Is Amazon a bully, beating publishers into submission? Dear writers: some publishers were aiming for totalitarian rule of the book business

Not many writers visit the book fair. ‘It’d be like bringing a cow for a stroll around a meat market,’ said one editor.

report on the London Book Fair by Patrick Barkham, 18 April 2012

[ the date is what matters most, here: ]… Publishing is moving towards a crisis. One should expect to see a number of respected publishing houses quietly exit the scene.  […]  Authors’ incomes are low for an embarrassingly simple reason: publishers do not sell enough copies of their books. […] For every copy of a hardcover book sold at its normal retail price, one book is sold as a remainder – a book that goes from the publisher to the remainder dealer for less than the cost of producing it and with zero income to the author. No other industry can make this claim.

— Leonard Shatzkin, In Cold Type: Overcoming the Book Crisis, 1982

Someone once said that his favourite times in history were when things were collapsing, because that meant that something new was being born.

— Julian Barnes, The Sense of an Ending, 2011

Writers are deeply confused by e-publishing and its implications. They are mistaking friends for enemies, and embracing their most shameless exploiters – for centuries – like Little Red Riding Hood hugging the beast tricked out as her granny.

I read with eyes popping in disbelief a veteran publisher, Dan Cafaro, advising young writers to ‘mentally prepare to endure as a starving artist.’ He said that last October. Then, referring to the digital revolution, he suggested that they ‘carve out a patchwork career in the creative arts by complying with the behaviours of this new paradigm of publishing’.

How could he have come by the wisdom in his second pronouncement without understanding that the ‘paradigm’ taking shape represents the best chance that has come along – ever – to change the meek acceptance of hunger and suffering as inevitably the lot of scribes? … Yes, thank you, I have read my history. I know that this has been thoroughly conventional wisdom for a long time. But why not consider that for aeons, everywhere, the wisest heads once saw the fates of kulaks, their poorer fellow-peasants, and Hindu caste untouchables, as equally immutable – until these social doormats seized their chance for rebellion?

I would like writers who care about being able to make a reasonable living some day to get just two things right: (i) Amazon is their true friend, as this blog has explained before, and not members of the old print club, like the five publishers fined by the U.S. justice department on the 11th — with Apple — for collusive price-fixing.  (ii) Far from gobbling up book publishing on every continent and turning everyone else in the business into a forelock-tugging serf, the giant retailer could just let us rewrite the sad story of writers and their wages into a far happier narrative.

Scott Turow, the president of the American Authors’ Guild, is simply wrong to say that the antitrust suit risks ‘killing real competition in order to save the appearance of competition.’

Consider these arguments by one of the few voices of sanity in the hullabaloo over Amazon’s well-deserved victory over the price-fixers. What Eduardo Porter said in his ‘Economic Scene’ column in the New York Times last week is not merely true. It correctly puts the welfare of writers — the workers without whom there would be neither books nor e-texts — at the centre of the picture.

To believe publishers and authors, the government just handed Amazon a monopoly over the book market: The price-fixing suit against Apple and the nation’s top publishers […] will free Amazon to offer ruinous discounts in the booming new market of electronic books, drive brick-and-mortar bookstores out of existence and kill off publishers’ lucrative business of ink on paper.

[…]

Yet there is a different reading to this story. Publishing companies — like bookstores — fear they are on the losing end of a technological whirlwind of digital distribution that will make much of what they do obsolete. They would like to stop it. But though publishers may be happy to subvert competition to protect their business, this can entail a heavy cost for the rest of society.

Why have none of the hysterical media commentators Porter contradicted in his analysis – for instance, David Carr, writing for the same newspaper – met a journalist’s obligation to state the whole truth, which is that Amazon’s share of e-book sales has fallen dramatically over the last two years? As Porter says,

While Amazon remains dominant, its share of the e-book market has fallen to about 60 percent from 90 percent.

Carr dug out a law professor in New York to say, for his column: ‘It is not clear that lower prices are necessarily in the long-term interests of the public at large.’ He found a New York lawyer for a gloomy summing-up: ‘The book business is both hermetic and dwindling. There is not a drop of new capital coming into this business … The margins are low and there is almost no growth …’.

The only trouble with orchestrating this condemnation of Amazon is that the same mournful dirge was being played for book publishers thirty years ago. Then, there were no e-books or gigantic e-booksellers. E-publishing existed exclusively in the misty visions of futurists.

In In Cold Type: Overcoming the Book Crisis, Leonard Shatzkin, a respected senior executive in the New York book business, wrote three decades ago:

There is no longer very much doubt that trade book publishing is suffering from more than its share of our present economic malaise … The immediate future for … book publishing in general is bleak …’. [his ital.]

A number-cruncher at heart, Shatzkin diagnosed poor sales forecasting and inefficient stocking and inventory management as the chief cause of book business woes. He dreamt up complex mathematical formulae for calculating the ideal size of a publisher’s sales force, and techniques of regression analysis for projecting book sales.

