Deconstructing Pirates

Black Sails 2 2015Here is the latest in my ongoing series of essays, Local Media in a Postmodern World. This one examines closely the postmodern practice of historical deconstruction and why it’s so important for us today.

Deconstructing Pirates: Why Black Sails is More Than a TV Series

The Starz TV series “Black Sails” is the ongoing and very human story of pirates in the early 18th Century. The series’ creator “deconstructed” the history of pirates in order to come up with the interlocking stories, and this reveals much about why history cannot be completely trusted to undergird contemporary beliefs.

ESSAY: The Net Redefines “Local”

Here is the latest in my ongoing series of essays, “Local Media in a Postmodern World:”

The Net Redefines “Local”

New research by Pew reveals insight about TV News and the difference between small markets and big markets. In academic circles, this is defined as “provincial” versus “cosmopolitan” coverage. The data got me to thinking about media and proximity and how geography is used to define the word “local” in local media. But the Internet has changed or at least modified that word, which opens up windows of opportunity never before available to those who view their audience through the lens of DMAs. Please join me on this fascinating journey of discovery.

We need to stop underestimating our audience

Gary Vaynerchuk

Gary Vaynerchuk

I laughed out loud the other day while watching one of those wonderful Gary Vaynerchuk videos. You should already know what I mean by that, but if you don’t, here’s where to find Gary Vee, as he’s known: garyvaynerchuk.com.

“The customers’ bullshit radar is better than ever before,” was the line that put a smile on my face.

You know why we have an audience problem in the news business? It’s because we behave as though they’re stupid. We act as though we’re so much better than those with whom we’re sharing information, and it shows. This is at the heart of a massive cultural change in our world, because the people just aren’t as stupid as the elites of the Industrial Age, 20th Century think we are. And we’re getting smarter every day, and the smarter we get, the more disruptive we get. I wrote about this in The Evolving User Paradigm many years ago.

Vaynerchuk is absolutely right, because people have access to information that used to be protected by and for elites. This is not going to end well for the status quo, and journalists especially — who think of our trade as a profession — are incredibly vulnerable in separating ourselves so arrogantly from the people we serve.

I’ve written before of Edward Bernays’ (The “father” of public relations) 1947 essay The Engineering of Consent, in which he wrote:

“If we understand the mechanism and motives of the group mind, it is now possible to control and regiment the masses according to our will without their knowing it.”

The point is that the ruling class of the 20th Century is being disrupted by the Internet and its ability to put information in the hands of everyday people. It makes Bernays’ cleverness much more difficult, which prompts observers like Gary Vee to note that “The customers’ bullshit radar is better than ever before.”

In a recent interview with SFGATE, CBS Evening News anchor Scott Pelley tried to explain a recent uptick in ratings for network newscasts.

“Because never in human history has so much information been available to so many people, but unfortunately that also means that never in human history has so much bad information been available to so many people.”

“We may not get it right all the time, but at least (viewers) know serious journalists and serious editors are trying to get the news right.”

No they don’t, Mr. Pelley, as the Gallup survey of media trust going back to 1973 reveals a serious decline in trust of the press by the American public. Only 1 in 5 believe these kinds of statements. For the others (80% of us) what Mr. Pelley is selling is, well, bullshit.

But it goes far beyond that culturally.

In this simple statement, Mr. Pelley reveals his bias and represents the central argument of colonialism — that people are stupid and need the brilliance and experience of experts in order to survive and thrive. Along the way, these experts make a very fine living as parts of the hierarchical ecosystem that feeds the masses. Every institution of Western Civilization functions on this tenet, which needs to be the functional reality in order for the elites to manage everybody, whether they know it or not. It’s eerily similar to the way things where in 15th Century Europe when Gutenberg challenged the ruling authority of the Roman Church by printing the Bible and subsequently, a common English language version.

TVNewsCheck ran an article recently about WBIR-TV news director Christy Moreno in Knoxville who regularly asks for feedback from viewers on daily decision-making. Notice the response of the Poynter Institute, that bastion of journalistic tradition.

Purists, such as Kelly McBride, Poynter’s expert on journalistic ethics, however, don’t like the idea, saying the average TV watcher doesn’t have the skills it takes to resolve journalistic issues.

“Making ethical decisions about journalism is a process,” McBride says. “When you crowd source a decision, you come out with the lowest common denominator. That’s just the math of it.

So easily do these words flow from Ms. McBride’s mouth (and, let’s be honest here, the mouths of “most” professional journalists) that there’s not even the slightest thought that the idea may be insulting to a person with even average intelligence. This delusional gap between journalist and average citizen is at the heart of the people’s mistrust of the press.

