Business
Column: California and Canada absolutely must call Google’s and Facebook’s bluff on news
In June, Canada passed a law that will require major tech platforms such as Google and Facebook to pay a small fee when they host news on their platforms, to compensate the journalistic outlets that produced it. A similar bill recently cleared crucial hurdles in California and now has a serious chance at becoming law too.
In response, Google and Facebook say they will have no choice but to ban news altogether from their services in those markets when and if these laws go into effect.
California and Canada must absolutely not give in to the tech giants’ tantrum. This is a bluff, and not a particularly convincing one. For the sake of the beleaguered news industries in both places (yes, including this media outlet), the Canadian and Californian governments must absolutely call it.
For assurance, we should look to Australia, where a like-minded bill went into law in 2021, even after Google and Facebook made the same exact threats. Facebook did initially restrict access to news, but the ploy lasted barely a week before it backfired wildly, and Facebook agreed to comply, albeit after extracting some concessions.
That bill has already restored tens of millions of dollars in revenue to Australia’s troubled newsrooms, and, while far from perfect, has transformed the media environment dramatically.
A journalism professor in Sydney named Monica Attard told the Columbia Journalism Review that conditions have reversed themselves so dramatically that she has trouble selling students on internships anymore — it’s just so easy to find an entry-level job, thanks to the hiring spree that has followed the passage of Australia’s news law. “I swear to God,” she said, “I have not seen it like this in 20 years.”
This is music to the ears of just about anyone who cares about journalism or making a living in the increasingly battered media industry. In California, and in the U.S. in general, journalism has seen a relentless, two-decade decline. Just this year alone, BuzzFeed News shut down entirely, Vice Media went bankrupt, the Washington Post saw a round of cuts, and here at The Times, layoffs have hit 13% of our newsroom. The culprit of these recent guttings is largely declining digital ad and subscription revenue.
It’s the same story in Canada. The Canadian journalist and tech critic Paris Marx points out that overall media revenue declined by $6 billion between 2008 and 2020, and that the journalism industry shed a third of all its jobs between 2010 and 2016. Hundreds of outlets have shut down in that time span.
Hence, Canada’s law, Bill C-18, or the Online News Act. It’s based largely on Australia’s version, and is motivated by the fact that the tech giants have usurped the digital ad revenue that would otherwise flow to journalistic outlets.
It’s indisputable that part of what makes both Facebook and Google so valuable as platforms is that they are both hubs where users find, share and discuss news stories. News stories are one of the major categories of information that Google indexes; they make the service feel crucial and current. Whenever there’s a major local or world event, we search Google for the latest development. And alongside personal updates from family and friends, sharing news — and getting mad about it — is entirely foundational to Facebook.
Over the years, the value that news has brought to Google and Facebook (not to mention to Twitter, Reddit and other major social platforms) is staggering. Journalism has bolstered the value proposition of these platforms considerably. Picture, for a minute, a Facebook without legitimate news — where the only posts you encounter aside from baby pics are your uncle’s political screeds and bad memes. It would be a cesspool. And try conjuring a portrait of Google with no media to index. Guess it would still be good for finding recipes and Wikipedia pages.
All this, of course, has come at a great cost to newsrooms. Why subscribe to a newspaper when you can get the latest headlines and commentary on social media for free? And if you’re an advertiser, why pay for space in a smaller, localized publication when you can go right to the digital room that everyone’s hanging out in and slather your poster on the wall there — just above the bulletin board with the same headlines from that smaller publication?
Given all of the above, it seems eminently fair that the tech giants help pay for the content that has given them so much value. And lest you think this is a radical redistributionist proposition, allow me to share the views of someone else who thinks so — one Rupert Murdoch.
“Right now, we have a situation where content creators bear all the costs, while aggregators enjoy many of the benefits,” the News Corp. mogul said at a conference on the future of digital journalism back in 2009. “Our customers are smart enough to know that you don’t get something for nothing. That goes for some of our friends online, too. And yet there are those who think they have a right to take our news content and use it for their own purposes without contributing a penny to its production.”
