The Overton Window has opened a bit wider for the idea of requiring Google and Facebook to pay for news content. At Axios, Sara Fischer reports that Microsoft president Brad Smith has endorsed the Australian government’s move to do just that — and thinks such a system ought to be considered in the U.S. as well.
What’s taking place in Australia is complicated, but essentially it requires Google and Facebook to bargain with the news business and come up with a compensation system. Both companies have said they would stop offering some of their services if Australian authorities don’t back off.
In the U.S., the News Media Alliance, a lobbying group for news publishers, has been pushing for several years for an antitrust exemption that would allow them the right to bargain collectively with the tech giants — which is exactly what is going to happen in Australia. With the sheen wearing off Big Tech’s once-sterling image, the likelihood of Congress passing such an exemption has increased. A lawsuit brought by a group of West Virginia newspapers that I wrote about for GBH News last week may serve as a further goad.
In a blog post, Microsoft’s Smith cites a News Media Alliance study showing that Google makes an estimated $4.7 billion a year “from crawling and scraping news publishers’ content.” That study came under fire at the time of its release a couple of years ago. But regardless of the actual figure, Google — and Facebook — are surely making a lot of money from other people’s content without paying for any of it.
Smith makes no bones about his own business imperatives, saying that Microsoft is prepared to play by Australia’s rules through its Bing search engine, writing:
Microsoft’s Bing search service has less than 5% market share in Australia, substantially smaller than the 15-20% market share that we have across PC and mobile searches in the United States and the 10-15% share we have in Canada and the United Kingdom. But, with a realistic prospect of gaining usage share, we are confident we can build the service Australians want and need. And, unlike Google, if we can grow, we are prepared to sign up for the new law’s obligations, including sharing revenue as proposed with news organizations. The key would be to create a more competitive market, something the government can facilitate. But, as we made clear, we are comfortable running a high-quality search service at lower economic margins than Google and with more economic returns for the press.
A final thought. If Congress isn’t prepared to act, might it be possible to require Google and Facebook to compensate news publishers at the state level? Jack Nicas reports in today’s New York Times that a proposal has been made in North Dakota to forbid Apple and Google from collecting app-store fees from North Dakota-based businesses.
The legislation strikes me as more than a little half-baked. Yet the principle — that states can impose their own regulations on Big Tech — is one worth pondering.
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.
There’s a difference between rewriting history and making some of it more difficult to find. Which is why I think The Boston Globe is doing the right thing with its “Fresh Start” initiative, more commonly known as the right to be forgotten. The proposal was announced by Globe editor Brian McGrory last July, and is being formally put into effect today. In a Globe story, McGrory says:
It was never our intent to have a short and relatively inconsequential Globe story affect the futures of the ordinary people who might be the subjects. Our sense, given the criminal justice system, is that this has had a disproportionate impact on people of color. The idea behind the program is to start addressing it.
The idea is that the Globe might have reported on some past embarrassment about you — a minor arrest, or an arrest that led to a conviction that was not reported. You can appeal to the Globe to have the story updated or removed from Google search. The story would still exist. It couldn’t be removed from the print edition, obviously, and many libraries still carry newspaper microfilm archives. It wouldn’t even be removed from the Globe’s servers. But no longer would one of your less stellar moments rise to the top of a Google search about you, interfering with employment prospects and other aspects of your life.
In some ways, Fresh Start is similar to Gannett’s move in 2018 to take down mugshot galleries from its newspaper websites, which it extended to the former GateHouse Media sites in 2020 after that chain was merged with Gannett. “Mugshot galleries presented without context may feed into negative stereotypes and, in our editorial judgment, are of limited news value,” the company said in explaining its reasoning.
The Globe’s Fresh Start is a good step because it solves a problem without going too far. It merely restores the situation that prevailed before the internet, when you had to put some work into finding information that had been published about someone. That tended to separate those with a legitimate interest from the voyeurs.
It’s also a better solution than the mandatory right-to-be-forgotten laws in effect in Western Europe, where Google under some circumstances can be ordered to remove information about certain people. The First Amendment would make that impossible in the United States.
