Google and Facebook have decimated newspaper ad revenues. A lawsuit aims to change that.

GBH News illustration by Brendan Lynch

Previously published at GBH News.

One afternoon in early 2016, I arrived at The Boston Globe’s former headquarters in Dorchester to talk with John Henry about the state of his newspaper. Before we could begin, though, he wanted to talk about something that was bugging him.

Google, it seemed, had started slapping the word “subscription” on Globe content when it came up in searches, even though few people were likely to run into what was then a relatively porous paywall. It took months to straighten out, he complained — costing the Globe readers and, therefore, advertising revenue.

Henry’s lament illustrates the complicated relationship publishers have long had with Google. On the one hand, they complain bitterly that the dominant search engine is repurposing their journalism without paying for it. On the other hand, they depend on the clicks that Google sends their way.

Now matters may be coming to a head.

Under pressure from the Australian government, Google and Facebook have agreed to start paying for the content they repackage, MediaPost reports.

In the U.S., the News Media Alliance, which represents newspaper publishers, has long sought an exemption from antitrust law so that they could attempt to negotiate a compensation package with the two companies. There are signs that Congress may finally pass legislation to let them try.

And now, a chain of newspapers in West Virginia has filed a lawsuit charging that Google and Facebook violated antitrust laws by forming an alliance aimed at perpetuating their monopoly on digital advertising.

In order to understand exactly what the two companies — especially Google — have done to harm the news business, you need to consider two different but related practices.

First there is the matter of grabbing content, which, as Henry’s complaint shows, is convoluted: Publishers can’t live with Google and can’t live without it. Years ago, before the Google-Facebook lockdown on ad revenue was even on the horizon, publishers would argue that Google should pay them. Google would counter that it was driving traffic to news sites, thus increasing the value of advertising on those sites. There was some logic to Google’s argument, though somehow it never worked out in favor of the publishers.

The problem in recent years is that Google acquired a number of advertising businesses and now controls not just search but also the advertising associated with search. Through the use of an automated auction system, the price of digital ads is being driven ever lower, making it all but worthless. As Nicco Mele, a former deputy publisher of the Los Angeles Times, explained several years ago, a full-page weekday ad in the paper that cost $50,000 had given way to Google ads on its website that brought in less than $20 to reach the same number of readers.

“To a large extent, Facebook and Google are sucking up revenue that publishers of content should be receiving,” Mele told an audience at Harvard.

It’s the ever-shrinking value of digital advertising that’s being targeted in the West Virginia lawsuit, brought by HD Media. The small chain owns seven newspapers, most notably the Charleston Gazette-Mail and The Herald-Dispatch of Huntington. Paul Farrell, the lawyer who represents the papers, told the trade magazine Editor & Publisher that Google is leveraging its control of two entirely different businesses in order to monopolize ad revenues and squeeze out anyone else.

“They have completely monetized and commercialized their search engine, and what they’ve also done is create an advertising marketplace in which they represent and profit from the buyers and the sellers, while also owning the exchange,” Farrell was quoted as saying. “Google is the broker for the buyer and gets a commission. Google is the broker for the seller and gets a commission. Google owns, operates and sets the rules for the ad exchange. And they are also in the market themselves.”

So where does Facebook fit in? According to a lawsuit filed by several state attorneys general that was reported by The Wall Street Journal, Google and Facebook are colluding through an agreement that Google has code-named Jedi Blue. The AGs contend that Google provides Facebook with special considerations so that Facebook won’t set up a competing ad network. (Google and Facebook have denied any wrongdoing, and, in the E&P story, Google reiterated that stance with regard to the HD Media suit.)

For Google, it’s a perfect closed environment: It holds a near-monopoly on search and the programmatic advertising system through which most ads show up on news websites. And it has an agreement with Facebook aimed at staving off competition.

As Washington Post media columnist Margaret Sullivan observed, the collapse of advertising is what has led to the closure of more than 2,000 newspapers over the past 16 years — as well as the shrinkage of surviving papers like the Gazette-Mail, which won a Pulitzer Prize for its coverage of the opioid crisis in 2017.

Back when newspapers were manufactured out of dead trees, advertising was responsible for about 80% of revenue. Once they started moving online, that revenue stream was decimated, first by Craigslist, a mostly free service that scooped up nearly all the classified ads, and then by Google and Facebook.

