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By Dan Kennedy • The press, politics, technology, culture and other passions

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‘Catch and kill’ isn’t new; plus, Facebook spurns news, and why the WSJ will miss Rupe

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On April 23, 2024

In Media

Three media tidbits for your Tuesday morning:

• Catch and kill. The National Enquirer’s practice of paying for stories and of deep-sixing articles in order to gain power and influence over someone — known as “catch and kill” — didn’t start with former Enquirer owner David Pecker. Nor was Donald Trump the first alleged beneficiary. I recommend “Scandalous,” a 2019 documentary about the Enquirer that is revealing and highly entertaining. Both Bob Hope and Bill Cosby were caught dead to rights in tawdry sexual affairs, and the Enquirer killed stories about those affairs in order to force them to cooperative in cheery feature stories. Pecker’s innovation was to politicize the practice.

• Facebook and news. Back when I was reporting my 2018 book, “The Return of the Moguls,” news organizations desperately sought to use Facebook as a way of distributing their journalism. News publishers liked to talk about “the barbell,” by which they would attract readers on Facebook (one end of the barbell) and try to get them to migrate to their own digital products (the other end of the barbell), where, it was hoped, they would become paying subscribers.

In the years since, Meta executives have decided news just isn’t worth it and have throttled journalism on Facebook and other products, including Threads and Instagram. How bad is it? The Washington Post has conducted a data analysis (free link) showing that “the 25 most-cited news organizations in the United States lost 75 percent of their total user engagement on Facebook” between the first quarter of 2022 and the first quarter of 2024. It’s further evidence that news organizations’ business models shouldn’t be dependent on giant corporations with their own agendas.

• The WSJ will miss Murdoch. Axel Springer, the right-wing German media conglomerate that took over Politico in 2021, has its sights set on The Wall Street Journal, according to Ben Smith of Semafor. Rupert Murdoch, through his control of the Fox News Channel and other outlets on three continents, may be the most malignant media magnate on the planet. But he’s been a surprisingly good steward of the Journal, which after 17 years of his ownership remains one of our great newspapers. At 93, he won’t be in charge too much longer. And here’s a quote from Axel Springer CEO Mathias Döpfner that you might enjoy: “I’m all for climate change. We shouldn’t fight climate change but adjust to it.”

I’ll grant you that’s something you might see on the Journal’s editorial page even  now. Murdoch, though, has been better about not letting that bleed into the news pages than Axel Springer might be.

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Local news round-up: Disturbing revelations in NH, plus pink slime and Google’s thuggish tactics

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On April 13, 2024

In Local News

New Hampshire Statehouse in Concord. Photo (cc) 2012 by AlexiusHoratius

The Boston Globe published a story Friday about a New Hampshire state representative named Jonathan Stone, an ex-police officer who — according to recently released records that he tried to keep secret — “spoke of killing police and raping the chief’s wife and children.”

As the Globe notes, the story was broken on April 5 by Damien Fisher of InDepthNH, a nonprofit news organization that covers politics and public policy in the Granite State. Fisher’s story begins:

Republican Rep. Jon Stone’s New Hampshire law enforcement career ended when he threatened to kill fellow police officers in a shooting spree, and murder his chief after raping the chief’s wife and children, all while he was already under scrutiny for his inappropriate relationship with a teen girl, according to the internal investigation reports finally released this week.

Yikes. Fisher writes that he first filed a right-to-know request in 2020, and that the records were ordered released last month by New Hampshire’s Supreme Court. InDepthNH executive editor and founder Nancy West was a guest on our “What Works” podcast in November 2022.

In Ohio, DIY pink slime

Jack Brewster of NewsGuard, a project that tracks the rise of pink slime news sites, has written an essay for The Wall Street Journal (free link) that is at turns harrowing and hilarious. Spending just $105, he put together a website powered by artificial intelligence that’s designed to look like a local news outlet. Per his specifications, the site, which he called the Buckeye State Press, was designed with a right-wing bias, favoring Republican Senate candidate Bernie Moreno over the Democratic incumbent, U.S. Sen. Sherrod Brown.

