Why Nick Denton’s Carelessness with Hulk Hogan Threatens the Future of Journalism

On Friday, six ordinary people in Florida, none terribly acquainted with the tabloid sausage factory when they were selected to serve as jurors for an invasion of privacy trial, deliberated for six hours on a case involving a former wrestler. They decided that Gawker, in posting a two minute excerpt of a Hulk Hogan sex tape, had crossed the line. The stunning $115 million verdict leveled against Gawker, with punitive damages set to be determined next week, is likely to deracinate what remains of the Gawker Empire. As of Saturday morning, Gawker had not published any new posts.

This verdict’s implications are significant for anyone interested in the First Amendment. It could mean that journalists will begin to pull their punches on stories that are far more important than a famous figure’s pelvic thrusting. And in an age in which unconventional reporting has emerged with squirming innovation from the rocky shadow of traditional media’s crumbling calcite hold, this may very well hinder the often necessary work needed to expose divisive yet pivotal duplicities. In a post-Hogan media landscape, would Mitt Romney’s infamous 2012 video about the “47 percent” constitute “invasion of privacy”? Will Donald Trump’s literal war on the press, barring and attacking and intimidating reporters he “disagrees” with, be reinforced by a wave of perceived invasion buttressed by court decisions in the near future?

More lawsuits are sure to follow in Hulk Hogan’s wake. (Indeed, Gawker is set to battle another $10 million lawsuit from Ashley Terrill, who alleges that Gawker published “a false and highly defamatory hit-piece” that harmed her reputation. This additional suit was filed by Hulk Hogan’s attorney.) But if more juries conclude that journalists who indiscriminately post private information about public figures are committing serious breaches of their public duties, breaches that cannot be justified as “journalism,” then this will seriously impair the Fourth Estate’s vital role in our culture, which is to serve as a legitimate watchdog against corruption, hypocrisy, and wrongdoing through a commitment to fairness and airtight facts.

If press freedom erodes in the next few years, Gawker founder Nick Denton must be blamed for this. He operated with a level of irresponsibility and carelessness, willfully hiring a spate of reckless editors who ran his website as if they were grand tyrants of limitless hubris — whether it be former editor John Cook defiantly refusing to remove the Hulk Hogan post, former Gawker editor A.J. Daulerio stating vulgarly and foolishly in a deposition that a sex tape would not be newsworthy if it included a child under the age of four, or the Jordan Belfort-like shenanigans of former Gawker editors Tommy Craggs and Max Read running up a $546 bill at a fancy restaurant before resigning in protest over a story that went out of its way to ruin a man’s life over sexual allegations that were never substantiated.

Denton, in perpetuating an office culture that was willfully adolescent and that opted for tawdriness in lieu of truth and decency, has not only set back his admirable ambitions to make Internet publishing something fresh and original, as smartly observed by USA Today‘s Michael Wolff, but he has destroyed the integrity of journalism: the impression promulgated not so long ago by the rightly celebrated film Spotlight that engrossing detail and rigorous pursuit of a scandal leads to essential conversations. Six regular people, representing a not insignificant perspective that many New York media mavens ignore at their peril, could not be persuaded that what Denton and Gawker was doing was right. And it is now up to journalists to win back the trust of America, to undo Denton’s considerable damage to an essential American freedom by refusing to skate on thin ice without grace, even as they perform jumps and spirals that we’ve never seen before.

The Case for Releasing Brian Williams Into the Wild

When a public figure goes well out of his way to tell a dubious sounding Horatio Alger story in interview after interview, especially one that is permanently soaked in a saccharine bath of American idealism, it is natural to be skeptical. It is also quite healthy to take authority figures to task for their flubs and gaffes, especially when we entrust them to tell us the truth.

I have spent the better part of a day sifting through profiles and speeches and documents, speaking with very helpful and overworked people at fire departments and restaurants, entering into email volleys with university registrars, and chatting with Catholics. I am forced to conclude that NBC News anchor Brian Williams is probably not a liar.

After corroborating the details of Williams’s life story with numerous sources, I have discovered that Williams’s mind has been mostly precise when recalling the details. The one notable exception — and this has caused justifiable controversy — is Williams’s claim that he was on board a helicopter during the 2003 invasion of Iraq, which was recently called into question by three Army officers courtesy of the reporters at Stars and Stripes. But another officer — Rich Krell — has presented a third alternative that lies somewhere between Williams’s story and the other officers, turning the tale into a veritable Rashomon for media junkies.

Aside from stretching his short stint as a volunteer firefighter out to “several years” and fluctuating his upbringing between “grindingly middle class,” “solidly middle class,” and “classic middle class,” I have discovered nothing that would lead me to impugn Williams.

“My break came when Betty Endicott, news director at WTTG in Washington, called me into an office and asked me to close the door one day. She said, uh, ‘They told me you used to do this. You did on camera. You did small market television in news.’ And I said, I said, ‘Yeah, I did. Briefly. It was an experiment. A failed experiment.’ She said, ‘Do you have any tapes?’ And I said, ‘Well, they’ve long since been burned and taken to a licensed landfill facility outside of town.'” — “Brian Williams: My First Big Break,” February 2, 2012

Somewhere beneath the relentless layers of pancake makeup, an anchorman projected onto ten million television sets is as human as the rest of us. While we are privately jostled by our friends for missing a few key details in a juicy anecdote, Williams must tell the same stories over and over: building upon his narrative, embellishing it, and risking more if he slips up once. And because his highly scrutinized vocation is committed to a rigid objectivity, he’s never allowed to gush over a subjective experience like the rest of us. This accounts for why Williams repeats phrases like “licensed landfill facility” when he discusses how he buried his early resume reel as a struggling young man. The specificity sounds suspicious. It’s preposterous enough that someone would go all the way to a refuse site to dispose of an incinerated 3/4″ videotape, but why should it be called a facility? And why qualify it with the “licensed” modifier? Why not just say that you eviscerated the damn tape in grandiose despair? Well, how many of us have to willfully repeat the same stories hundreds of times with a camera watching over us?

popejp2Public figures — especially ones committed to mainstream journalism — don’t have the luxury of expressing passion and exuberance so freely. So when Williams talks of “meeting” Pope John Paul II “by positioning himself at the top of the stairs of the Shrine of the Immaculate Conception” in October 1979 at Catholic University (the registrar confirmed with me that Williams was a student in the School of Arts and Sciences at the time), and an article with an accompanying photo reveals that the Pope was actually speaking on the steps (see right), should Williams be called a liar? Or can we let him off the hook by remembering a younger time when we “met” someone we admired simply by standing in close proximity?