The complicated part, of course, is how to orchestrate that contribution. Since we’re talking about platforms here, where not just Google or Facebook but their billions of users post content, any mechanism aimed at determining its value and paying journalists their fair share is bound to be unwieldy, especially at first. The Australian bill, for example, compels the tech giants to negotiate with news outlets to determine a fair rate for hosting their work; in a somewhat unusual arrangement, it forces Big Tech to the bargaining table by stipulating that an independent arbiter will essentially default to the news organizations’ bid if Google or Facebook don’t enter one of their own.
It should be said that this process is far, far from perfect. It has excluded smaller news outlets that have had trouble getting included in the bargaining, and critics say that the system is too opaque and that it’s unclear what percentage of the new tech revenue is directly benefiting journalism. The largest beneficiaries seem to be the most established newsrooms, which is one reason media trade groups in Canada and California are salivating over the deal.
Still, it’s been a powerful force for getting boots on the ground in Australia. The Columbia Journalism Review estimates that its online news law has given Australia’s public broadcasting company enough resources to send 50 new journalists to underserved and far-flung parts of the nation, that it now accounts for 30% of all editorial salaries, and that, in total, it’s already put $150 million back into the news industry’s coffers. As a journalist who has seen cost-cutting and layoffs batter every single one of the organizations I’ve worked at for the last 15 years, from digital media startups to legacy outlets, that sort of an injection would be nothing short of miraculous.
And it sure can feel like journalism needs a miracle these days. But to me, all this shows that the news industry doesn’t need a miracle — it just needs decent regulation. It needs the tech giants that have built their empires in part on the backs of content produced by journalists to pay their fair share.
I think they will. I think they know that no matter how many scare tactics they trot out — Big Tech is trying to paint these efforts as a “link tax” and to claim that the laws will benefit international news conglomerates over local concerns — if they really do refuse to offer news, users will simply turn to competitors that do. Or go straight to the source! And consider paying for a subscription to that local paper, maybe — which also would be a fine outcome for the news industry.
Canada’s law tries to improve on Australia’s by allowing smaller news organizations to cluster together to bargain collectively, in an effort to prevent them from losing out. California’s, I may say, is even better. The Journalism Preservation Act not only features a rare alliance of industry leaders and labor — the Media Guild of the West, of which I am a member, unanimously endorsed the bill in April — but also ensures that 70% of the platform funds go toward newsroom payroll. Directly to journalists, in other words. It would provide a huge boon to newsgathering at a crucial juncture in the industry.
Matt Pearce, the president of the MGW and a reporter here at The Times, has fought for some of those labor and journalism-friendly provisions. “Google and Meta have used their immense size to capture much of the value that quality work generates for advertisers,” he says, “and what chance does a newsroom have to win a fair deal — let alone maintain our journalistic independence — when these massive companies have the clout and willingness to threaten an entire country with a ban on displaying news?”
Indeed, it’s a sign of bad faith — and a bad bluff — that rather than offer meaningful alternatives, Google and Facebook are simply stamping their feet. Governments must not give in; there’s too much at stake.
When Facebook announced that it would ban news in California if the law passes here, I tweeted that it felt like a bluff. Andy Stone, the head of Meta’s communications department, slid into my DMs. “I’d caution you against thinking this isn’t real,” he said, pointing to the fact they made the same statement in Canada.
I asked him why it would be different from what happened in Australia. I asked him if Facebook had a counterproposal.
There was no reply.
Business
Albania Gives Jared Kushner Hotel Project a Nod as Trump Returns
The government of Albania has given preliminary approval to a plan proposed by Jared Kushner, Donald J. Trump’s son-in-law, to build a $1.4 billion luxury hotel complex on a small abandoned military base off the coast of Albania.
The project is one of several involving Mr. Trump and his extended family that directly involve foreign government entities that will be moving ahead even while Mr. Trump will be in charge of foreign policy related to these same nations.
The approval by Albania’s Strategic Investment Committee — which is led by Prime Minister Edi Rama — gives Mr. Kushner and his business partners the right to move ahead with accelerated negotiations to build the luxury resort on a 111-acre section of the 2.2-square-mile island of Sazan that will be connected by ferry to the mainland.
Mr. Kushner and the Albanian government did not respond Wednesday to requests for comment. But when previously asked about this project, both have said that the evaluation is not being influenced by Mr. Kushner’s ties to Mr. Trump or any effort to try to seek favors from the U.S. government.
