24
Jul 13

Why journalists should look over the horizon and cheer up

Kogan 'OOP'To judge by the prevailing tone of public discussion, journalism in Europe and America has been suffering a prolonged nervous breakdown. Jobs are lost as newsrooms contract, print circulations shrink and online news startups fail because they can’t make enough to survive. The portrait of some newsrooms painted by the Leveson Inquiry was not pretty.

Writing a book which examines these issues, I’ve come to think that most of this gloom is overdone and out of date. Certainly, much is lost in a phase of change. But I am sure that the net impact of digital communications on journalism will come to be seen as positive and not negative. My book is called Out of Print: Newspapers, Journalism and the Business of News in the Digital Era and here is the elevator pitch version of its argument.

  • Journalism is being renewed and re-engineered for new conditions. It is almost impossible to measure with scientific precision, but the generative energy needed to adapt the ideals of journalism to radically new possibilities does exist. Established journalists often seem determined not to see the evidence of this.
  • The fact that a single business model to sustain journalism hasn’t been found to replace the broken print-advertising one doesn’t mean that online news businesses can’t succeed without philanthropic or state support. Gradually, larger numbers of new platforms are succeeding even as many fail.
  • I reached this optimistic frame of mind not only by looking at the present and speculating about the future but by recalling the past. Journalism exists in inherently unstable conditions (the junction of social and democratic purposes with the market) and is always being renegotiated, improvised and the subject of experiments. The dominance of printed journalism, for example, began crumbling earlier than most people realise. The aggregate circulations of British national newspapers peaked in the early 1950s.
  • The greatest single driver of change is the quantity of information available. That shifts the emphasis of reporting and editing to the management of abundance, for information in quantity is not the same as information on which you can rely. Many journalists have yet to come to terms with this shift. (There’s an excellent piece on this theme here from Slate’s business and economic writer Matthew Yglesias).
  • Why have journalists (myself included) been slow to adapt? Possible reasons include…the news business is inherently conservative because its practitioners are so caught up in the daily/hourly struggle…the importance of independence to journalists has meant a resistance both to change and to accepting advice (such as from software geeks).
  • But a corner has been turned. The long trends show that print won’t disappear, but that as a vehicle (and a culture) for news it will be much less important in the future. As digital re-routes the way information travels and changes access to knowledge, the exciting challenge is to adapt journalism’s basic aims to a new phase.

That’s the short version: I naturally hope that you’ll read the longer version (you can pre-order here). I’m about to take my summer break, but when the book is published in September I’ll most probably be writing about it again….

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24
Jun 13

How many royal charters does it take to fix press regulation? Six, at least

Any time from this week, we may hear news from the government ministers assigned to solve the conundrum of press regulation. Consultation on one of the many royal charters which have been written since the Leveson Report was published more than six months ago has finished and we may hear how the government hopes to get out of the deep doo-doo it’s walked into.

Or possibly not. Lord Leveson remarks more than once in his report that press regulation is a subject about which politicians may have, or even voice, opinions. When in office, they rapidly conclude that they are determined to do as little as possible. The toughness of the present dilemmas isn’t going to change that.

Any system of press regulation which is “independent” of the state and politicians can’t, by definition, be compulsory and even if it were, news publishing groups increasingly pivoting to become global online publishers could operate from outside British legal jurisdiction. Yet a cross-party majority of MPs want, and have voted for, a tougher system of accountability than the three largest national newspaper publishers will accept.

There are now six versions of Royal Charters in play, all claiming to be to be the best balance between freedom and restraint. These six versions have all been generated despite the claim made for Royal Charters – that they protect the independence of a press regulation system from future political interference – having been strongly challenged. Six charters may just be the start.

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14
Jun 13

Is it open season on DNA, royal or otherwise?

Times Prince William story today

Times Prince William story today

 

 

 

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24
Apr 13

This blog is back – swift catchup on the post-Leveson dog’s breakfast

I know that this week’s media debate is going to be all about the pros and cons of real-time news sharing in fast-moving crises like the Boston marathon bombings and subsequent shootouts, but this blog has a little catching up to do. While I have been writing a book, the government, Houses of Lord and Commons and the Hacked Off campaign have managed to make a gigantic dog’s breakfast of the follow-up to the Leveson Inquiry into phone-hacking.

This was pretty much the only subject on which I published during the long winter, so I’ll start by rounding up that stuff. It’s hardly surprising that inventive lawyers intent on intimidation are using Leveson’s recommendations to try to silence newspaper reporting or that the Metropolitan Police, who had a grimly embarrassing time in front of Leveson, are being cautious and unhelpful. What has surprised me is the depth of the legal and political doo-doo into which the government has stepped. In a hurry to get the Leveson Inquiry dealt with before the 2015 election season opens next year, the government tied itself in knots which may take years to unravel. The Royal Charter deal on a new press regulator was a rushed botch.

The largest single dilemma which Leveson plonked in the government’s lap is defining “the press”. Leveson was so heavily preoccupied by the issue of the misuse of power accumulated by the major newspaper groups, that he did not treat this as a central issue. He should have: defining who is to be covered by law or regulation dealing with news publishing is a basic issue in an era when “the press” doesn’t really exist any more. I argue in a TLS review (£) of Leveson and a report from the Columbia Journalism School on “post-industrial journalism” that the Leveson report’s worst flaw was that it was so backward-looking.