The most significant inconsistency I found was in Williams’s flight from George Washington University to Pittsburg, Kansas, where Williams began his first (and unsuccessful) anchoring job at KOAM TV, working for $168 each week. In a 2013 interview with Alec Baldwin, Williams claimed that he packed up his belongings in the backseat of his Dodge Dart, along with his dog Charlie. But in a May 3, 2005 Landon Lecture at Kansas State University, Williams noted that he had bought a Ford Escort at Coffeyhouse Motors and claimed, “I rented a truck and I threw my trusty cocker spaniel in the front seat and I pointed my truck west from Washington and I moved to Kansas to start a new life and a new career.” Howard Kurtz’s The Reality Show: Inside the Last Great Television News War reports yet another version:

The unpaid bills and college debt piled up as Williams labored for meager wages, and when his Dodge Dart died one day in a cornfield, Bengston helped arranged a loan for a Ford Escort. But not even a new set of wheels could get Williams to a bigger market….Clearly, he had failed. Williams packed his dog, Charlie, into a Ryder truck, drove to Washington, moved into a basement, and took a courier’s job at the National Association of Broadcasters, delivering documents in a red station wagon. It was a huge comedown.

It’s worth pointing out that all of this occurred thirty-five years ago, a year before Williams got his big break at WTTG with news director Betty Endicott. Williams had landed a job as a chyron operator. Endicott learned that he had once been a reporter and promoted him on the spot. Willilams was covering the Pentagon not long later and on his way to an illustrious career. There is, of course, no way to confirm the conversation that transpired. Endicott is dead. The talk was behind closed doors. We have only Williams’s word for it. But it’s these details that are clear, not the struggle that led up to it. And why not? A successful person defines himself by the first moment of success, not necessarily by the incremental “fail better” moments that came before.

Which brings us back to Williams’s snafu with the helicopter. His memory, which is riddled with inconsistencies, is pitted against the memories of the Army officers. But Williams’s statements over the course of twelve years get opened up to public scrutiny. This isn’t the case for the officers. While it is undeniably interesting to see how Williams’s story changed, it also gives Williams an unfair disadvantage.

If CNN reported how I remembered an episode on December 31, 2000, it would probably read as follows:

January 1, 2001: In a largely illegible journal entry, Champion tries to recall what happened the night before in a drunken haze. “Clothes discovered on floor the next morning. Who is this woman lying next to me?” He doesn’t say that he made it with the woman in question, much less her name, only that he learned about her the next morning.

September 2001: Champion self-publishes a chapbook, Tortured Youth, that details the New Year’s Eve incident. The account is vague. A friend, who generously hands over the three dollars for this undercooked offering of autobiographical nonsense, credits “one of the Goth girls I see hanging at Elbo Room” for spotting Champion during that celebratory evening. The reader is told “We entered the apartment,” but the passage doesn’t state who made the first move, or Champion’s exact location. Whose apartment was it?

March 2004: During a secretly recorded chat, Champion speaks of that day in 2000 to an acquaintance who insists on documenting every moment for posterity. “I think I made the first move, but I can’t be sure. I was trying to put one foot in front of the other. Some stranger may have thrown a bottle at us.” This description suggests that Champion was under attack.

March 2006: Champion refers to the bottle attack, but cannot remember the woman’s name. Someone suggests that what happened on New Year’s Eve five years ago was probably nothing, but Champion recreates his artful leap from the exploding bottle on the ground, which he seems to recall more vividly than the woman.

February 2015: Champion tries to remember how he remembered that New Year’s Eve evening while writing about Brian Williams, realizing that if he had to deal with such insufferable media scrutiny on a regular basis, he’d be called a goddam liar for the rest of his natural life.

The above silliness is inconsequential to me. But if I were in any truly influential position, I am certain that it would be used against me.

Do news people have the right to tell their own stories even as they maintain objective stances on stories that they merely report on? Given the Choppergate ballyhoo, probably not. Or perhaps it’s just Williams who isn’t allowed to. He has made appearances on The Daily Show to demonstrate that he has a sense of humor, even as his nightly appearances on NBC suggest that he is something of a stiff. Television does not allow Williams to merge the two identities. Williams must carry on with these roles, adhering to the mandate embossed into the desk by top brass. Television news would be far more honest if Williams were to appear one night with a chainsaw, destroying his desk with a savage violence while reciting the news in a calm and objective voice. But if we can’t have that, maybe we should cut the guy some slack.

[2/6/15 UPDATE: Think Progress‘s Jessica Goldstein consulted several noted psychologists about the science of memory and how it applies to Williams. From Professor William Hirst: “You build your memories as you go along. We consolidate memories. There’s also evidence that, every time we retrieve a memory, it makes it vulnerable to reconsolidation. So if we retrieve something and tell that story at a dinner party, and slightly exaggerate your role, it reconsolidate to incorporate that exaggeration. And the next time you’re telling it, you’re building on that. You can see how the story can grow. And the stories we end up telling reflect the social framework in which we live.”]

The Journalist and the Murderer (Modern Library Nonfiction #97)

(This is the fourth entry in The Modern Library Nonfiction Challenge, an ambitious project to read and write about the Modern Library Nonfiction books from #100 to #1. There is also The Modern Library Reading Challenge, a fiction-based counterpart to this list. Previous entry: The Taming of Chance.)

mlnf97One of the mistakes often made by those who immerse themselves in Janet Malcolm’s The Journalist and the Murderer is believing that MacDonald’s guilt or innocence is what matters most. But Malcolm is really exploring how journalistic opportunity and impetuous judgment can lead any figure to be roundly condemned in the court of public opinion. Malcolm’s book was written before the Internet blew apart much of the edifice separating advertising and editorial with native advertising and sponsored articles, but this ongoing ethical dilemma matters ever more in our age of social media and citizen journalism, especially when Spike Lee impulsively tweets the wrong address of George Zimmerman (and gets sued because of the resultant harassment) and The New York Post publishes a front page cover of two innocent men (also resulting in a lawsuit) because Reddit happened to believe they were responsible for the 2013 Boston Marathon bombing.