Brewster used an Israeli-based service called Fiverr.com to build the site, which in turn was programmed by a Pakistani freelancer named Huzafa Nawaz. Brewster writes:

From there, all I had to do was answer a few questions about what kind of site I was looking for and the topics I wanted the site’s articles to cover. The domain and site hosting added an extra $25 to the total. The entire AI content farm cost me just $105, and I literally have to do nothing to operate it. It runs itself, auto-publishing dozens of articles a day based on the instructions that I gave to it.

I’ve been following developments in pink slime off and on for the past decade, and what I’ve found is that they are pretty inept. That proved to be the case with Brewster’s experiment as well — at one point his site hallucinated Brown’s attendance at a local fig festival. At some point, though, these projects are going to evolve into effective sources of political propaganda, which we all need to be concerned about.

Google plays hardball in California

As I’ve said repeatedly, I’m skeptical of legislative attempts to force Google and Facebook to pay news organizations for the journalism that they repurpose. If anything, the notion has become more nonsensical over time, as Facebook’s parent company, Meta, has made it clear that it would just as soon eliminate news content on platforms like Facebook and Threads.

Google is a different matter, but no less complicated. News publishers want money from Google, but at the same time exactly none of them add the necessary code to their sites which would make them invisible to Google, because they’re dependent on traffic from the giant search engine, too.

Still, it’s hard not to be outraged by Google’s latest tactic. According to Jeremy B. White of Politico, Google is blocking access to some local news content in parts of California as it fights against state legislation that would force them to pay news organizations. White writes:

“We have long said that this is the wrong approach to supporting journalism,” Google’s vice president for global news partnerships, Jaffer Zaidi, said in a Friday blog post. Zaidi warned the bill could “result in significant changes to the services we can offer Californians and the traffic we can provide to California publishers.”

Well, I guess so. These are the tactics of a thug, and yet another sign that the tech giants have amassed way too much power.

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The real problem with Facebook; or, taking a stroll down Indian Dick Road

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On April 6, 2024

In Technology

Facebook now allows you to post a link to a story in the Kansas Reflector that was critical of Facebook. I tested it a little while ago. As I wrote the other day, I assumed it was initially blocked not because of the actual content of the story. I offered one data point — a Johnny Cash lyric I posted a few years ago that got me in trouble, apparently because it makes reference to guns and murder. Here are two more.

First, the Reflector story that got blocked is about a climate-mitigation program called Hot Times in the Heartland. Whoa! Sounds like some kinky stuff going on in the wheat fields.

Second, one of the worst stories about Facebook censorship I’ve heard involved The Mendocino Voice. I wrote about it in our book, “What Works in Community News.” It seems that the Voice had used Facebook to pass along an important announcement from the sheriff’s office about a wildfire evacuation route. It got taken down, though it was quickly restored when the Voice howled. No explanation was ever offered, but Adrian Fernandez Baumann, the Voice’s co-founder, observed that the post included a reference to Indian Dick Road.

The real problem with Facebook — and other Meta products, like Instagram and Threads — is that Mark Zuckerberg and company refuse to invest a single penny beyond what is absolutely necessary to create a better product. Everything is automated, robo-censors control our lives, and complaining is only occasionally successful.

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A nonprofit news outlet gets blocked by Facebook after publishing a critical story

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On April 4, 2024

In Technology

The Kansas Reflector, which has done some great work in exposing the illegal police raid on the Marion County Record in rural Kansas, got blocked by Facebook for what it reports was seven hours earlier today. Indeed, I got a notice from Facebook that something I’d linked to in the Reflector last August was being taken down.

Folks at the Reflector, a nonprofit that’s part of the States Newsroom network, are wondering if a story they published that was critical of Facebook had anything to do with it. Probably not. I’ve been kicking the hell out of Facebook for years without any problem. The only time I can remember ending up in Facebook purgatory was when I answered a question about the greatest single line in a song. My offending answer: “I shot a man in Reno just to watch him die.” Guns, death, algorithms!