Ironically, Craigslist founder Craig Newmark today directs much of his considerable philanthropy to the news business, and Google and Facebook spend quite a bit on various journalism initiatives as well. But whereas Newmark’s only sin was to build a better mousetrap, Google and Facebook’s dominance has more in common with the robber barons of the Gilded Age. It’s time that someone brought them to heel.

At least some newspapers have come up with a formula for overcoming the digital-advertising debacle. The New York Times, The Washington Post, The Wall Street Journal and, yes, John Henry’s Boston Globe have all reinvented themselves as successful enterprises by reducing their reliance on ads in favor of digital subscriptions.

But it’s far from clear whether that will work for local and most regional papers, and even those that are doing well run the risk of becoming overreliant on one source. A reliable stream of ad revenue, freed from the depredations of Big Tech, would go a long way toward revitalizing journalism.

The Globe will partner with the Portland Press Herald on a Spotlight reporting project

The Boston Globe will partner with the Portland Press Herald on an unspecified investigative reporting project, according to the trade publication Editor & Publisher. The partnership will produce “a multi-part investigative report that will be published by both organizations this fall.”

The project will be funded by the Spotlight Investigative Journalism Fellowship, established by the Globe and Participant Media, the producers of the movie “Spotlight.” Grants of up to $100,000 are awarded to reporters or teams of reporters. This is the first time the Globe has partnered with another news organization. The series will be published by both papers.

Scott Allen, the Globe’s assistant managing editor for projects, declined in an email to say what the topic of the reporting would be — but when I noted that the Press Herald reporter who’ll be working on the project, Penelope Overton, covers the lobster industry, Allen said that “we expect to take full advantage of her considerable expertise.”

There are some interesting intersections between the Globe and the Press Herald. The E&P story points out that Press Herald managing editor Steve Greenlee worked at the Globe for 12 years. But it goes beyond that. Lisa DeSisto, who is chief executive officer of the Press Herald and its sister papers, was previously a high-ranking business-side executive at the Globe (and, before that, a colleague of mine at The Boston Phoenix).

The two papers also have the distinction of having been pursued by Boston-area businessman Aaron Kushner, who tried to buy the Globe in 2010 and nearly succeeded in buying the Press Herald in 2012. Kushner and a team of investors ended up purchasing the Orange County Register in Southern California later in 2012. They spent considerable resources in building up the Register and acquiring and launching other papers — only to tear it all down in short order when the hoped-for revenues failed to materialize. Today the Register is owned by the notorious hedge fund Alden Global Capital. (I tell the story of Kushner’s newspaper adventures in my book “The Return of the Moguls.”)

Today the Press Herald is owned by Reade Brower, a printer, who’s built a small chain of Maine newspapers and gets generally high marks for his stewardship. The Globe, of course, is owned by billionaires John and Linda Henry.

Revered, yet today largely unheard: The life and career of Duke Ellington

Duke Ellington performs for patients Nov. 3, 1954, at the KFG Radio Studio for Fitzsimons Army Medical Center in Aurora, Colorado. (U.S. Army photo)

Louis Armstrong, Duke Ellington and Charlie Parker are often described as the three founding giants of jazz. Parker’s music comes across as modern and accessible to those of us listening today, though too modern and inaccessible when he arrived in the 1940s. Armstrong seems like an artifact from the distant past. That leaves Ellington, generally regarded as one of the great geniuses of 20th-century music but not often heard anymore unless you seek him out.

I had long wanted to know more about Ellington and his music, so I recently listened to the audio version of Terry Teachout’s 2013 biography, “Duke: A Life of Duke Ellington.” I learned a lot. But I wish, instead, that I could have listened to a series of lectures with examples from Ellington’s music. A nearly 18-hour biography of a musician with no music felt like a lost opportunity. I also would have liked a more generous telling of the Duke’s life.

One aspect that especially impressed me was that — unlike Armstrong (the subject of an earlier Teachout biography) — Ellington was largely able to elude the racist stereotypes of the day. From the earliest years of his career, Ellington was presented as an artist who came about as close to transcending race as was possible at the time. (And no, it’s still not possible today.)

Part of it was because of his manager, Irving Mills, who deserves a great deal of credit even if he and Ellington eventually had a falling-out. (Among other things, Ellington discovered Mills had lied to him about how much he’d spent on a coffin for Ellington’s mother.) Part of it was because Ellington came from a middle-class Washington family with bourgeois aspirations; Ellington was ever-conscious of acting as a Black role model. And part of it, Teachout acknowledges, is that Ellington was light-skinned.