Yet it is important to approach anything concerning the Jeffrey MacDonald murder case with caution. It has caused at least one documentary filmmaker to go slightly mad. It is an evidential involution that can ensnare even the most disciplined mind, a permanently gravid geyser gushing out books and arguments and arguments about books, with more holes within the relentlessly regenerating mass than the finest mound of Jarlsberg. But here are the underlying facts:

On February 17, 1970, Jeffrey MacDonald reported a stabbing to the military police. Four officers found MacDonald’s wife Colette, and their two children, Kimberley and Kristen, all dead in their respective bedrooms. MacDonald went to trial and was found guilty of one count of first-degree murder and two counts of second-degree murder. He was sentenced to three life sentences. Only two months before this conviction, MacDonald hired the journalist Joe McGinniss — the author of The Selling of a President 1968, then looking for a comeback — to write a book about the case, under the theory that any money generated by MacDonald’s percentage could be used to sprout a defense fund. MacDonald placed total trust in McGinniss, opening the locks to all his papers and letting him stay in his condominium. McGinniss’s book, Fatal Vision, was published in the spring of 1983. It was a bestseller and spawned a popular television miniseries, largely because MacDonald was portrayed as a narcissist and a sociopath, fitting the entertainment needs of a bloodthirsty public. MacDonald didn’t know the full extent of this depiction. Indeed, as he was sitting in jail, McGinniss refused to send him a galley or an advance copy. (“At no time was there ever any understanding that you would be given an advance look at the book six months prior to publication,” wrote McGinniss to MacDonald on February 16, 1983. “As Joe Wambuagh told you in 1975, with him you would not even see a copy before it was published. Same with me. Same with any principled and responsible author.” Malcolm copiously chronicles the “principled and responsible” conduct of McGinniss quite well, which includes speaking with MacDonald in misleading and ingratiating tones, often pretending to be a friend — anything to get MacDonald to talk.)

wallacemacdonald

On 60 Minutes, roughly around the book’s publication, Mike Wallace revealed to MacDonald what McGinniss was up to:

Mike Wallace (narrating): Even government prosecutors couldn’t come up with a motive or an explanation of how a man like MacDonald could have committed so brutal a crime. But Joe McGinniss thinks he’s found the key. New evidence he discovered after the trial. Evidence he has never discussed with MacDonald. A hitherto unrevealed account by the doctor himself of his activities in the period just before the murders.

Joe McGinniss: In his own handwriting, in notes prepared for his own attorneys, he goes into great detail about his consumption of a drug called Eskatrol, which is no longer on the market. It was voluntarily withdrawn in 1980 because of dangerous side effects. Among the side effects of this drug are, when taken to excess by susceptible individuals, temporary psychosis, often manifested as a rage reaction. Here we have somebody under enormous pressure and he’s taking enough of this Eskatrol, enough amphetamines, so that by his own account, he’s lost 15 pounds in the three weeks leading up to the murders.

eskatrolnoteWallace: Now wait. According to the note which I’ve seen, three to five Eskatrol he has taken. We don’t know if he’s taken it over a period of several weeks or if he’s taken three to five Eskatrol a day or a week or a month.

McGinniss: We do know that if you take three to five Eskatrol over a month, you’re not going to lose 15 pounds in doing so.

Jeffrey MacDonald: I never stated that to anyone and I did not in fact lose fifteen pounds. I also wasn’t taking Eskatrol.

Wallace (reading MacDonald’s note): “We ate dinner together at 5:45 PM. It is possible I had one diet pill at this time. I do not remember and do not think I had one. But it is possible. I had lost 12 to 15 pounds in the prior three to four weeks in the process, using three to five capsules of Eskatrol Spansule. I was also…”

MacDonald: Three to five capsules for the three weeks.

Wallace: According to this.

MacDonald: Right.

Wallace: According to this.

MacDonald: And that’s a possibility.

Wallace: Then why would you put down here that…that there was even a possibility?

MacDonald: These are notes given to an attorney, who has told me to bare my soul as to any possibility so we could always be prepared. So I…

Wallace: Mhm. But you’ve already told me that you didn’t lose 15 pounds in the three weeks prior…

MacDonald: I don’t think that I did.

Wallace: It’s in your notes. “I had lost 12-15 lbs. in the prior 3-4 weeks, in the process using 3-5 capsules of Eskatrol Spansules.” That’s speed. And compazine. To counteract the excitability of speed. “I was losing weight because I was working out with a boxing team and the coach told me to lose weight.” — 60 Minutes

One of McGinniss’s exclusive contentions was that MacDonald had murdered his family because he was high on Eskatrol. Or, as he wrote in Fatal Vision:

It is also fact that if Jeffrey MacDonald were taking three to five Eskatrol Spansules daily, he would have been consuming 75 mg. of dextroamphetamine — more than enough to precipitate an amphetamine psychosis.

Note the phrasing. Even though McGinniss does not know for a fact whether or not MacDonald took three to five Eskatrol (and MacDonald himself is also uncertain: both MacDonald and McGinniss prevaricate enough to summon the justifiably hot and bothered mesh of Mike Wallace’s grilling), he establishes the possibility as factual — even though it is pure speculation. The prognostication becomes a varnished truth, one that wishes to prop up McGinniss’s melodramatic thesis.

* * *

Malcolm was sued for libel by Jeffrey Masson over her depiction of him in her book, In the Freud Archives. In The Journalist and the Murderer, she has called upon all journalists to feel “some compunction about the exploitative character of the journalist-subject relationship,” yet claims that her own separate lawsuit was not the driving force in the book’s afterword. Yet even Malcolm, a patient and painstaking practitioner, could not get every detail of MacDonald’s appearance on 60 Minutes right:

As Mike Wallace — who had received an advance copy of Fatal Vision without difficulty or a lecture — read out loud to MacDonald passages in which he was portrayed as a psychopathic killer, the camera recorded his look of shock and utter discomposure.

Wallace was reading MacDonald’s own notes to his attorney back to him, not McGinniss’s book. These were not McGinniss’s passages in which MacDonald was “portrayed as a psychopathic killer,” but passages from MacDonald’s own words that attempted to establish his Eskatrol use. Did Malcolm have a transcript of the 60 Minutes segment now readily available online in 1990? Or is it possible that MacDonald’s notes to his attorney had fused so perfectly with McGinnis’s book that the two became indistinguishable?