The Reflector quotes a Twitter post from Meta spokesman Andy Stone, who said, “This was an error that had nothing to do with the Reflector’s recent criticism of Meta. It has since been reversed and we apologize to the Reflector and its readers for the mistake.” As of this writing, though, you still can’t share a link to the story that criticized Facebook. I tried just to see what would happen and got the following message: “Posts that look like spam according to our Community Guidelines are blocked on Facebook and can’t be edited.”

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An odd omission

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On April 3, 2024

In Media

An editorial in The Boston Globe about hospitals, internet cookies and online privacy notes that several non-hospital businesses have gotten tangled up in lawsuits — among them The Philadelphia Inquirer, which “faces a federal lawsuit filed by two subscribers to its website for its use of Meta Pixel tracking software.” Yet no mention is made of a lawsuit against The Boston Globe, which in 2023 reached a $5 million settlement for sending user video data to Facebook. As far as I can tell, the two cases are identical, or close to it. (The Globe denied any wrongdoing.)

Many of us Globe subscribers received small checks earlier this year as a result of the settlement. Globe editorial page editor James Dao declined to comment on the omission when I contacted him today. This is hardly a big deal, and the Inquirer angle wasn’t especially relevant to the editorial’s larger point, which involves state law. But it strikes me that if the Globe was going to mention the Inquirer then it should have mentioned its own situation as well.

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Illinois seeks to bolster community journalism. Plus, a local news round-up.

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On February 22, 2024

In Local News

The Illinois Statehouse. Photo (cc) 2023 by Warren LeMay.

Illinois lawmakers this week unveiled a massive package aimed at bolstering local news. According to Mark Caro of the Local News Initiative, based at Northwestern University in Chicago, the package comprises two separate bills:

The Journalism Preservation Act would require Big Tech companies such as Google and Facebook to compensate news organizations for the content that they share, display or link to on their platforms. The Strengthening Community Media Act offers a broad array of incentives, tax breaks and scholarships intended to repopulate local newsrooms. Included in that bill is a provision that calls for 120 days’ written notice before a local news organization may be sold to an out-of-state company.

As I’ve said before, I’m less than enthusiastic about going after the tech platforms, which presupposes that they are somehow stealing journalistic content without paying for it. Facebook executives have made it clear that they can live quite nicely without news. With respect to Google, media outlets find themselves in the awkward situation of demanding compensation while at the same time depending on the search giant to drive traffic to their websites. Indeed, any one of them could insert a simple line of code in their sites that would make them invisible to Google. None of them does. I would like to see Google and Facebook do more for local news, and maybe it ought to be mandated. But this bill seems like too much of a blunt instrument, as does similar legislation being pushed by Sen. Amy Klobuchar at the federal level.

The second Illinois bill includes a number of different ideas. I particularly like the proposed requirement for a 120-day notification period. As Steven Waldman, the president of Rebuild Local News, said recently on the podcast “E&P Reports,” a mandatory delay can give communities time to rally and prevent their local newspaper from falling into the hands of chain ownership.

Other provisions of the Strengthening Community Media Act would mandate that state agencies advertise with local news outlets, provide tax credits to publishers for hiring and retaining journalists, enact additional tax credits for small businesses that advertise with local outlets, and create scholarships for students who agree to work at a local Illinois news organization for two years or more.

It’s good to see action taking place at the state level given that several federal proposals in recent years have gone nowhere despite bipartisan support. It’s also notable that the proposals were drafted by Illinois’ Local Journalism Task Force, which was created in August 2021. Here in Massachusetts, legislation was signed by then-Gov. Charlie Baker way back in January 2021 to create a commission that would study local news. I had a hand in drafting that legislation and would be one of its members, but the commission has yet to get off the ground.

There are several other developments in local news that are worth taking note of.

• Gannett is making a $2 million investment in its Indianapolis Star aimed at bolstering the newsroom and the advertising sales staff. Two top Gannett executives recently appeared on “E&P Reports” about Gannett’s plans to reinvest in its properties. Unfortunately, Holly V. Hayes of the Indy Star writes, “This is the only site in the USA TODAY Network, which includes more than 200 local publications across the country, where such an investment is being made.” My hope is that if the investment leads to a boost in circulation and revenues, then it will serve as a model for what Gannett might do elsewhere.