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My problems with Teachout are three-fold. First, he dwells at excessive length on Ellington’s voracious sexual appetites. Second, he dwells at even more excessive length on Ellington’s habit of lifting what he’d heard from other musicians without giving credit. Music, and jazz in particular, is a collaborative art, and it seems to me that the point could be made without driving it home over and over. It has to be said, though, that Ellington went too far at times, so much so that he broke the heart of his closest collaborator, Billy Strayhorn.

Third, Teachout’s analysis of Ellington’s music strikes me as oftentimes pedantic and obscure. Teachout believes that Ellington’s genius was in making three-minute records, and that his longer pieces fell short because he had never studied the European classical composers to learn how it’s done. But is that really a fair criticism? Ellington was a Black composer working in an African American idiom. Maybe his longer pieces came out just the way he wanted them to.

Even so, I learned a lot. Right now I’m listening to “Never No Lament: The Blanton-Webster Band,” recorded between 1940 and ’42 and regarded as the height of Ellington’s career. And Teachout includes a lot of fascinating details, including Ellington’s receiving the Medal of Freedom from Richard Nixon at a White House reception at which Nixon sat at the piano and played “Happy Birthday” for the Duke.

In a New York Times review, James Gavin called “Duke” a “cleareyed reassessment of a man regarded in godlike terms.” Despite its flaws, I found it to be a valuable guide to a the life and work of a genius who, today, is known mainly for being well-known. It’s time to listen to Ellington anew.

Marty Baron, Walter Lippmann and the true meaning of objectivity

Walter Lippmann in 1905. Photo in the public domain.

Isaac Chotiner of The New Yorker has a terrific interview with Marty Baron, who’s retiring as executive editor of The Washington Post. I’m amused at the way Baron treats The New Yorker with the same brusqueness as he does other media outlets. For instance:

Chotiner: Why do you think [Jeff] Bezos decided to buy the Post?

Baron: You can look at what he’s said about that. I assume that you have. He’s talked about it many times.

Baron also expresses the view that local newspapers are going to have to save themselves the same way that national papers did: by persuading their readers to pay for it.

I was struck by how similar much of what Baron said was to my 2016 interview with him for “The Return of the Moguls.” Baron has his lodestar, and he follows it. But how journalists should and shouldn’t use social media is a bigger issue today than it was in 2016, so he and Chotiner talk about that quite a bit. And Baron also defines objectivity in exactly the way that I try to get it across to my students:

I do think that people have been routinely mischaracterizing what objectivity means. It really dates back a hundred years. Walter Lippmann essentially was the originator of the idea. What was the idea? It was a recognition that all of us as journalists, all of us as human beings, have preconceptions. Those preconceptions arrived from our own backgrounds, our life experiences, the people we associate with, you name it. And it’s important as we go about our reporting that we try to set those preconceptions aside — and almost approach our work in as scientific a way as possible — and to be open-minded, to be honest, to be fair, to listen generously to people, to hear what they have to say, to take it seriously into account, to do a thorough job of reporting, to do a rigorous job of reporting.

The idea of objectivity — I should make clear — it’s not neutrality, it’s not both-sides-ism, it’s not so-called balance. It’s never been that. That’s not the idea of objectivity. But once we do our reporting, once we do a rigorous job and we’re satisfied that we’ve done the job in an appropriate way, we’re supposed to tell people what we’ve actually found. Not pretend that we didn’t learn anything definitive. Not meet all sides equally if we know that they’re not equal. It’s none of that. It’s to tell people in an unflinching way what we have learned, what we have discovered.

The entire interview is well worth your time.

A Louisiana reporter files a public-records request — and gets sued for her efforts

Louisiana Attorney General Jeff Landry. Photo (cc) 2011 by Gage Skidmore.

Well, this is certainly a novel response to receiving a public-records request. The Republican attorney general of Louisiana, Jeff Landry, has sued a reporter for The Advocate and The Times-Picayune. The newspapers are seeking records about an official in the AG’s office who’s been accused of sexual misconduct. Landry has asked a judge to issue a declaratory judgment turning down the request and sealing the proceedings.

“In my 40 years as an editor, I’ve never seen a journalist get sued for requesting a public record,” Peter Kovacs, the newspaper’s editor, was quoted as saying. “We’re not intimidated. In fact, we’re more determined.” The reporter, Andrea Gallo, took to Twitter to warn: “I worry about reverse FOIA [Freedom of Information Act] suits against those who do not have my level of resources to fight back. Another reason to support local journalism!