This raises important questions over whether any journalist can ever get the facts entirely right, no matter how fair-minded the intentions. It is one thing to be the hero of one’s own story, but it is quite another to know that, even if she believes herself to be morally or factually in the clear, the journalist is doomed to twist the truth to serve her purposes.

It obviously helps to be transparent about one’s bias. At one point in The Journalist and the Murderer, Malcolm is forthright enough to confess that she is struck by MacDonald’s physical grace as he breaks off pieces of tiny powdered sugar doughnuts. This is the kind of observational detail often inserted in lengthy celebrity profiles to “humanize” a Hollywood actor uttering the same calcified boilerplate rattled off to every roundtable junketeer. But if such a flourish is fluid enough to apply to MacDonald, we are left to wonder how Malcolm’s personal connection interferes with her purported journalistic objectivity. In the same paragraph, Malcolm neatly notes the casual abuse MacDonald received in his mailbox after McGinniss’s book was published — in particular a married couple who read Fatal Vision while on vacation who took the time to write a hateful letter while sunbathing at the Sheraton Waikiki Hotel. This casual cruelty illustrates how the reader can be just as complicit as the opportunistic journo in perpetuating an incomplete or slanted portrait.

The important conundrum that Malcolm imparts in her short and magnificently complicated volume is why we bother to read or write journalism at all if we know the game is rigged. The thorny morality can extend to biography (Malcolm’s The Silent Woman is another excellent book which sets forth the inherent and surprisingly cyclical bias in writing about Sylvia Plath). And even when the seasoned journalist is aware of ethical discrepancies, the judgmental pangs will still crop up. In “A Girl of the Zeitgeist” (contained in the marvelous collection, Forty-One False Starts), Malcolm confessed her own disappointment in how Ingrid Sischy failed to live up to her preconceptions as a bold and modern woman. Malcolm’s tendentiousness may very well be as incorrigible as McGinnis’s, but is it more forgivable because she’s open about it?

* * *

It can be difficult for Janet Malcolm’s most arduous advocates to detect the fine grains of empathy carefully lining the crisp and meticulous forms of her svelte and careful arguments, which are almost always sanded against venal opportunists. Malcolm’s responsive opponents, which have recently included Esquire‘s Tom Junod, Errol Morris, and other middling men who are inexplicably intimidated by women who are smarter, have attempted to paint Malcolm as a hypocrite, an opportunist, and a self-loathing harpy of the first order. Junod wrote that “it’s clear to anyone who reads her work that very few journalists are animated by malice than Janet Malcolm” and described her work as “a self-hater whose work has managed to speak for the self-hatred” of journalism. Yet Junod cannot cite any examples of this self-hate and malice, save for the purported Henry Youngman-like sting of her one liners (Malcolm is not James Wolcott; she is considerably more thoughtful and interesting) and for pointing out, in Iphigenia in Forest Hills, how trials “offer unique opportunities for journalistic heartlessness,” failing to observe how Malcolm pointed out how words or evidence lifted out of context could be used to condemn or besmirch the innocent until proven guilty (and owning up to her own biases and her desire to interfere).

Malcolm is not as relentless as her generational peer Renata Adler, but she is just as refreshingly formidable. She is as thorough with her positions and almost as misunderstood. She has made many prominent enemies for her controversial positions — even fighting a ten year trial against Jeffrey Masson over the authenticity of his quotations (dismissed initially by a federal judge in California on the grounds that there was an absence of malice). Adler was ousted from The New Yorker, but Malcolm was not. In the last few years, both have rightfully found renewed attention for their years among a new generation.

One origin for the anti-Malcolm assault is John Taylor’s 1989 New York Magazine article, “Holier than Thou,” which is perhaps singularly responsible for making it mandatory for any mention of The Journalist and the Murderer to include its infamous opening line: “Every journalist who is not too stupid or too full of himself to notice what is going on knows that what he does is morally indefensible.” Taylor excoriated Malcolm for betraying McGinniss as a subject, dredged up the Masson claims, and claimed that Malcolm used Masson much as McGinniss had used MacDonald. It does not occur to Taylor that Malcolm herself may be thoroughly familiar with what went down and that the two lengthy articles which became The Journalist and the Murderer might indeed be an attempt to reckon with the events that caused the fracas:

Madame Bovary, c’est moi,” Flaubert said of his famous character. The characters of nonfiction, no less than those of fiction, derive from the writer’s most idiosyncratic desires and deepest anxieties; they are what the writer wishes he was and worries that he is. Masson, c’est moi.

Similarly, Evan Hughes had difficulty grappling with this idea, caviling over the “bizarre stance” of Malcolm not wanting to be “oppressed by the mountain of documents that formed in my office.” He falsely infers that Malcolm has claimed that “it is pointless to learn the facts to try to get to the bottom of a crime,” not parsing Malcolm’s clear distinction between evidence and the journalist’s ineluctable need to realize characters on the page. No matter how faithfully the journalist sticks with the facts, a journalistic subject becomes a character because the narrative exigencies demand it. Errol Morris can find Malcolm’s stance “disturbing and problematic” as much as he likes, but he is the one who violated the journalistic taboo of paying subjects for his 2008 film, Standard Operating Procedure, without full disclosure. One of Morris’s documentary subjects, Joyce McKinney, claimed that she was tricked into giving an interview for what became Tabloid, alleging that one of Morris’s co-producers broke into her home with a release form. Years before Morris proved triumphant in an appellate court, he tweeted:

The notion of something “unvarnished” attached to a personal account may have originated with Shakespeare:

And therefore little shall I grace my cause
In speaking for myself. Yet, by your gracious patience,
I will a round unvarnished tale deliver
Of my whole course of love. What drugs, what charms,
What conjuration and what mighty magic—
For such proceeding I am charged withal—
I won his daughter.
Othello, Act 1, Scene 3

Othello hoped that in telling “a round unvarnished tale,” he would be able to come clean with Brabantio over why he had eloped with the senator’s daughter Desdemona. He wishes to be straightforward. It’s an extremely honorable and heartfelt gesture that has us very much believing in Othello’s eloquence. Othello was very lucky not to be speaking with a journalist, who surely would have used his words against him.

Next Up: Truman Capote’s In Cold Blood!