Thus it’s up to the media to take voluntary steps. As the Society of Professional Journalists Code of Ethics puts it, “Ethical journalism treats sources, subjects, colleagues and members of the public as human beings deserving of respect.”
More: Arun Rath of GBH Radio (89.7 FM) and I kicked it around on Friday.
It’s one thing for Apple and Google to throw the right-wing Twitter competitor Parler out if its app stores. It’s another thing altogether for Amazon Web Services to deplatform Parler. Yet that’s what will happen by midnight today, according to BuzzFeed.
Parler deserves no sympathy, obviously. The service proudly takes even less responsibility for the garbage its members post than Twitter and Facebook do, and it was one of the places where planning for the insurrectionist riots took place. But Amazon’s actions raise some important free-speech concerns.
Think of the internet as a pyramid. Twitter and Facebook, as well as Google and Apple’s app stores, are at the top of that pyramid — they are commercial enterprises that may govern themselves as they choose. Donald Trump is far from the first person to be thrown off social networks, and Parler isn’t even remotely the first app to be punished.
But Amazon Web Services, or AWS, exists somewhere below the top of the pyramid. It is foundational; its servers are the floor upon which other things are built. AWS isn’t the bottom layer of the pyramid — it is, in its own way, a commercial enterprise. But it has a responsibility to respecting the free-speech rights of its clients that Twitter and Facebook do not.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or AWS Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.
For AWS to cut off Parler would be like the phone company blocking all calls from a person or organization it deems dangerous. Yet there’s little doubt that Parler violated AWS’s acceptable-use policy. Look for Parler to re-establish itself on an overseas server. Is that what we want?
Meanwhile, Paul Moriarty, a member of the New Jersey State Assembly, wants Comcast to stop carrying Fox News and Newsmax, according to CNN’s “Reliable Sources” newsletter. And CNN’s Oliver Darcy is cheering him on, writing:
Moriarty has a point. We regularly discuss what the Big Tech companies have done to poison the public conversation by providing large platforms to bad-faith actors who lie, mislead, and promote conspiracy theories. But what about TV companies that provide platforms to networks such as Newsmax, One America News — and, yes, Fox News? [Darcy’s boldface]
Again, Comcast and other cable providers are not obligated to carry any particular service. Just recently we received emails from Verizon warning that it might drop WCVB-TV (Channel 5) over a fee dispute. Several years ago, Al Jazeera America was forced to throw in the towel following its unsuccessful efforts to get widespread distribution on cable.
But the power of giant telecom companies to decide what channels will be carried and what will not is immense, and something we ought to be concerned about.
I have no solutions. But I think it’s worth pointing out that AWS’s action against Parler is considerably more ominous than Google’s and Apple’s, and that for elected officials to call on Comcast to drop certain channels is more ominous still.
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To what extent have Google and Facebook destroyed the digital ad model for news organizations? I came across a telling data point the other day from Josh Marshall, the editor and founder of Talking Points Memo, a liberal political site that’s one of the oldest outposts on the web. In an email to subscribers explaining why he’s raising rates, Marshall wrote:
The high watermark of advertising revenue for TPM was in 2014. That year we had a little over $2.5 million in ad revenue and $165,000 in membership revenue. In 2020, we’re on pace for $538,000 in ad revenue and $2.1 million in membership revenue.
What Marshall describes is a successful business venture that has boosted reader revenue by a factor of 13 over the past six years — but that at the same time has seen its ad income plummet to about a fifth of what it was.
Google’s auction system has destroyed the value of digital ads. Meanwhile, more than 90% of all new spending on digital advertising goes to Google and Facebook, which works out nicely for them because of sheer volume and the fact that most of their operations are automated.
It’s great for TPM that it’s been able to induce so many readers to pay. But with more and more publishers asking for subscription money (including all those individual journalists who’ve decamped for Substack), the ceiling is going to be hit fairly soon.
We need a way to bring digital advertising back for news publishers.
Correction: Post updated to fix several math errors.
Comments are open. Please include your full name, first and last, and speak with a civil tongue.