In fact, Gallo’s fears are already coming true. According to The Washington Post, such lawsuits are on the rise, with University of Georgia professor Jonathan Peters citing such examples as a lawsuit against a student newspaper filed by a university and an education agency that sued a nonprofit seeking enrollment information. Peters told the Post:

Government officials generally claim that these actions are initiated in good faith and that it is prudent for courts to step in immediately if an agency’s disclosure obligations are unclear. But suing record requesters is unwise, democratically dangerous, and usually unlawful.

Here in Massachusetts, reporters have long since grown accustomed to having their public-records requests ignored. Thanks to a weak state law, penalties for ignoring a valid public-records request are minimal, and government officials take full advantage of that. But suing journalists for seeking public records takes matters to a new and dangerous level.

Could Gannett be looking to sell off its smaller papers?

Gannett is selling three daily newspapers in Oklahoma to a small, family-owned chain. It definitely sounds like good news. Even better news is that it may be part of a Gannett strategy to get rid of its smallest papers. I can give them a list if they’d like. Kristen Hare of Poynter Online has the details.

Don McNeil is out at The New York Times; plus, more fallout from ‘Caliphate’

Don McNeil of The New York Times has been one of my trusted sources on COVID. His long conversations with Michael Barbaro on “The Daily” have been reassuring while at the same time never minimizing the dangers posed by the pandemic. Now he’s gone over a 2019 incident in which he used racially offensive language with a group of students.

There are problems here that speak to the broken culture that seems to permeate the Times. On the one hand, McNeil was quietly disciplined at the time of the incident. It seems unfair to push him out now simply because his behavior has become public. On the other hand, his explanation of what happened doesn’t hold up. As David Folkenflik of NPR writes:

In his parting letter to colleagues, McNeil said he had used a racial slur in a context that he had thought defensible at the time, but now realizes was not.

“I was asked at dinner by a student whether I thought a classmate of hers should have been suspended for a video she had made as a 12-year-old in which she used a racial slur. To understand what was in the video, I asked if she had called someone else the slur or whether she was rapping or quoting a book title. In asking the question, I used the slur itself.”

According to the Daily Beast, parents complained that McNeil had been racially offensive at several different moments [my emphasis].

McNeil’s explanation simply doesn’t square with what parents were saying.

Folkenflik also reports on further fallout from the Times’ “Caliphate” debacle. Audio producer Andy Mills is gone because he’d been accused of what Folkenflik calls “inappropriate behavior toward female colleagues” back when he was working for public radio. Yes, and, of course, helping to create a Times podcast that turned out to be based on a massive fabrication didn’t help.

Barbaro’s own behavior regarding “Caliphate,” including intervening behind the scenes on behalf of his fiancée, has come under fire from public radio stations that carry “The Daily,” with some dropping the podcast altogether. But unlike Mills and “Caliphate” host Rukmini Callimachi, who’s been demoted, Barbaro is one of the Times’ biggest stars. We’ll have to see if this story has come to a conclusion or not.

Maybe it’s time that we all just said no to Amazon

Amazon warehouse. Photo (cc) 2015 by Scott Lewis.

We buy a fair amount of stuff from Amazon. I try to patronize local, independent businesses whenever possible, but I didn’t think there was a huge difference between buying from Amazon and buying from a big-box store. In fact, I’ve refused to set foot in a Walmart for many years.

This story in Vice News has shaken those beliefs. Lauren Kaori Gurley writes:

On January 25, hundreds of workers at an Amazon warehouse in Chicago were presented with a baffling choice: sign up for a ten-and-a-half-hour graveyard shift, or lose your job.

And apparently that’s the way it’s going to be across the company. People can’t live that way. Yes, I’m very familiar with stories about the difficult working conditions in Amazon’s warehouses, but the new policy goes well beyond that. This is unimaginably cruel, and it conjures up the sweatshops of the pre-Progressive era. It ought to be outlawed. Can’t we wait another day or two for our stuff?

Meanwhile, I’m cutting way back on Amazon.

News organizations continue to grapple with the trolls under the bridge

Anika Gupta. Photo via LinkedIn.

Can comments on news platforms be salvaged? Hailed two decades ago as a forum for empowering what Dan Gillmor and Jay Rosen called “the former audience,” they have in all too many cases devolved into an open sewer of lies, hate and racism. Remember the adage that “our audience knows more than we do”? Well, there may be something to that. But it turns out that scrolling through the comments is not the way to tap into that wisdom.