The Bat Segundo Show: Annalena McAfee

Annalena McAfee appeared on The Bat Segundo Show #453. Ms. McAfee is most recently the author of The Spoiler.

[PROGRAM NOTE: In the first few minutes of the conversation, one of the microphones decided to blow out. And while Our Correspondent was equipped with two microphones, the microphone that blew out wasn’t the one on Our Correspondent’s voice, but the one that was on the author’s voice. Ms. McAffee’s words can be detected during this program, but if her voice sounds like it’s coming out of a small radiator, well, you now know why. Many apologies for the low quality to Ms. McAfee and to our listeners. We have done our best in post-production to preserve this conversation despite this setback.]

Condition of Mr. Segundo: Selling his scandalous tales to the highest bidder.

Author: Annalena McAfee

Subjects Discussed: The journalism novel’s long tradition, Evelyn Waugh’s Scoop, P.G. Wodehouse’s Psmith, Journalist, Guy de Maupassant, the number of women working as journalists, Michael Frayn’s Towards the End of the Morning, the lack of women journalists in Tom Rachman’s The Imperfectionists, Nellie Bly, Hedda Hopper, Louella Parsons, using phrases as “nasal plainchant,” how style and language allows one to escape tropes, plucky newsboys, formality, balancing characters, botching an interview, Tamara Sim’s entitlement, finding redeeming value in characters who don’t comprehend basic journalism, how to counter your own biases when writing fiction, providing what the newspapers want, narcissistic protagonists, 1997 as a cusp moment in journalism, journalistic ethics, the desperate scramble to be first with a story, cash for stories, single-source Fleet Street exposés, prostitutes and TV presenters, Tory MPs and tabloid scandals, the impulse to tear people down as a journalist, including a virtuous side character, the Conservative Monday Club vs. a fictitious Monday Club, Sherman Duffy’s idea of a journalist being “somewhere between a whore and a bartender,” the differences between US and UK journalism, whether or not cultural journalism is a slightly higher form of tabloid journalism, David Simon’s Q&A comments being needlessly dissected by short-sighted journalists, the problems with celebrity journalism, Ian McEwan as in-house editor, Amsterdam, Enduring Love, being grilled on television through personal connection, Marguerite Higgins, women war journalists, the infamous hostile showdown between Gloria Emerson and John Lennon, how Higgins inspired two novels, what journalism has lost because of the Internet, needless length caps applied to present-day journalism, Kindle Singles, the influence of Maxim in the early noughts, aggregate sites, The Browser, Twitter and the move to individual curators, obsession, and internal pressure for journalists.

EXCERPT FROM SHOW:

McAfee: In terms of tearing people down, I did not work in that world really. I worked on The Financial Times. It’s a fantastic paper and the probity is unimpeachable. I worked on The Guardian on the culture. I founded and edited The Guardian Review. Again, that’s a paper that’s on the side of angels. I was very, very lucky. I had a spell on the Evening Standard. But I was arts editor and theater critic. And I suppose in my capacity as theater critic, sometimes I might have been less than kind. But it certainly wasn’t the kind of sustained bullying. Or I didn’t have that opportunity. And I hope that if I did, I would be able to resist it.

Correspondent: So you were really perhaps comparable to the Monitor‘s books editor the morning after the party.

McAfee: Yes.

Correspondent: Where everybody else was completely trashed and their heads were throbbing and they were incapable of any conversation. And meanwhile, those who chose not to imbibe in this debauchery, they were able to seize the reins here, so to speak. (laughs)

McAfee: Well, books editor do debauchery too.

Correspondent: Of course. Most people do. We all know this.

McAfee: There’s no character assassinations or kiss-and-tells on my particular beat, thankfully.

Correspondent: Sure. I wanted to go back to the question of character balance. Because you have this confident young woman named Tania. She’s dutifully reading books. She’s researching her subjects.

McAfee: She’s called Tamara. But the old woman gets her name wrong and calls her Tania sometimes.

Correspondent: I’m sorry. I’m talking about — anyway, she even is very nice to respond to the quip.

McAfee: Oh, Tania.

Correspondent: Tania. That’s who I’m saying. Tania.

McAfee: You know my book better than I do.

Correspondent: I know that Honor, in a joke, actually calls her Tania. And that’s the clue that there is actually something askew because she completely insists on Tania. You have that email joke. Okay. Now that we’re on the same page, so you’ve got Tania.

McAfee: Yeah.

Correspondent: She’s this erudite person who’s incredibly capable and she’s even kind enough to offer this tinselly chime that you describe when Tamara says, “Oh, well, the future is unisex jumpsuits and time travel.” But this does not exactly help us in warming to Tamara. I was reading this book and I’m saying to myself, “You know, Tania, this woman’s got her stuff together.” But I’m wondering how you worked out your method of parceling out Tania’s appearances throughout the book. Because they tend to be somewhat sparse near the beginning. And I almost got the sense that, as you were working on this, you wanted to have not so much of Tania. Because then all of a sudden, we’ll really not like Tamara. I’m wondering how you balanced the Ts here.

McAfee: Well, I did kind of concede Tania as the future. The only capable young woman journalist. Brilliant and completely ahead of the game as far as technology. And, of course, as I say, that was a time — 1997 — it was still possible to believe that the Internet was a passing fad. And indeed some of our great commentators said so. “It will be over soon. It’s like Citizens Band radio. It’s like Esperanto. It’s a craze. It will pass.” I use a quote from one of our great commentators saying exactly that in January 1997. So that’s what Tamara and all her colleagues are thinking. But gradually I hope that as a young woman who runs a website, as the future makes itself plain, as we see what direction it’s going in, that was the aim. That ultimately the future belongs to Tania and she claims it.

Correspondent: But did you worry that she might, in fact, be too virtuous? I mean, you’ve got two characters who have issues with Tamara and Honor. You’ve got Tania, who has not a single bad bone as far as I know. So how do you deal with this balance? Because if you have too much of Tania, then it gets away from the two central characters here. And so I’m wondering if there was more of Tania in an earlier draft perhaps or you had to say to yourself, “Well, I have to wait twenty or thirty pages before she appears again.”