Thrashing round trying to define internet sites and blogs which are “news-related” and suchlike won’t work for anyone except lawyers who can spend happy years in court fighting over definitions. In this BBC explainer there is a nice little film by Newsnight’s David Grossman trying to explain the new law as it relates to online publishers. The Department of Culture Media and Sport have produced a colourful new diagram to help publishers work out if they’re covered by the new law. Here’s Patrick Smith of MediaBriefing picking holes.

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11
Jan 13

Flashback to before Leveson reported

This blog is currently taking an enforced holiday which I have not spent eating Christmas pudding but mostly writing a book. More on that another day when I resurface.

For the time being I will simply wish all my readers a happy new year and post this video of a panel discussion held at the Battle of Ideas conference in London not long before the Leveson Inquiry produced its report, which is still being energetically debated. The panellists are Christina Patterson, Ray Snoddy, Mick Hume and me.


23
Nov 12

Leveson: the third, better way between statute and self-regulation

With Lord Leveson’s inquiry into the British press now due to report on November 29th, Press Gazette has kindly posted a version of an argument I made to the inquiry and wherever else I’ve been able to find an outlet for it since.

If Leveson proposes a new form of independent regulation for the press founded in statute (something which all previous versions of self-regulation have avoided), there will be an almighty fuss. But the proposal is liable to founder not because of the volume of complaint but because of the problems intrinsic to the plan: issues of definition, compulsion and funding.

There’s a better way. Use law as an incentive towards transparency and self-regulation. Strengthen and clarify privacy law, build strong and consistent public interest defences into laws which impact journalism and allow courts to take editorial integrity and standards into account when cases come to court. Within that framework, self-regulation would be worth doing and worth doing well.

That’s a bald summary. I saw an ad in the Daily Mail today from the Free Speech Network objecting to the possibility of the press being “shackled”, showing six newspaper front pages and asking if these stories would have appeared under “state regulation”. (The stories shown are the Mail’s front pages on the men alleged to have killed Stephen Lawrence, A Telegraph splash on MPs’ expenses, The Sun front page on Andrew Mitchell calling policemen “plebs”, a Times investigation on celebrity tax avoiders, the Daily Mirror on John Prescott’s affair with his secretary and a Guardian front page on phone-hacking.)

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01
Jun 12

Summing up what we’ve learnt on Leveson, Murdoch and law

My loyal band of Twitterati may have noticed that I’ve been in Australia, where I gave a talk in two universities trying to sum up what we’ve learnt from the Leveson Inquiry. British readers of this blog might well want to stop right here because a good deal of the talk below will be familiar. There’s a very short version on the Australian-based The Conversation, a site which acts as a web publisher for opinion and analysis on public affairs by academics. But in case anyone wants to see the full text, here it is:

Phone-Hacking, the Leveson Inquiry and Rupert Murdoch

Public inquiries – often thought of as deliberate, careful, rational procedures – often provide examples of the operation of the Law of Unintended Consequences. They don’t always work out as their instigators hope or intend.

So it is with the Leveson Inquiry, now running most days of the week in London. The Inquiry is formally into the “culture, practice and ethics” of something quaintly called “the press”. The inquiry’s terms of reference are very broad indeed. They cover standards, accuracy, regulation and law, media plurality and ownership, relations with both the police and politicians.

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30
Apr 12

Leveson: how to avoid the pitfalls of “better mousetrap” press regulation

Towards the end of next month, the Leveson Inquiry into the British press will turn from its current, revelatory phase about media relationships with politicians and address again the knotty question of regulating journalism.

The inquiry’s most basic dilemma hasn’t changed: how to prevent and discourage the wrongs which have occurred without tipping over into state control of the news media. When he has grown bored and irritated with an editor waffling vaguely about how things will be improved by a few light adjustments to the present rules, Lord Leveson usually asks one of two questions and sometimes both: what would you actually do? will what you suggest command public confidence? Next month will bring forth a slew of ideas for regulation designed to work better than the much-abused self-regulation of the past. Legal and media experts are busy putting the finishing touches to better mousetraps.

The problems of “toughening” regulation are much greater than supposed, as I’ve argued here (£). Not least because regulation deals with sorting out things that have already gone wrong. What the Leveson Inquiry should also be concentrating on is how to encourage, in the culture of newsrooms, good practice which lowers the odds that bad things will be done. It should also look at whether the issue of regulation isn’t as much a question of legal process as much as one of regulatory machinery. That is to say that contributory factor in the accumulation of problems and resentment has been the cost and delay of taking legal action over libel or invasion of privacy. In this article I suggest that there is a way to interlock the rules of both law and a regulator to create a powerful incentive for journalism to rely less on tricks and illegalities.

If journalists were offered fuller and more consistent public interest defences in both criminal and civil law, those defences could be made available only to news publishers or broadcasters who could demonstrate transparent and enforceable editorial integrity and standards. With that incentive, websites and papers (broadcasters are separately regulated) would need to organise regulation among themselves which would show that they deserved the protection of a public interest defence. Trivial, sloppy or bad journalism which can’t claim a public interest justification gets no protection; better journalism at least has that line of defence available. That strikes me as the best way round the knotty dilemma: incentives not state-backed regulation.

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