“The fact that such a renowned American entrepreneur shows his interest on investing in Albania makes us very proud and happy,” a spokesman for Mr. Rama said last year in a statement to The New York Times when asked about the projects.
Mr. Kushner’s Affinity Partners, a private equity company backed with about $4.6 billion in money mostly from Saudi Arabia and other Middle East sovereign wealth funds, is pursuing the Albania project along with Asher Abehsera, a real-estate executive that Mr. Kushner has previously teamed up with to build projects in Brooklyn, N.Y.
The Albanian government, according to an official document recently posted online, will now work with their American partners to clear the proposed hotel site of any potential buried munitions and to examine any other environmental or legal concerns that need to be resolved before the project can move ahead.
The document, dated Dec. 30, notes that the government “has the right to revoke the decision,” depending on the final project negotiations.
Mr. Kushner’s firm has said the plan is to build a five-star “eco-resort community” on the island by turning a “former military base into a vibrant international destination for hospitality and wellness.”
Ivanka Trump, Mr. Trump’s daughter, has said she is helping with the project as well. “We will execute on it,” she said about the project, during a podcast last year.
This project is just one of two major real-estate deals that Mr. Kushner is pursuing along with Mr. Abehsera that involve foreign governments.
Separately, the partnership received preliminary approval last year to build a luxury hotel complex in Belgrade, Serbia, in the former ministry of defense building, which has sat empty for decades after it was bombed by NATO in 1999 during a war there.
Serbia and Albania have foreign policy matters pending with the United States, as both countries seek continued U.S. support for their long-stalled efforts to join the European Union, and officials in Washington are trying to convince Serbia to tighten ties with the United States, instead of Russia.
Virginia Canter, who served as White House ethics lawyer during the Obama and Clinton administrations and also an ethics adviser to the International Monetary Fund, said even if there was no attempt to gain influence with Mr. Trump, any government deal involving his family creates that impression.
“It all looks like favoritism, like they are providing access to Kushner because they want to be on the good side of Trump,” Ms. Canter said, now with State Democracy Defenders Fund, a group that tracks federal government corruption and ethics issues.
Business
Craft supplies retailer Joann declares bankruptcy for the second time in a year
The craft supplies and fabric retailer Joann filed for bankruptcy for the second time in less than a year, as the chain wrestles with declining sales and inventory shortages, the company said Wednesday.
The retailer emerged from a previous Chapter 11 bankruptcy process last April after eliminating $505 million in debt. Now, with $615 million in liabilities, the company will begin a court-supervised sale of its assets to repay creditors. The company owes an additional $133 million to its suppliers.
“We hope that this process enables us to find a path that would allow Joann to continue operating,” said interim Chief Executive Michael Prendergast in a statement. “The last several years have presented significant and lasting challenges in the retail environment, which, coupled with our current financial position and constrained inventory levels, forced us to take this step.”
Joann’s more than 800 stores and websites will remain open throughout the bankruptcy process, the company said, and employees will continue to receive pay and benefits. The Hudson, Ohio-based company was founded in 1943 and has stores in 49 states, including several in Southern California.
According to court documents, Joann began receiving unpredictable and inconsistent deliveries of yarn and sewing items from its suppliers, making it difficult to keep its shelves stocked. Joann’s suppliers also discontinued certain items the retailer relied on.
Along with the “unanticipated inventory challenges,” Joann and other retailers face pressure from inflation-wary consumers and interest rates that were for a time the highest in decades. The crafts supplier has also been hindered by competition from others in the space, including Michael’s, Etsy and Hobby Lobby, said Retail Wire Chief Executive Dominick Miserandino.
“It did not necessarily learn to evolve like its nearby competitors,” Miserandino said of Joann. “Not many people have heard of Joann in the way they’ve heard of Michael’s.”
Joann is not the first retailer to continue to struggle after going through bankruptcy. The party supply chain Party City announced last month it would be shutting down operations, after filing for and emerging from Chapter 11 bankruptcy in 2023.
Over the last two years, more than 60 companies have filed for bankruptcy for a second or third time, Bloomberg reported, based on information from BankruptcyData. That’s the most over a comparable period since 2020, when the COVID-19 pandemic kept shoppers home.