McAfee: Well, no, there wasn’t more of Tania. And actually, again, I’m trying for complexity. And to be perfectly honest, I find Tania’s virtuousness and her capabilities slightly irritating. She’s the person who does one’s own job better than one can ever do and is always the last to leave the office. And she doesn’t laugh much. Her tinselly chimes are part of a game rather than a sense of humor.

Correspondent: No, it’s more of a polite gesture, I thought. I mean, here, she has been just totally insulted and instead of actually allowing herself to be steamrolled, she decides to respond with some grace. The tinselly chimes.

McAfee: Grace? Well, the tear of the victor.

Correspondent: Here’s the other thing about Tania. I mean, I know people like this. They go ahead and they work very hard, but they have a dark side. So I was reading this book thinking, “You know, Tania’s probably doing something we don’t know.” But we never actually get there. So I’m wondering: why? (laughs)

McAfee: Well, that’s true. That is probably true. And, in fact, she does move in on people.

Correspondent: That’s true.

McAfee: She’s incredibly attractive. That’s another of her irritating virtues.

Correspondent: (laughs)

McAfee: But she uses it and is jockeying for position and is not afraid to use her sexuality.

Correspondent: Nevertheless, you find her irritating.

McAfee: Well…

Correspondent: The successful woman is irritating. Wait a minute here. (laughs)

McAfee: She doesn’t have warmth, I suppose. And that’s really it. She’s hard to read and she doesn’t seem generous to her colleagues.

Correspondent: I see.

McAfee: She lacks generosity.

Correspondent: She moves in on the territory and she does so without really seeing what the pecking order is.

McAFee: As I say, she’s got the ambition of a young person.

Correspondent: That’s an annoying quality. I’ll give you that. So it’s interesting that you have the Monday Club in this book. Because it’s far more liberal than the conservative Monday Club. Because you have the Twisk Foundation fighting child exploitation wherever it is to be found. You have the war correspondent. And I’m saying to myself, “You know, this is almost a Bizarro World Monday Club.” And so I’m wondering why you decided to go for a more progressive form of something that is a conservative institution in the UK.

McAFee: Well, they meet on a Monday. But I chose…

Correspondent: It could have been the Tuesday Club. (laughs)

McAfee: But I quite liked it. And I think I do say an ironic reference to the conservative, right-wing thinktank of the same name. Or whatever. So I quite liked playing with that. I mean, these are bien-pensant liberals and they’ve taken the name of the arch factory of Thatcherism.

Correspondent: Do you have any personal experience with the real Monday Club at all?

McAfee: No.

Correspondent: Any efforts to peek in there?

McAfee: No. Not at all. I can’t think of any.

Correspondent: So Sherman Duffy — he was a reporter friend of Ben Hecht’s — and he has this very famous maxim. He said, “Socially a journalist fits somewhere between a whore and a bartender.” Wonderful, wonderful line. Now in the Monday Club chapter, you not only have Tamara serving canapes to these affluent types. But you also have Ruth, Honor’s publisher — she’s actually engaged in this service sector activity as well. She’s unpacking the pastries on the plate and so forth. So I’m wondering if you were thinking of the Duffy maxim when you were considering this. This is a natural extension. Is there any way that fiction can help us and assist us in rehabilitating a journalist’s social status from somewhere between the whore and the bartender?

McAfee: Well, I mean, journalists are happy to see themselves as mavericks. Aren’t they? Certainly British journalists. I know that American journalism is a more honorable tradition.

Correspondent: Really? (laughs)

McAfee: I was talking to a friend about this the other night. And she said that there’s more of a public service attitude. And it can make for more solemn journalism. But in the UK, it’s well, you know, anything can go.

Correspondent: So you would say that journalism in the UK has declined considerably in the last ten years.

McAFee: Oh no.

Correspondent: Or twenty years.

McAfee: I wouldn’t. I wouldn’t. I mean, I think there’s marvelous stuff going on. Absolutely marvelous. In fact, all that’s changed is the medium really. My war correspondent is not — she’s a bit of a dragon. And she resents the fact that the world has turned and she is not the top of the pile anymore. In fact, if she’d looked around, she would have much to celebrate. Particularly women in journalism. Women like Marie Colvin, the late Marie Colvin. In Russia, Anna Politkovskaya, as she died in the cause of her work. There’s marvelous reporting going on. But there’s also a lot of dross. That’s all mainstream. I don’t get celebrity journalism. I just can’t understand the appeal.

Correspondent: But some would argue that cultural journalism is, I suppose, a classier version of celebrity journalism. What do you think?

McAfee: Yeah.

Correspondent: I ask myself this question too. I mean, look, I’ve read the book and I’m trying to tie it into a culture here. And I don’t want it to be about gossip. But at the same time, is this conversation also part of the problem? Even though it’s slightly higher on the brow? (laughs)

McAfee: Somebody said that novels were higher gossip.

Correspondent: (laughs) Yes.

McAfee: That’s the level of celebrity journalism that appeals to me. But yeah, TV stars. Reality TV shows. I mean, I don’t want to go on to that. But that seems to be cheap television and cheap journalism. And I don’t think there’s anything edifying that one gets from it.

Correspondent: Well, the problem we have here too — and this is really frustrating. David Simon, for example, recently said some things in an interview. He didn’t quite express himself very well. But he basically implied that people who didn’t watch The Wire from beginning to middle to end were not watching it according to his vision. And I can totally understand his sentiment. But from my standpoint, I was saying, “Well, this is really nothing to get all that worked up about.” But, of course, television journalists completely flipped out over this and said, “David Simon is being an ass.” And Simon then has to spend an hour of his life talking to this TV critic named Sepinwall, basically clarifying what he was saying, where he was coming from. And this, to my mind, is the epitome. This says nothing about The Wire. It says absolutely nothing about the actual relationship to art. And there were several people — including a New Yorker TV critic on Twitter — who were going off about this. And I was saying to myself, “You know, why are you devoting so much of your energy to try and systematically dismantle and deconstruct a quote that really has no bearing on what David Simon is doing as an artist?” The suggestion I’m making here — and I’m going off on a total tangent and we will get back to your book — is that, well, do you think that cultural journalism might be suffering from the same problems that reality TV, this sensationalistic journalism, is?

McAfee: Oh yes. I do. I find that a lot of interviews — and I know we’re having an interview.

