable franchises along with CNN and other media properties; Cablevision has its own content business. Phone companies have some projects under way, too.

The greater threat is where this deal would lead. It would set off a rush of other buyouts, moving more Big Content under the wings of the rest of the telecom companies. They’ll have the same incentives to restrict data usage, and unless they’re told not to do this by people who can make it stick, that’s exactly what they’ll do.

Understand this: The telecom companies are trying to remake the Internet into a form of cable television. It’s not because they’re evil, though they often behave in evil ways, but because it would be good business — for them, and the hell with the rest of us.

So where does Congress come into the picture? Everywhere, obviously, but I wish I had confidence in lawmakers’ willingness to address this.

Keep in mind how people are elected today: for the most part, despite progress in Internet organizing and fundraising, via television advertising. Will Congress take on companies that control the biggest media? Have the lawmakers ever done this, at least in recent times? Nope.

Please be clear on what’s at stake: We are heading toward a level of media control that, if the telecom companies succeed in achieving it, will threaten every bit of the work I and many others have been doing for the past decade.

I’ll say it again: This is the media-consolidation issue of the early 21st Century. If you care, call and/or write your member of Congress, before it’s too late.

FTC’s Shallow Dive into Journalism’s Future

UPDATED

As everyone knows, the nation’s scam artists, monopolists and market-riggers have all gone into hibernation during the worst economic crisis since the Great Depression. This has given the Federal Trade Commission the breathing room it needs to intercede in an arena where its role is, at best, unclear.

This week, the commission is holding a two-day workshop entitled How Will Journalism Survive the Internet Age? — the purpose of which is “to explore how the Internet has affected journalism.”

The agenda — bizarrely available only in PDF format; would someone at the agency who has a clue kindly tell the public-affairs people that it’s okay to post such things in HTML? — suggests great breadth. Speakers include old-guard media barons like Rupert Murdoch and budding barons like Arianna Huffington, but also many of the traditional and new-media folks whose names show up again and again in places like Jim Romenesko‘s Poynter blog. It’s an impressive list (and, disclosure, includes a bunch of friends as well as two university colleagues).

You’ll also note, however, that the schedule assures little depth. The time slots are arranged in a rapid-fire manner, with keynote-ish speakers having no real time to offer much more than their standard-issue talking points. Panels are even more lickety-split, with nine members in 90 minutes; let’s see, that’s about 8 minutes each plus introductions and no audience Q&A, or 6 minutes each if you want to (very briefly) include the audience.

The event comes under the FTC’s Office of Policy Planning. Here’s its mission:

The Office of Policy Planning assists the Commission to develop and implement long-range competition and consumer protection policy initiatives and advises staff on cases raising new or complex policy and legal issues.

One of the Office of Policy Planning’s primary roles involves competition advocacy, submitting filings supporting competition principles to state legislatures, regulatory boards, and officials; state and federal courts; other federal agencies; and professional organizations. The Office also organizes public workshops and issues reports on cutting-edge competition and consumer protection topics, addressing questions of substantive antitrust law, industry-specific practices, and significant national and international policy debates.

In addition to the Office of Policy Planning, several offices throughout the Commission, including the Bureau of Competition’s Office of Policy and Coordination and the Policy Studies unit within the Office of the General Counsel, also provide policy advice.


This has what to do with journalism, exactly?

Ah, we learn more in a Federal Register Notice (also PDF-only, naturally). The notice observes, in a promising start, that the Internet has created unparalleled possibilities.

The commission could have stopped there, and not bothered to hold the workshop. It could have recognized that we’re in the early days of a transition from one set of business models (most of which have not been very competitive) to an emerging, hyper-competitive sphere. There’s never been more reason for optimism than there is today, given the massive amount of journalistic and business experimentation going on all around us.

But the commission staff has much to fret about, spurred in large part by the incessant whining of the newspaper industry in recent times. (Could it also have been influenced by the fact that the FTC chairman is married to a Washington Post reporter columnist? No, this obviously had absolutely no bearing on anything.) The commission has discovered that the advertising model which once supported many kinds of journalism has eroded. Quoting several economists, the workshop notice says “public affairs reporting may indeed be particularly subject to market failure.”

Market failure? What about the market failure — which as far as I can tell never got any attention from a succession of FTC people during the past half-century — of the monopolies and oligopolies created by media organizations during that period? The public affairs journalism was, for the most part, a modest spinoff of the extortionate advertising prices they charged when they had near-absolute market power to charge anything they wished. Only when there’s real competition does the FTC get interested.

The commission, inevitably, is asking for opinions on whether federal taxpayers should subsidize journalism more directly than the indirect subsidies of low postal rates for print; giveaways of publicly owned airwaves (spectrum) to broadcasters; the odious “Newspaper Preservation Act” granting partial antitrust immunity to community newspapers, etc. Several of the speakers are surely going to rise to that bait with a loud Yes. (Believe it or not, meanwhile, the commission is asking if Congress should give journalism-related businesses even more antitrust immunity. Good grief.)

There’s only one subsidy that makes sense, only one that wouldn’t put government meddling squarely into the practice of journalism, an inevitable result of the direct subsidies being pushed by well-meaning but misguided media thinkers. It’s not on the agenda, however.

Taxpayer-assisted infrastructure — especially the postal system and low rates for sending publications — helped create the newspaper business, and enabled a lot of other commerce. Bring forward that logic to high-speed Internet access for all Americans, and enable the 21st Century communications infrastructure for all competitors.

As it is, we’re moving toward a market failure of frightening proportions, as the telecom industry clamps down, or threatens to, on people’s ability to use Internet connections as they see fit. We’re moving toward a media business consolidation that would terrify make any real champion of open markets: a cable-phone duopoly.

The Federal Communications Commission has jurisdiction over telecom, and is looking at the issue. But when it comes to how journalism will thrive in (not just survive) the Internet age, this should be high on any list of competitive issues of interest to agencies that push for competitive markets.

The word “broadband” is nowhere to be found in the FTC’s planning document. Coming from an agency that says it wants to promote competition, that speaks volumes.

UPDATE: Geoff Cowan and David Westphal write that governments support journalism to the tune of more than $1 billion a year, and note one particularly targeted form: legal advertising that goes to dominant print organizations. (They also claim that it’s a common myth that there’s no government support for media, but they don’t cite anyone of prominence who’s saying that.) They are all in favor of continuing government assistance, more so that I am, but at least they strongly urge that it remain content-neutral, something that I strongly doubt could happen if direct subsidies ever happen.