Discount chain Big Lots filed for bankruptcy last September, and the Container Store, a retailer offering storage and organization products, declared bankruptcy last month. Companies that rely heavily on brick-and-mortar locations are scrambling to keep up with online retailers and big-box chains. Fast-casual restaurants such as Red Lobster and Rubio’s Coastal Grill have also struggled.
High prices have prompted consumers to pull back on discretionary spending, while rising operating and labor costs put additional pressure on businesses, experts said. The U.S. annual inflation rate for 2024 was 2.9%, down from 3.4% in 2023. But inflation has been on the rise since September and remains above the Federal Reserve’s goal of 2%.
If a sale process for Joann is approved, Gordon Brothers Retail Partners would serve as the stalking-horse bidder and set the floor for the auction.
Business
U.S. Sues Southwest Airlines Over Chronic Delays
The federal government sued Southwest Airlines on Wednesday, accusing the airline of harming passengers who flew on two routes that were plagued by consistent delays in 2022.
In a lawsuit, the Transportation Department said it was seeking more than $2.1 million in civil penalties over the flights between airports in Chicago and Oakland, Calif., as well as Baltimore and Cleveland, that were chronically delayed over five months that year.
“Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times,” the transportation secretary, Pete Buttigieg, said in a statement. “Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections.”
Carriers are barred from operating unrealistic flight schedules, which the Transportation Department considers an unfair, deceptive and anticompetitive practice. A “chronically delayed” flight is defined as one that operates at least 10 times a month and is late by at least 30 minutes more than half the time.
In a statement, Southwest said it was “disappointed” that the department chose to sue over the flights that took place more than two years ago. The airline said it had operated 20 million flights since the Transportation Department enacted its policy against chronically delayed flights more than a decade ago, with no other violations.
“Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years,” Southwest said.
Last year, Southwest canceled fewer than 1 percent of its flights, but more than 22 percent arrived at least 15 minutes later than scheduled, according to Cirium, an aviation data provider. Delta Air Lines, United Airlines, Alaska Airlines and American Airlines all had fewer such delays.
The lawsuit was filed in the United States District Court for the Northern District of California. In it, the government said that a Southwest flight from Chicago to Oakland arrived late 19 out of 25 trips in April 2022, with delays averaging more than an hour. The consistent delays continued through August of that year, averaging an hour or more. On another flight, between Baltimore and Cleveland, average delay times reached as high as 96 minutes per month during the same period. In a statement, the department said that Southwest, rather than poor weather or air traffic control, was responsible for more than 90 percent of the delays.
“Holding out these chronically delayed flights disregarded consumers’ need to have reliable information about the real arrival time of a flight and harmed thousands of passengers traveling on these Southwest flights by causing disruptions to travel plans or other plans,” the department said in the lawsuit.
The government said Southwest had violated federal rules 58 times in August 2022 after four months of consistent delays. Each violation faces a civil penalty of up to $37,377, or more than $2.1 million in total, according to the lawsuit.
The Transportation Department on Wednesday also said that it had penalized Frontier Airlines for chronically delayed flights, fining the airline $650,000. Half that amount was paid to the Treasury and the rest is slated to be forgiven if the airline has no more chronically delayed flights over the next three years.
This month, the department ordered JetBlue Airways to pay a $2 million fine for failing to address similarly delayed flights over a span of more than a year ending in November 2023, with half the money going to passengers affected by the delays.
-
Technology7 days ago
Meta is highlighting a splintering global approach to online speech
-
Science5 days ago
Metro will offer free rides in L.A. through Sunday due to fires
-
Technology1 week ago
Las Vegas police release ChatGPT logs from the suspect in the Cybertruck explosion
-
Movie Reviews1 week ago
‘How to Make Millions Before Grandma Dies’ Review: Thai Oscar Entry Is a Disarmingly Sentimental Tear-Jerker
-
Health1 week ago
Michael J. Fox honored with Presidential Medal of Freedom for Parkinson’s research efforts
-
Movie Reviews1 week ago
Movie Review: Millennials try to buy-in or opt-out of the “American Meltdown”
-
News1 week ago
Photos: Pacific Palisades Wildfire Engulfs Homes in an L.A. Neighborhood
-
World1 week ago
Trial Starts for Nicolas Sarkozy in Libya Election Case