• A new hyperlocal news project has made its debut in Boston. The Seaport Journal, a digital news outlet, covers the city’s newest neighborhood. Meanwhile, the Marblehead Beacon, one of three independent projects covering that town, has announced that it’s ending regular coverage but will continue to “pursue periodic and unique pieces, and shift away from daily, weekly, or otherwise regular articles.” A reminder: We track independent local news organizations in Massachusetts, and you can find a link to our list in the upper right corner of this website. Just look for “Mass. Indy News.”

• Local access cable television plays an important role in community journalism by carrying public meetings, providing a platform for residents to make their own media, and, in some cases, by covering the news directly. Unfortunately, cord-cutting has placed access television at risk since stations’ income is based on a fee assessed to cable providers for each subscriber. In CommonWealth Beacon, Caleb Tobin, a production technician at Holbrook Community Access and media and a junior at Stonehill College, argues in favor of Massachusetts legislation that would impose a 5% fee on streaming services. “While often viewed as a relic of the past,” Tobin writes, “the services that cable access stations provide are more important now than they’ve ever been.”

• Many thanks to Tara Henley, host of the Canadian podcast “Lean Out,” who interviewed Ellen Clegg and me about our book, “What Works in Community News.” You can listen here.

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Wondering about that Globe settlement money? It’s legit.

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On February 17, 2024

In Media

If you received an email in the past day or so telling you that you are owed money resulting from a legal settlement with The Boston Globe, I’m here to tell you that it’s legit.

The email, from the “Ambrose v Boston Globe Settlement Administrator,” pertains to a $5 million settlement that the Globe reached last May for grabbing the identifying information of users who watch videos on its website and sending it to Facebook. Adam Gaffin of Universal Hub and I both wrote about it at the time (here and here), but I could barely remember it when I got my notice on Friday.

Subscribers are receiving anywhere from a week’s extension to, in my case, $158.03, which is also the amount reported by several other people I’ve been in contact with. I don’t know how they arrived at that exact figure, but I’ll take it.

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Why Google’s AI search tool could harm news publishers

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On December 15, 2023

In Media

Photo (cc) 2010 by Robert Scoble

The question of whether Google should pay for news is about to get a lot more complicated. The Wall Street Journal is reporting that news publishers are freaking out over a new search tool powered by artificial intelligence that Google is working on.

The problem is that current Google search protocols drive a lot of traffic to news websites, and that could change. AI-powered search may very well keep users inside Google, thus denying clicks to the originators of the journalism that users are looking for. As an example, here is what The Atlantic believes it’s up against, according to the Journal’s Keach Hagey, Miles Kruppa and Alexandra Bruell:

About 40% of the magazine’s web traffic comes from Google searches, which turn up links that users click on. A task force at the Atlantic modeled what could happen if Google integrated AI into search. It found that 75% of the time, the AI-powered search would likely provide a full answer to a user’s query and the Atlantic’s site would miss out on traffic it otherwise would have gotten.

That 40% figure is typical for news publications. And though Google executives say that they intend to roll out AI search in such a way that journalism will continue to benefit, the Journal story makes it clear that’s nothing more than a vague promise at the moment.

The AI threat comes at a time when much of the media business is pushing for passage of the Journalism Competition and Preservation Act (JCPA), which would require that Google and Facebook come to the bargaining table and reach a deal to compensate news organizations for repurposing their content. It’s a dicey proposition — Facebook has been moving away from news, and as the Journal story shows, publishers are dependent on traffic from Google even as they insist that Google ought to pay them.

Just this week, Brier Dudley of The Seattle Times wrote that the NewsGuild-CWA, the union that represents 26,000 employees at a number of news outlets, now supports the JCPA as the result of a possible tweak to the legislation that would be more explicit about protecting jobs. Brier also touted a recent study that claims the two tech giants should be paying news organizations some $12 billion a year.

Despite some bipartisan support for the JCPA, finding agreement within our dysfunctional Congress may prove impossible. And the rise of AI-based search isn’t going to make passage any easier.