I keep running into TV news directors who view their websites as a distribution point for what we call “Finished Product News,” in other words a completed, fully-vetted story filled with every detail and pictures or video that we have (see my 2007 essay “News is a Process, Not a Finished Product”). It’s not; it’s a distribution point for bits and pieces. Our TV newscasts are our “finished products.” This, too, is a failure to recognize a) that people understand the moving, changing, evolving nature of news in the process of development and b) that they don’t need us to assemble everything for them.

Citizen media pioneer Dan Gillmor and author of the seminal “We, The Media,” once wrote “My readers know more than I do.” He was speaking of his readers as a group, and he spoke to them always with respect and humility. We could use a whole lot more of that ourselves as we deal with both the changing nature of news on the Web and the changing cultural roles brought about by the cultural shift to postmodernism.

Broadcasters and Aereo: sometimes winning means losing

We have a lottery game here in Texas called “All or Nothing.” The point is that if you get ALL the numbers on your ticket, you win, but you also win if there are NONE of the numbers on your ticket. Hence, “all or nothing.”

I think the Supreme Court’s pending decision in the broadcasters versus Aereo case is a similar proposition for the broadcast TV industry, although the other way around. They will lose even if they win.

Historically, when given the opportunity — which this case does — to come down on the side of culture, the high court cannot resist, and culture — whether we like it or not — is moving to a one-to-one model of communications. There are exceptions, certainly, but the use of government resources, like spectrum, to enable old school thinking is up for grabs in the hands of the high court. What most people don’t realize is that one-to-one can mimic one-to-many in certain necessary situations, but one-to-many cannot mimic one-to-one. This is the essence of Jay Rosen’s “Great Horizontal,” and why this case is so fraught with danger for the status quo. You see, it isn’t about my ability to receive; it’s about my ability to send, and that’s why a whole host of laws have to be modified, including the use of the spectrum that’s owned by the people.

TVNewsCheck’s Harry Jessel published a piece last week that examined the question of what happens if the court sides with Aereo. As informative as the essay is, the comments are not only entertaining but also revealing regarding how broadcasters think in terms of defending themselves in the case. Here are six general themes:

  1. Its “unnegotiable” civil defense mission is what will sustain broadcast spectrum. The Telcos even now are working to develop a new system of civil defense warnings and assisting the government in real time and beyond.
  2. The question before the court can’t produce a loss for broadcasters. Since when has the “question before the court” prevented the Supremes from deviating? Sorry, I don’t view this as protection.
  3. Local bandwidth is too small to permit any significant competition to high quality OTA broadcast delivery. This is the same argument used by broadcasters when cable first came on the scene. Quality follows what culture wants.
  4. The most likely outcome would be for Congress to intervene, revising the Copyright Act to bring systems such as Aereo’s within the purview of the transmit clause. The Supreme Court doesn’t need Congress to make law.
  5. There is a finely balanced economic ecosystem going on here in which everyone thrives. But it’s an ecosystem that can be damaged if something disruptive, like a Supreme Court win for Aereo, took place. Nobody cares about our “finely balanced economic ecosystem,” except where it impacts their wallets, and that is a biggie that the court could impact.
  6. If the Supremes give the decision to Aereo, then broadcasters’ spectrum is safe, because Aereo depends on a broadcast signal in order for its antenna farms to work. Well, yes, and that’s a possibility, but Harry’s piece fully explores how that could be a net loss for broadcasters anyway.

If the broadcasters were to win, however, there’s a significant chance, in my view, that the price of winning will be its spectrum, because there is widespread and significant pressure to shift TV stations to cable in the name of spectrum use for the one-to-one world of the Web.

It is the law that gives broadcasters the spectrum. It is the law that says cable companies MUST carry the broadcast signals. It is the law says that broadcasters have a right to compensation for cable carrying their signals. And now broadcasters want the law again to boost their business model. Live by the law, die by the law, for the Supreme Court is the final arbiter of what is or isn’t law, and that’s why this case was such a crap shoot from the beginning.

Broadcasters are already acting as cable companies, and here’s the rub. If broadcast signals become cable channels, then must-carry laws are irrelevant, and retrains fees become renegotiable. Without the weight of law behind the broadcast companies, there’s little doubt in my mind that the networks will by-pass the local money tree in making their programming available via cable. Hence, the losing even if they win.

The problem for the Supremes — and the key reason I think they took this case — is the profound necessity of rewriting what copyright means, absent the immense Congressional lobbying power of the status quo. “Intellectual property” is an oxymoron created by the entertainment industry to give itself the weight of law in conducting its business throughout the world. It works fine in the one-to-many world of mass media, but it makes no sense in the Great Horizontal, and this is the conundrum for the court. Personal use of products must include sharing in a one-to-one universe, and every one of the old industries that thrived in a one-to-many paradigm must face this reality. It will take something like a court ruling to give the people formerly known as the audience (thank you, Jay Rosen) what they deserve.