New York Times media columnist Ben Smith reports on efforts to compel Google and Facebook to turn over some of their advertising revenues to the news organizations whose content they repurpose without compensation.
The debate over what platform companies owe the news business goes back many years and has come to resemble a theological dispute in its passions and the certainty expressed by those on either side. Indeed, longtime digital-news pundit Jeff Jarvis immediately weighed in with a smoking hot Twitter thread responding to Smith.
Oh FFS, no, the news business crushed itself by relying on protectionism over innovation. @benyt goes all Murdoch & endorses Australia's digital Stamp Act. This isn't media criticism. It's lobbying. "Big Tech Has Crushed the News Business" https://t.co/vZJXLn4L4n
— Jeff (Gutenberg Parenthesis) Jarvis (@jeffjarvis) May 11, 2020
I’m not going to resolve that debate here. Rather, I want to offer some context. First, something like 90% of all new spending on digital advertising goes to Google and Facebook. Second, Google’s auction system for brokering ads destroyed any hopes news publishers had of making actual money from online advertising. How bad is it? Here’s an except from my 2018 book, “The Return of the Moguls”:
Nicco Mele, the former senior vice president and deputy publisher of the Los Angeles Times, who’s now the director of the Shorenstein Center on Media, Politics and Public Policy at Harvard’s Kennedy School [he has since moved on], explained at a Shorenstein seminar why a digital advertising strategy based on clicks simply doesn’t work for news organizations that are built around original (which is to say expensive) journalism. “Google has fundamentally shaped the future of advertising by charging on a performance basis — cost per click,” he said. “And that has been a giant, unimaginable anchor weight dragging down all advertising pricing.”
For example, Mele said that a full-page weekday ad in the LA Times, which would reach 500,000 people, costs about $50,000. To reach the same 500,000 people on LATimes.com costs about $7,000. And if that ad appeared on LATimes.com via Google, it might bring in no more than $20. “Models built on scale make zero sense to me,” Mele said, “because I just don’t see any future there.” Yet it has led even our best newspapers to supplement their high-quality journalism with a pursuit of clicks for the sake of clicks.
From $50,000 to $7,000 to $20. This is why the advertising model for digital news is broken, and it’s why newspapers have gone all-in on paid subscriptions.
Jeff Bezos is our most elusive famous billionaire. With his shaved head and gnomish smile, it sometimes seems like he’s perpetually in our midst. Yet unlike Mark Zuckerberg, who’s forever explaining himself and his intentions, or the late Steve Jobs, always ready with a boast or a putdown, Bezos only rarely puts his thoughts into words.
When he does, he is intentionally obscure. “Bezos made a statement saying all the correct and anodyne things, but he was not terribly revealing,” David Remnick wrote shortly after Bezos announced he would buy The Washington Post. You could say that’s the way Bezos has operated at Amazon, the company that made him the world’s richest person. Or how he has lived his life.
Yes, he was forced to reveal some of his most intimate secrets when The National Enquirer reported that he was having an affair and threatened to publish embarrassing photos. But even then, he acted so that he could disclose his secrets on his own terms, thus denying his enemies the satisfaction of humiliating him. It worked. If there really were any photos, they have not surfaced.
Now both The New Yorker and The Atlantic have weighed in with lengthy pieces aimed at answering the question of what drives Amazon — and Bezos. The two articles, which run more than 13,000 and 11,000 words respectively, take very different approaches.
In The New Yorker, Charles Duhigg presents us with a classic business story, deep on details, both the good and the bad — some of which is very bad indeed, such as the company’s brutal work environment and its carnivorous relationship with companies that sell products on its site. Much of the ground Duhigg covers is familiar to those of us who’ve obsessed over Amazon. The most novel insight Duhigg offers is that Amazon, based as it is on a set of ideas (Bezos’ famous 14 Leadership Principles), can be likened to General Motors in its early decades — nimble and adaptable enough to enter and dominate industries entirely unrelated to its original mission of selling books.