The Philadelphia Inquirer this week became the latest news organization to drop most of its comments. Closer to home, when my other employer, GBH News, ended comments a few years ago in the course of upgrading its content-management system, I didn’t hear about a single complaint.

On Thursday, Anika Gupta, the author of “How to Handle a Crowd: The Art of Creating Healthy and Dynamic Online Communities” (2020), offered some common-sense ideas that were aimed not only at news sites but also at the larger challenge of how to keep virtual discussions from spinning out of control.

In a talk via Zoom sponsored by Northeastern University’s School of Journalism, Gupta discussed her study of Make America Dinner Again, started in 2016 by two women in the San Francisco Bay Area, Tria Chang and Justine Lee, to bring people with differing political perpectives together over food and conversation. It took off, and Facebook approached Chang and Lee with the idea of making it a Facebook group as well.

To the extent that it’s worked, Gupta said, it’s because the group has grown slowly (to date, there are still fewer than 1,000 members), with lots of personal intervention. Some of the steps they’ve taken include staying away from hot-button topics such as whether abortion should be legal or if teachers should have guns. Instead, they aim for “detailed, specific, ‘sideways’ questions,” as Gupta put it in her presentation. For instance, rather than asking about abortion rights, members were asked a lengthy question about how religious people justify a particular biblical quote.

They also implemented a “one-hour rule” that limits members to posting only one comment per thread per hour, which tends to keep the temperature down.

Some of the challenges they’ve faced, Gupta said, involve questions about what to do regarding members with false or offensive views. Their decision was to take aggressive action in such cases and encourage people to leave — a different approach compared to the one generally taken by the news business.

“A lot of news organizations are uncomfortable with this ‘if you don’t like it, you can leave’ attitude,” Gupta said.

I had a chance to ask Gupta about two issues that have bedeviled news organizations: Would requiring real names make a difference? And should comments be screened before they’re posted? Gupta’s take was that real names don’t matter all that much. Even in community online forums with real-names policies, she said, “you will be shocked about what people say about their neighbors.” (Actually, no, I wouldn’t.)

Moreover, insisting on real names can drive away people afraid of being harassed. That’s especially true with women, who, studies and anecdotal evidence show, are disproportionately singled out for online abuse.

Pre-screening, she added, is a problem because it is so labor-intensive, and it may not be realistic for larger media outlets. She also said pre-screening turns comments into something like letters to the editor, since commenters know their views are going to be read by someone at the news organization.

Although it can be difficult to find a news site that has healthy, productive comments, there are a few. One is the New Haven Independent, a nonprofit I wrote about in my 2013 book, “The Wired City.”

The Independent doesn’t require real names, but it does have a number of commenters who’ve used consistent pseudonyms over time, which Gupta said is helpful in maintaining civility. The site also screens every comment before it’s posted. The editor and founder, Paul Bass, believes that leads to more and higher-quality comments, since people who want to be constructive aren’t scared off.

Still, the Independent has had its glitches. As I wrote for the Nieman Journalism Lab a number of years ago, at one point an outbreak of sociopathy led Bass to shut down the comments temporarily. When they relaunched, commenters were required to register under their real names, though they could still post pseudonymously. That action put them on notice that they could be sued — Section 230, much discussed of late, protects the Independent, not the individuals who comment on the site.

Bass continues to see value in comments, writing in a public thread on Facebook this week:

Screening is essential. We screw up sometimes, and sometimes it gets toxic. But overall almost everyone involved with our site (readers, reporters, etc.) agrees that comments section is the best part. Lively, very wide range of points of view and racial/economic backgrounds; and some people who really know a lot more than we do! But occasionally it does feel like a sewer. I do feel comfortable zapping comments and banning people. Without our comments section, we would be more removed from readers, especially those who disagree with us. I learn so much from commenters!

I do wonder, though, if the Independent’s 2005 founding has something to do with Bass’ success with comments. Facebook was barely a thing at that time, and digital culture hadn’t become as toxic as it is today. By establishing expectations right from the start, Bass has been able to maintain a relatively civil environment for more than 15 years.

And I agree with Bass that screening — by humans — is essential. Anika Gupta said Thursday that screening by artificial intelligence isn’t going to be effective anytime soon, despite the efforts of Google to develop a system that would do just that.

At the local level, in particular, maintaining a useful comments platform is essential to keeping the audience engaged. Letting the trolls invade and taking action only after the damage has been done is exactly the wrong approach.

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