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A new study argues that Google and Facebook should be paying billions for news

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On November 14, 2023

In Local News

Photo (cc) 2013 by Robbie Shade

A new study argues that Google and Facebook should be paying U.S. news publishers between $11.9 billion and $13.9 billion a year for the use of their journalism. Of that total, Facebook owes $1.9 billion and Google between $10 billion and $12 billion. That’s a lot of money. By way of comparison, the recently announced Press Forward philanthropic initiative seeks to raise $500 million to support nonprofit local news over the next five years.

An overview of the study, conducted by researchers at the University of Houston, Columbia University and the Brattle Group, an international consulting firm, was published Monday in The Conversation. “Digital platforms benefit from having varied, credible and timely news content provided by publishers,” write two of the four reseachers, Anya Schiffrin and Haaris Mateen. “This enhances user engagement and makes their platform more attractive to advertisers. News publishers benefit by finding an avenue through which they can distribute their content, thereby reaching more readers.”

The study itself, which is based on “game theoretical insights into cooperative bargaining in cases where value is jointly created,” argues that the platforms and news publishers should split the revenue generated by that mutually beneficial relationship on a 50-50 basis rather than allowing the platforms to keep virtually all of it, as is now the case. “We document that Google and Facebook are making payments to publishers around the world that are vastly below our estimates of a ‘fair payment,’” they write.

The study looks at an Australian law passed several years ago that mandated such revenue sharing. The authors also note that the Journalism Competition and Preservation Act, whose principal sponsor is U.S. Sen. Amy Klobuchar, D-Minn., would establish similar payments by forcing the giant platforms to negotiate with publishers for a share of their revenue.

Ben Smith, writing in Semafor, observes that attempts to extract money from the platforms came about because efforts to support news with digital advertising hit a dead end. “The drive to force digital platforms to pay news publishers came after a decade in which publishers chased online ad revenue generated by traffic from social and search platforms — only to find that clicks simply couldn’t underwrite the cost of quality journalism,” according to Smith, who adds: “The new study will be a cudgel for regulators looking to squeeze Meta and (especially) Google.”

The question is whether anything is likely to happen and, more important, if the push for platform revenues is coming too late. The platforms don’t look quite as powerful today as they did a few years ago. Google is currently on trial in a massive antitrust case over its ubiquitous search engine. Moreover, after Canada passed a revenue-sharing law, Facebook simply withdrew all news content, and Google has threatened to do the same.

I’ve long argued that lawsuits filed by news publishers over Google’s ad tech are a more promising route to getting some money out of the platforms. About 200 newspapers are suing Google, claiming that the platform’s control of all aspects of the digital advertising market has driven ad prices through the floor to Google’s benefit. The publishers are also suing Facebook, claiming that Google and Facebook colluded illegally. Separately, Gannett is suing Google, but not Facebook.

The new study takes an interesting look at the extent of the damage that Google and Facebook have caused the news business, but I don’t see how that translates into actual revenues for news — especially with Facebook and Google signaling that they’re willing to walk away from news altogether rather than pay.

The ad-tech cases, on the other hand, are grounded in well-established law banning monopolistic practices that cause harm. Google and Facebook have made it impossible for anyone to extract more than a pittance from digital advertising. That’s fine with the platforms because of their massive scale — but it doesn’t work for news outlets, especially small, local enterprises, because they need more than pennies to pay for quality journalism in their communities.

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Google in the dock

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On September 6, 2023

In Media, Technology

The New York Times today reports on the U.S. Justice Department’s antitrust case against Google. The federal trial is scheduled to get under way next Tuesday.

The lawsuit, according to the Times’ David McCabe and Cecilia Kang, revolves around accusations that Google monopolizes search by paying off the likes of Apple and Mozilla to make Google their default search engine. But I think a group of newspaper publishers are pursuing a more interesting antitrust case against Google (and Facebook), charging that Google’s control of every aspect of online advertising technology has allowed the giant platform to drive down ad prices and leave media organizations on the sidelines.

Facebook is part of the suit because the publishers claim that Google and Facebook have colluded in order to keep Facebook from setting up its own competing ad system. Separately, Gannett has sued Google, but not Facebook, over the same issues.

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