Amazon Web Services, the server farm that powers organizations from Apple to the CIA, would be a paradigmatic example of that, but so would the rise of Amazon Prime as a media service that offers television, movies, music and, yes, one of the world’s great newspapers. By contrast, companies like Google and Facebook are similar to Ford in those early years, tied to search and social networking for the bulk of their revenues as firmly today as they were when they were founded. Amazon, like General Motors before it, is a “process company.” Google, Facebook and Ford are “product companies.”
All this is too mundane for Franklin Foer, who, writing in The Atlantic, offers a fanciful theory of Bezos. What really motivates Bezos — what pushes him to keep earning more and more money, far more than any person, or any 10,000 people, would ever need — is that he wants to go to outer space. Or, to put it more realistically (OK, not that much more realistically), he wants humanity to colonize space before we have made the earth entirely uninhabitable. Thus the founding of his rocket company, Blue Origin, which, Foer notes, Bezos has called his “most important work.” Foer adds, “With his wealth, and the megaphone that it permits him, Bezos is attempting to set the terms for the future of the species, so that his utopia can take root.”
Bezos does not like to talk to journalists. He rarely gives interviews — not to Brad Stone, the author of a 2013 book about Amazon called “The Everything Store.” Not to Duhigg. Not to Foer. Not even to The Washington Post, although he’s been quoted when he’s addressed the staff or participated in events such as a public conversation with the Post’s executive editor, Marty Baron.
And not to me. When I was researching my 2018 book on a new breed of wealthy newspaper owners, “The Return of the Moguls,” I spent months sending emails and snail-mails to Bezos and to various other people at the Post and at Amazon. The closest I got was a brief phone conversation with a top Amazon official who said he’d talk with Bezos about my request. No dice. A colleague even suggested that I fly to a place where Bezos was giving a speech and try to ambush him afterwards for a few quotes.
I decided not to. First, I had no confidence in my ability to stake out the right spot so that I could accost him as he was passing by. Second, I had even less confidence that he would stop and say anything — at least anything that wasn’t “correct and anodyne.” Other wealthy newspaper owners, including John Henry of The Boston Globe and Aaron Kushner, formerly of the Orange County Register, spoke with me at length. But Bezos proved as elusive with me as he does with everyone else.
So what’s next for Bezos and Amazon? At cultural moment when our love affair with all things tech is turning sour, the next few years could be unpleasant. Duhigg traces the history of antitrust law, explaining that, in recent decades, the government lost interest in breaking up monopolies unless they engaged in behavior that resulted in higher prices for consumers. Since Amazon’s stranglehold on the digital marketplace has resulted in lower prices, there was no reason to think there was a problem. Same with Google and Facebook, which, after all, are free.
Now, though, the antitrust worm is turning. Older ideas that monopolies are harmful to the economy regardless of their effect on prices are being embraced by everyone from antitrust regulators in President Trump’s Justice Department to Democratic presidential candidate Elizabeth Warren, who has vowed to break up the tech monopolies. And, as we know, Trump has attacked Amazon repeatedly because of his fury over how the Post has covered him.
“We may be at a breaking point now,” writes Duhigg, who quotes the historian David Farber as telling him: “It’s like the 1880s or the 1930s all over again. The pressure is going to continue building, the powerful are going to continue being watched and criticized and gawked at, until something pops.”
What Bezos has always had going for him was his embrace of the long view, even unto the stars and beyond. “If you look at why Amazon is so different than almost any other company that started early on the internet, it’s because Jeff approached it from the very beginning with that long-term vision,” Brad Stone quotes Bezos’ friend Danny Hillis as saying in “The Everything Store.” “It was a multi-decade project. The notion that he can accomplish a huge amount with a larger time frame, if he is steady about it, is fundamentally his philosophy.”
Will Amazon keep getting bigger and bigger? Or are we at peak Amazon (and Google and Facebook), poised on the brink of a future that may look very different from what has come before? Bezos may still embrace the long view, but he’s 55 now, an age when most people in his position begin thinking about their legacy.
No doubt Bezos will continue to say correct and anodyne things. But as Duhigg and Foer make clear, he now faces a challenge unlike anything he’s had to deal with — the challenge of surviving the political and culture wars that have sprung up around him and, ultimately, becoming a good corporate citizen.