Correspondent: Yeah, I know. It’s very meta here. (laughs)

McAfee: They concentrate on rehashing old stuff. Rehashing cuttings basically. Inquiring, as Tamara does, about affairs, about the personal life and not about the work. And when I was on the Guardian, we started a profile which was an essential interview about a writer or an artist. And the one rule was it was about the work. We don’t care about the personal life. If anyone cares about the personal life, they can read it. They can look it up. They can read it elsewhere. But what’s really interesting is the work. And I find that so much more enriching.

Correspondent: There is one question I have about your husband [Ian McEwan] and you, and it has nothing to do really with the personal. Although it may have something to do with the personal. But we’re talking about purely artistic terms. Okay. One, you’ve got an in-house editor. I’m really curious about how you two work as in-house editors. And, two, I noticed that this book had quite a bit in common with Amsterdam. You have a photo that is released. You have editors who are sacked. And so I wondered first of all if Amsterdam was hovering over you as you were writing this and, second, how do you guys edit each other’s work? That’s all I care about.

McAfee: Well…

Correspondent: Or do you? Or do you leave each other alone?

McAfee: Yes. We do read. I read his work. I’m his first reader with a pencil. And he returned the compliment. In terms of Amsterdam, which I love — it’s a great newspaper novel actually, though it’s guys again. I hadn’t reread it for a while. But I guess any newspaper novel about modern journalism is going to have this scandal element to it. And, in fact, what you ask me is a fairer question, less compromising. When I was on the FT, I was editing the arts and books page. I was invited to the BBC. And it was around the time of the Booker Prize, when the Booker Prize was just going to be announced. The shortlist was going to be announced. And I was asked to come on as a literary editor of the Financial Times. So I turned up. And I’m very nervous on television. And I’m in absolute agony. And I turn up in this bright lit studio. And the guy turns to me and says, “So did you help hubby write the book?” Oh, what do you say? I said, “He’s perfectly capable of writing it himself. Thanks very much. But, nope, he wrote Amsterdam by himself. Unassisted.” As I wrote The Spoiler.

Correspondent: I would have said, “Did your wife help you with that question?”

McAfee: You know, that’s good.

Correspondent: So you guys edit each other’s work. Is there a point where you say, “Hey, hands off, Ian, I’ve got this”? I mean, does he become too vigorous with the pen? Or do you become in turn too vigorous with the pen? How do you keep each other’s hands off? What’s the deal with you guys?

McAfee: Well, it’s very companionable and decent. We both make suggestions and we both know that we’re at liberty to ignore them. Which is what happens. But when I read his first — the first book when we were together was Enduring Love. And I read that. And he asked me. “Be as free as you like and put pencil marks wherever there’s any kind of doubt.” And I was very tentative about it. I mean, I was used to editing for a living. But I was very tentative about hurting things. And I’ve written children’s books.

Correspondent: Yes, I know.

McAfee: I had a children’s book that was just coming out. And so he said, “Oh, I’d like to see that.” And he went through it. And there were pencil marks and suggestions.

Correspondent: (laughs)

McAfee: I thought, “Right. That’s how it’s done. No holds barred.” I went back to Enduring Love and pulled no punches.

Correspondent: (laughs) Wow. Did you pull no punches on the opening scene? I’m curious. No one can…

McAfee: There was no work required. Absolutely. It’s superb.

(Photo: Richard Saker)

The Bat Segundo Show #453: Annalena McAfee (Download MP3)

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Jason Allardyce: How a Sunday Times Journalist Ripped Off Ian Rankin, Bat Segundo, the Observer, and an Australian Producer

On April 24, 2011, the Scottish edition of The Sunday Times published “Rankin admits Twitter addiction” on page 21. It was written by Jason Allardyce, a 40-year-old who was named “Scottish Journalist of the Year” in 2003. His MySpace page states that he likes to go by the name “wolfspider” and that he is based out of Callander. But “wolfspider” is a lonely man. He only has two friends on MySpace: the ever-popular Tom and MySpace UK.

On Easter morning, I knew nothing about Allardyce. A friend had forwarded me this Deadline News report by Peter Laing, in which I recognized quotes identical to my conversation with Ian Rankin on The Bat Segundo Show. The conversation was not accredited. As someone who had investigated the Cooks Source scandal and who remembered the online tarring and feathering, I was appalled that anybody would still consider that ripping off other people’s journalism — even from behind a paywall — would still be okay. But this time, I was on the receiving end for a project that I make little to no money on. For the Rankin show, I had devoted perhaps 25 to 30 hours of my life to reading Rankin’s books, conducting research, interviewing the man for an hour, and mastering the audio. My labor was being exploited. I immediately contacted Laing by email. And on an Easter Sunday, a little less than an hour after I contacted him, he replied back on Twitter:

The Sunday Times? Murdoch’s newspaper? I told people on Twitter about what had happened and asked if anybody could send along the article. And a very friendly pescatarian vegetarian in Scotland going by the name of @SeymourSunshine located the article and photographed it for me.

I transcribed the article. I was stunned to learn that 215 of the 758 words in Jason Allardyce’s article were taken directly and without attribution from my Bat Segundo interview with Ian Rankin. I emailed Alladyce and his editors. And then I discovered that I wasn’t the only one getting played by the wolfspider. An additional 126 words in Allardyce’s article were lifted wholesale and without attribution from two whole paragraphs that Rankin contributed to this Gaby Hinsliff compilation in The Observer from February 13, 2011. To add insult to injury, Allardyce plagiarized a third source, pilfering a good 74 words from this Lisa Zilberpriver piece from World News Australia (January 18, 2010). For all three original pieces that Allardyce has used, a copyright notice was clearly listed on each of the pages.

In other words, Allardyce did not obtain a single original word from his subject for his article.