The supermarket can’t charge me twice for a meal I share with neighbors, yet this is the absurdity of current copyright inside the network. The network is a cultural shift that’s here to stay, and its advancement is the duty of those in positions to make it so, such as our Supreme Court justices. Neither side in this case gives a ripple chip about consumers, the people, and that’s what the court will be forced to consider.

Folks, there’s much more riding here than the question before the court. In attempting to right what they view as a business wrong, broadcasters have opened Pandora’s box, and the chaos unleashed will likely produce a deleterious result for anything “business as usual.”

BONUS LINK, also via TVNewsCheck: Michael Berg’s legal view of the case (although tilted by an admitted bias towards the NAB).

New York Press Club responds to police rule change

The New York Press Club has fired off a letter to police commissioner Raymond Kelly (I thought it was Tom Selleck) demanding an explanation among other things for a rather striking rule change impacting the press. Reporters used to be able to obtain police reports at the precincts they were covering, but they must now go to a central office. Here’s the letter:

December 9, 2013

Commissioner Raymond W. Kelly
New York City Police Department
One Police Plaza
New York, NY 10038

Dear Commissioner Kelly:

On behalf of the New York Press Club, I strongly protest NYPD’s latest decision to cut-off a long-standing source of information, vital to New Yorkers.

The policy change to deny media access to complaint reports at the precinct level is, to us, another example of blatant hostility by NYPD toward locally-based media outlets that disseminate information about neighborhood occurrences to residents of those neighborhoods. We are stumped by the question of why NYPD now requires community reporters to scurry down to the notoriously uncommunicative and uncooperative DCPI office to examine incident reports that originate locally. One inescapable conclusion about the new policy is that NYPD wishes to “edit” or otherwise obfuscate the information in question. At the very least, the policy unnecessarily complicates public access to information and data that should instead be freely available.

This new restriction on openness and accessibility is, in our opinion, another disturbing example of the department’s recent, relentless slide towards non-accountability. We therefore request restoration of the previous, long-standing policy and its expansion to all precincts. We also request, for publication, an explanation of the reasoning behind NYPD’s latest decision to constrict access.

Thank you,

Sincerely,

Larry Seary
President

CC: Mayor Michael Bloomberg, Mayor-elect William de Blasio, William J. Bratton, John McCarthy, Donna Lieberman, Esq.

This is a big deal, folks, and I’m surprised I haven’t seen it elsewhere. It’s a big deal, because it signals a reaction to the concept of “everybody’s a reporter.” It’s the kind of thing we’re going to see repeated as the institutions of Western culture are challenged by weakening silos and authority that’s spread horizontally across a world that used to be entirely top-down. The press has always been defined by its access, but as Mr. Seary notes above, even press club members themselves face a form editing in the oldest information gathering process on the planet — the police beat.

While nothing about this is good for the First Amendment, it does point out the absurdity of trying to govern a horizontal culture with top-down rules.

Stay tuned. This one is going to get interesting.

The future of journalism is independent contractors

Dad's new master bedroom

Dad’s new master bedroom

I recently finished a small remodeling project at my house, and I learned something that validates a suspicion I have about the future of work and specifically those who work in journalism.

I turned a bedroom/bathroom combination into a second master bedroom, because my 90-year old father-in-law is coming to live with us. I wanted to give the old guy some privacy, and putting the bathroom “inside” his space did the trick. The guys who built it were independent contractors who were paid by the contractor I hired. Sears delivered dad’s new mattress and box spring, and the deliverymen, while wearing Sears shirts, were independent contractors paid by Sears. Empire Carpets came out and installed hardwood flooring. The two guys who did the work were independent contractors paid by Empire to install carpets, tile and hardwoods.

I spoke with each of these people about working as independent contractors instead of employees, and while they all bemoaned the lack of benefits, they all said that working for themselves had some advantages, especially when it came to taxes.

Clearly the business world is moving in the direction of independent contractors, and I’ve been writing for ten years that this will one day be the model for media companies. In the beginning, it will likely come about as a cost savings, but in the end, I think it’ll also be a part of acknowledging the growth of what J. D. Lasica first termed the “personal media revolution” in his 2005 book “Darknet, Hollywood’s War Against the Digital Generation.”

Right now, in every community in the U.S., there are people practicing a form of journalism who aren’t employed by traditional journalism companies. Athletes, actors, retired journalists and TV people, elected officials, municipalities, police and fire departments, writers, moms, dads, students and many others are self-publishing content worthy of consideration as “news,” and tomorrow’s news organization will aggregate all of it. And if news becomes a matter of aggregating, then it makes sense for those who are currently “employed” to work for themselves and the highest bidder. This could upend the entire local media farm system, which finds young people just passing through small markets on their way to jobs in bigger markets. Smaller markets will be home to those who wish to live there, and I feel that would be quite a good thing for journalism.

Forbes is already practicing a form of this, as is the Huffington Post. Don’t be surprised when local media companies begin to move in this direction.