Bernie Sanders is an unlikely savior of journalism.
The iconoclastic senator has long had a prickly relationship with the press in his home state. According to Paul Heintz, a staff writer with the alt-weekly Seven Days, Sanders hasn’t granted a full-fledged interview in more than four years to the paper, which touts itself as the state’s largest. And Seven Days is not alone. “I would say that it’s highly unusual for an elected official in Vermont to not regularly speak to Vermont reporters,” Heintz said. “I think it’s problematic.”
Then, last month, Sanders claimed without evidence that The Washington Post covered him critically because of his attacks on Amazon, whose founder and chief executive, Jeff Bezos, also owns the Post. “The remark sounded an awful lot like the kind of criticism leveled by someone else,” said NPR’s Domenico Montanaro. That someone else: President Trump.
But apparently you don’t have to love the media to appreciate its vital role in a democracy. Because last week Sanders, an independent socialist who is once again seeking the Democratic presidential nomination, outlined a solid media-reform proposal in an essay for the Columbia Journalism Review.
“Real journalism requires significant resources,” he wrote. “One reason we do not have enough real journalism in America right now is because many outlets are being gutted by the same forces of greed that are pillaging our economy.”
Sanders devoted much of his piece to rehashing the financial crisis that has brought news organizations to their knees, especially at the local level. But he also offered some specific ideas that fall into three categories:
• Opposing media mergers such as the proposed combination of the GateHouse Media and Gannett newspaper chains as well as the CBS-Viacom deal. Media companies would be required to detail how many journalism jobs would be lost in such mergers. Employees would have an opportunity to buy their media companies. Unions would be strengthened. And ownership caps would be re-imposed on broadcast outlets for the first time since 1996 in the hopes of restoring localism and diversity.
• Swinging the antitrust club at Google and Facebook, which, as Sanders observed, now vacuum up some 60 percent of all digital advertising revenues. It’s not clear how any actions Sanders might take against the two internet giants would benefit journalism. He doesn’t help his cause by citing a flawed study claiming that, in 2018, “Google made $4.7 billion off reporting that Google did not pay for.” (Well, no, not really.) But there’s little question that both companies have benefited from free content provided by newspapers and other media outlets. At the very least, Sanders seems likely to support a temporary antitrust exemption that would allow the news business to negotiate some sort of revenue-sharing deal.
• Taxing targeted advertising — that is, ads served up based on the data that has been collected about you — and using it to fund “nonprofit civic-minded media.” This is an idea that has been promoted by the media-reform organization Free Press “to support local-news startups, sustain investigative projects, seed civic-engagement initiatives, and lift up diverse voices that have long been excluded from traditional media coverage.” Government funding of journalism is bound to be controversial, even though it already takes place to a limited degree with public radio and television. But there are ways to insulate such funding from political interference — though skepticism is certainly warranted.
Sanders’ proposal drew instant mockery from the libertarian-conservative end of the political spectrum, with Jack Shafer of Politico writing that it “folds on itself and collapses.” Jeff Jacoby of The Boston Globe added: “When you’re Bernie Sanders and your only tool is socialism, every problem looks like a capitalist to be bashed.”
But parts of Sanders’ plan are likely to resonate with the public — especially his targeting of Google and Facebook, which are increasingly unpopular for violating our privacy and harming democracy. Indeed, Sanders’ rival Elizabeth Warren beat Sanders to the punch by many months in proposing to break up Google, Facebook and Amazon.
One way that corporate media owners succeed in defending their turf is by controlling the terms of the debate. Thus you will hear that Sanders proposes to impose new regulations on an industry that, for the sake of the First Amendment, ought to be as unregulated as possible. But as the media scholar Robert McChesney has observed, the alternatives are not regulation or deregulation; rather, they come down to what kind of regulation we want — in the public interest, or in the corporate interest?
This is especially true in the case of broadcast media, which must be regulated because there are only a limited number of frequencies available. Sanders, to his credit, is not proposing the return of anti-free-speech policies such as the Fairness Doctrine and equal-time provisions. Rather, he seeks to ensure diversity of ownership while letting the content take care of itself.