Ian Rankin was kind enough to confirm with me that nobody from The Times had contacted him. So if we add up the tally, 415 of Allardyce’s 758 words, or 54% of his article, were taken from three separate sources. That’s considerably more words than a famous fair use case here in the States, where The Nation published 300 to 400 words of verbatim quotes from a 500 page Gerald Ford memoir without obtaining permission, was sued, and lost. So that it can all be made clear, here is a breakdown of Allardyce’s liberties (with the unattributed quotes indicated in bold and, for Bat Segundo, the specific times in the program where the words are mentioned):

The writer admitted that Twitter was “taking up more of my life than it should.” [Bat Segundo interview, 27:08-27:09]

He added: “I’ve a kind of addictive personality so I’m always very careful to try to avoid things that can become addictive. [Bat Segundo interview, 27:01-27:06] It’s like a diary. I used to keep a page-a-day diary when I was a kid from the age of 12 till I was 29 and I had to fill up every single page. I couldn’t leave any blank space.” [Bat Segundo interview, 27:49-28:00]

He conquered the diary addiction after moving to America with his wife for six months. [This part is paraphrased from Bat Segundo interview, 28:00-28:30]

But I use Twitter like it, as a kind of memento mori of everything I have done. [Bat Segundo interview, 28:33-28:37] When I started writing a new book, I made a vow to myself that I wouldn’t go near Twitter until the end of the working day and I kept that up for about three weeks. Then, if I stopped for a cup of coffee, I would check Twitter; stop for lunch, check Twitter. I have to be careful about how many people I follow because, having an addictive personality, I feel the need to read every single tweet on the timeline so if I’m following 300 people that’s potentially 300 people’s tweets I’m reading in any one day…. [Bat Segundo interview, 30:24-30:49]

I’ve got to go back and read them all. When I wake up in the morning, I’ll go back to the night before and scroll through the night to find out what people were up to.” [Bat Segundo interview, 30:51-31:00]

Rankin said he went through a stage of having a similar addiction to viewing bids on eBay, and that he cannot play computer games because he believes he would be unable to stop, having gone without sleep as a student in order to play them. “It’s insane,” he said. [Bat Segundo interview, plagiarized paraphrase, “I went through a stage of buying vinyl on eBay, buying records…,” 31:02-31:09; “…if I finished browsing eBay…,” 31:10-31:12; direct “It’s insane,” 31:21-31:22]

He recently wrote: “I work from home and work on my own. Twitter connects me to the outside world, and makes it feel as though I’m in a huge, airy office full of funny, well-informed people.

“It gives me instant news, clever jokes, views, and reactions. Fans of my books can contact me, and I can let them know what I’m up to.

“Twitter is also my diary. I can scroll back through my tweets and recall what I was up to on any particular day. I keep in touch with friends make new ones, renew old acquaintances, and sometimes am even gifted ideas for stories. All from my office chair, in 140 characters – which also makes it a fantastic daily exercise in editing and concision.” (The last three paragraphs taken entirely from this Guardian article.)

Internet addiction is well recognised, and has even led to the residential treatment programmes in America to help people wean themselves from obsessive use of Twitter, eBay, Facebook, texting and video games. Research published last year suggested that the speed and unpredictability offered by social media stimulates dopamine, which can create an addiction to seeking, rather than finding, contact through them. It added that as more people join in, the scope for overuse grows. (Taken from World News Australia article.)

While it is true that Section 30 of the UK Copyright, Designs, and Patents Act of 1988 specifies a fair dealing exception “for the purpose of criticism or review,” the attribution must contain “a sufficient acknowledgment.” Furthermore, according to English law, there’s very little I can do to stop Allardyce or any other person “reporting current events” from infringing upon copyright provided that “it is accompanied by a sufficient acknowledgment.”

What is a sufficient acknowledgement? Well, unlike much of the American tax codes, you can always count on English law to be concise and thorough. Here’s Section 178 of the CDPA:

“sufficient acknowledgment” mean an acknowledgment identifying the work in question by its title or other description, and identifying the author unless—

(a) in the case of a published work, it is published anonymously;

(b) in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

It may very well be a common practice for some UK journalists not to provide attribution. But when they don’t, they are clearly breaking the law. And they are exposing the newspapers and outlets that they write for to considerable legal liability. But more important than such legal propriety, it’s just plain rude and antithetical to the spirit of human togetherness.

But Allardyce’s failure to credit any of his original sources extends far beyond the prospect of fair dealing and fair use. His disingenuous usage could be interpreted as an intent to deceive.

Let’s approach the question form a practical position. Why is attribution important? Well, take this UPI report from September 5, 2010. The UPI quotes Cardinal Keith O’Brien: “Our detailed research into BBC news coverage of Christianity in general and Catholicism in particular, together with a systematic analysis of output from the Catholic church, has revealed a consistent anti-Christian institutional bias.” That’s an extraordinary statement. If you’re at all interested in the many opinions, you’ll want to know where it comes from. And the UPI, because it is a responsible service, notes in its article that The Sunday Telegraph first reported the Cardinal O’Brien quote.

Jason Allardyce, on the other hand, doesn’t make such a distinction when he produces the same quote in his article, and he doesn’t attribute The Telegraph. This causes the Richard Dawkins Foundation (where I found Allardyce’s article, now conveniently hiding behind a paywall) to believe that Allardyce is conducting original reporting. This also causes confusion for the BBC, which erroneously reports that Cardinal O’Brien said these words “in an interview with the Sunday Times.” So Allardyce and The Sunday Times gets credit for a quote that they cut and pasted from another newspaper.

Now let’s say that, several years from now, a historian is looking into biases against religion (or the mythical claims of biases) during the early 21st century. The historian will want to go straight to the original source so that she can ensure that the quote and the context is accurate. But if she has to wade through Allardyce’s misleading attribution, this is going to cause needless work for the historian. Allardyce’s misleading attribution also creates the false impression that the Sunday Times was the central place for that news story.

And because Allardyce has published his “article” in a prominent newspaper, with anyone who reads the article believing that the interview comes from him, there’s very little that I can do to get proper credit or compensation.

I have emailed Allardyce the following terms for resolution:

(a) a public apology, both prominently in print and online, for taking my quotes without asking or attributing;

(b) the issuance of a correction, both prominently in print and online, indicating that the Sunday Times and Jason Allardyce lifted quotes from my radio program, along with a URL directed to my site,

(c) a donation of £500 (as compensation for using my quotes and others without permission or attribution) to Reporters Without Borders.

It’s impossible for me to be entirely objective in this report. I am doing the best that I can to keep a level head. Still, in an age where Arianna Huffington insists that it’s “wrong and offensive to insist that HuffPost is exploiting journalists,” the time has come to stand up against anyone who believes that they can get away from stealing anybody’s labor. If ostensible professionals feel that they are above the law and above the decency of community, then what’s the purpose of their collective existence?

[4/26/11 UPDATE: As of Tuesday afternoon (UK time), Jason Allardyce has not returned my telephone calls and emails.]