Sanders may not like journalists very much, but he understands the importance of journalism. Far from being radical, his plan pulls together some strands that have been around for quite a while. Teddy Roosevelt would praise his stance against mergers and in favor of taking some sort of action against the monopolistic practices of Facebook and Google.
Whether Sanders becomes our next president or not, his proposals amount to a serious attempt to wrestle with the forces that have harmed journalism and have concentrated media power in the hands of a few. Voters and his fellow candidates should take notice.
The Washington Post reports some startling figures about the role of private equity firms in the retail business. According to the Post’s Abha Bhattarai:
More than 1.3 million Americans have lost their jobs in the past decade as a result of private equity ownership in retail, according to a report released Wednesday. That includes 600,000 retail workers, as well as 728,000 employees in related industries. Overall, the sector added more than 1 million jobs during that period. [my emphasis]
This is exactly what has happened to the newspaper business over the past several decades. Yes, the internet has devastated the economic model, with advertisers fleeing to Craigslist, Google and Facebook. But that’s only part of the story. The other part is that corporate chains have hollowed out newsrooms in order to maximize profits at a time when what was really needed was investment and patience.
The most notorious of the corporate raiders is MediaNews Group, formerly Digital First Media, which is owned by Alden Global Capital. MNG has all but destroyed once-great papers like The Denver Post and The Mercury News of San Jose, as U.S. Sen. Elizabeth Warren notes in her proposal to re-regulate Wall Street. Cuts continue at MNG’s Massachusetts holdings, the Boston Herald, The Sun of Lowell and the Sentinel & Enterprise of Fitchburg. Meanwhile, The Berkshire Eagle is rebuilding after a group of local business people bought the paper back from MNG.
For years we’ve been hearing that Amazon is destroying retail — yet, as the Post observes, that part of the sector not being strangled by private equity has continued to grow. Newspapers’ business problems are very real. But surely they would be shrinking a lot more slowly, and perhaps groping their way toward sustainability, if they weren’t being destroyed by our financial overlords.
A bill filed by U.S. Rep. Mark DeSaulnier, D-Calif., would make it easier for “written news organizations” to claim nonprofit status, “allowing them to focus on content instead of profit margins and reduce their tax burden.”
The bill, H.R. 3126, has been endorsed by the News Media Alliance, the National Newspaper Association, the American Society of News Editors, the Associated Press Media Editors, the Association of Alternative Newsmedia, the California News Publishers Association, Free Press Action and the Open Markets Institute.
Nonprofit news is nothing new — organizations ranging from public media to hyperlocal community websites have nonprofit status. Donors are able to write off contributions, and the news organizations themselves are exempt from most taxes.
But it’s not easy. Back in 2013, I wrote that the IRS had virtually stopped granting 501(c)(3) nonprofit status to startup news organizations as it wrestled with the question of whether journalism was among the educational activities envisioned under the tax code.
Though it’s my understanding that the agency has loosened up since then, questions remain. For instance, The Salt Lake Tribune recently announced that it would seek nonprofit status, which would make it the first regional newspaper to do so. Writing at the Nieman Lab, though, Christine Schmidt and Joshua Benton wondered whether the Tribune would run into trouble for its coverage of professional sports and the restaurant scene, which would appear to fall outside the IRS guidelines.
On the other hand, Paul Bass, the founder of the New Haven Independent, a 13-year-old nonprofit news project, told me recently that the only guidance he ever received was that the Independent could not endorse political candidates or lobby the government.
Presumably DeSaulnier’s bill will help clear up those issues. And a personal note: I played a very small role in crafting the legislation. DeSaulnier and I discussed his ideas last fall, and I suggested to his office — unsuccessfully — that the bill not be restricted to “written” forms of journalism.
The legislation is one of two stories in the news right now about the future of local journalism. The other is a proposal by the newspaper industry to suspend antitrust laws so that they may negotiate collectively with social media platforms in an attempt to obtain payment for the use of their content.
The News Media Alliance, the newspaper business’ principal lobbying group, released a study this week claiming that Google and Facebook made $4.7 billion in 2018 through its uncompensated use of material that originally was published on newspaper websites.
You can read the full text of Rep. DeSaulnier’s bill to encourage nonprofit journalism by clicking here. The text of his office’s press release is below.
June 6, 2019 | Press Release
Washington, DC – Today, Congressman Mark DeSaulnier (CA-11) announced the introduction of the Saving Local News Act (H.R. 3126), a bill to recognize newspapers as a public good and make it easier for written news organizations to become non-profits – allowing them to focus on content instead of profit margins and reduce their tax burden. The bill is supported by the News Media Alliance, the National Newspaper Association, the American Society of News Editors, the Associated Press Media Editors, the Association of Alternative Newsmedia, the California News Publishers Association, Free Press Action, and the Open Markets Institute.
“Local journalism has been a bedrock of American society for over 200 years. I remember when dedicated reporters sat in the front row of city council meetings to keep communities informed and to increase accountability. Today many local newspapers are dying out – penny pinching until they close or are bought up and sold off piecemeal by hedge funds. This bill would allow papers to renew their focus on quality content and flourish unencumbered by ever-increasing demands for greater profits,” said Congressman DeSaulnier.
“We commend Congressman DeSaulnier for introducing this important piece of legislation that recognizes the importance of nonprofit journalism to the American society. At a time when news deserts are a growing concern, we must ensure that we support all newsrooms in their efforts to provide high-quality journalism to their local communities. This journalism bill that would allow non-profit newsrooms to treat advertising revenue as nontaxable income could be helpful to a number of publishers,” said David Chavern, President and CEO, News Media Alliance.
“News organizations today must explore a wide array of avenues for sustainability, one of them being non-profit status. But the federal law lays many trip wires along this path, including the way advertising is taxed. The non-profit route could be attractive for some newspapers if and only if Congress recognizes that even a non-profit newspaper still needs good revenue sources. This proposal by Congressman DeSaulnier will open up new possibilities for sustaining quality journalism in American communities. We appreciate the concept and, even more, we welcome the interest from an important member of Congress in helping newspapers that are at risk to survive,” said Andrew Johnson, President, National Newspaper Association.
“This legislation carries the promise of helping news outlets large and small, in big cities and small towns, throughout the country. It will allow for innovation into new models of journalism and carries significant potential to address the growing problem of ‘news deserts’ around the country where the for-profit model is not sustainable,” said Angie Muhs, President, Associated Press Media Editors.
“The nonprofit model of journalism may well be one viable future of journalism, at least where smaller publications are involved. This is a constant topic of discussion among our membership which is why our organization welcomes this legislation as a means of increasing the likelihood that those who choose can convert themselves to non-profit status, while maintaining a strong journalistic enterprise,” said Molly Willmott, President, Association of Alternative Newsmedia.
“At a time when editors around the country continue to see newsrooms shrink in the face of financial constraints, we welcome every avenue to greater revenue. This legislation offers significant assistance that will allow news organizations to survive without constraining their actual journalism in any way,” said Nancy Barnes, President, American Society of News Editors.
“Community newspapers are woven into the fabric of American society and provide accurate and trusted information that improves the lives of individuals in the communities they serve. It is no secret that newspapers face an increasing number of existential threats from online competitors which have left them with a decreasing number of revenue opportunities. This measure would provide news organizations with the means to better rise to these challenges and continue to play a vital role in their communities by holding the feet of the powerful to the fire and giving voice to the powerless,” said Jim Ewert, General Counsel, California News Publishers Association.
Since 2017, estimated daily newspaper circulation fell 11 percent from the previous year (Pew Research Center). Congressman DeSaulnier recently established a working group of dedicated Members of Congress from areas affected by a drought of high-quality journalism. Together they have been working to highlight this crisis and bring attention to the need to promote local journalism, including by holding a Special Order on the floor of the U.S. House of Representatives and introducing the Journalism Competition and Preservation Act (H.R. 2054), a bill to create a temporary safe harbor from anti-trust laws to allow news organizations to join together to negotiate with dominant online platforms to get a fair share of advertising profits.