Though it is clear throughout his book that he was a civilised man who cared about readers, sound editorial policies, and publishing’s ‘contribution to the health of our democratic culture’, only one of his sixteen chapters was devoted to writers: ‘Don’t Forget the Author’. Who does his book treat as the lead characters in the business? Publishers, book distributors, and booksellers.

Encapsulating his recommendations for curing publishing of its ills, he advocated precisely the reverse of what actually happened after Amazon entered the scene about ten years later – that publishers aim at complete control of the book business by wresting power from book distributors:

It does not seem too far-fetched to suggest that some of the larger publishers will some day make publisher control of inventory a condition for doing business with a book retailer. […] The introduction of rational, publisher-controlled and publisher-responsible distribution implies other desirable consequences. […] Distribution controlled by the publisher will reduce the shameful waste resulting from the present need to guess how many copies will be needed on publication day …

And what was the happiest result he foresaw? It is hair-raisingly ironic for anyone listening to the raving by Amazon’s critics about the steady decline in book prices that it has brought about:

The reduction in production waste and in the waste of handling and processing of returns […] and all the activities concerned with distribution, should lead to a reduction in the retail price of books. Even at half their present levels, book prices will give publishers much greater margins than they now enjoy.

Ahem.

So, was Leonard Shatzkin – who died ten years ago — a lone, batty eccentric, mostly ignored by his cohorts when he wrote his book? Very much to the contrary, In Cold Type’s publisher, Boston-based Houghton-Mifflin – one of the most blue-blooded imprints in the U.S. – inserted an extraordinary note into the copyright page, which read in part:

It is not often that Houghton Mifflin adds a statement to a book it has published …[W]hen a publisher presents a book containing strong opinions about … American trade publishing, it may be thought that such a book represents, in some measure the philosophy of the publisher as well as that of the author.

Instead of publishers devouring the book chain, as Shatzkin and Houghton hoped, the panic in 2012 is about the chain – or rather, one member of it – making a meal of all publishing.

From the perspective of writers who care most about their craft and the particular manuscript they happen to be working on today, the fight is about as interesting as competition between football teams for someone whose game is boules. Yes,  certainly, who wins – and how – will have crucial consequences for their ability to make ends meet. But to survive financially, writers are better off ignoring the memory-loss endemic among Amazon’s critics and thinking flexibly, like Eduardo Porter, about a universe of possibilities lying before us:

For sure, if brick-and-mortar bookstores disappear, browsing will die with them. But writers and publishers will have plenty of other ways — think Amazon, Facebook or Google — of letting readers know about their books. E-books, moreover, can be profitable. […]  And even if every existing publisher were driven out of business, reading would probably survive. Without the middlemen, publishers might even pay higher royalties to creators.

Let us toast that prospect — make mine a two-shot latte, please.

The Kickstarter-kicking has begun: don’t let crowd-funding of pigs-in-pokes ruin the promise of micropayments

Looking for an image of a pig in a poke led to this preliminary sketch by Victor Juhasz, on his site showing visitors how he makes decisions about directing his delectable line. http://www.drawger.com

This post-Gutenberg blog typically takes the giraffe-necked – that is, very long – view. It hardly expects instant gratification for recommendations about the future of publishing, or suggestions for its evolution. That made it both unsurprising and shocking to find the gist of these cautions about micropayments and crowd-funding prove justified in less than a month:

  • Could crowd-funding art with cash advances amassed from micropayments be less helpful than getting artists decent compensation from micropayments collected for finished work?
  • … [Artists] transferring the balance of cash-gathering sweat to work that has yet to be done is surely a bad idea …
  • There is some danger that disappointment with microfunding could lead to disenchantment with micropayments of every kind. That could delay the shift from conventional ways of selling art (through publishers, galleries and so on) to the liberating alternatives that new technological inventions have begun to bring us.

Only six months ago, Gizmodo, one of the most influential technology-watching sites on the web – it counted Steve Jobs among its avid readers – was raving about the prospects of online fundraising for new projects of every sort, from new-fangled gizmos like iPad stands to artistic schemes, inventions, and gigs. Its enthusiasm was concentrated on Kickstarter, the most prominent go-between for creators and the random collections of small-scale investors contributing to ‘crowd-funding’ creative toil:

10 November 2011

Kickstarter is full of awful, ill conceived, downright dumb ideas. So is the internet. So is the universe. But it’s also festooned with crazy-good thinking, ingenuity, and imagination. It’s fun and unfettered.

[…]

Kickstarter is the only viable place any average Jonny Internet can take a decent idea and stand a chance of making it real. No venture capital vampires, no hype …

The recommendations of old print media usually follow in Gizmodo’s wake, but in January, The Economist appeared to boast about leading the applause:

This newspaper has written about Kickstarter several times in the past two years, including an overview of how crowdfunding works after the firm had raised about $15m in its first year. At the time, it was unclear whether such crowdfunding (also called micropatronage) was a passing fad or a rising alternative to conventional starter financing for creative media.

Kickstarter’s performance in 2011 bolsters the latter case.

Though that ancient cosmopolite’s bible did mention the odd disappointment for both fund-seekers and micro-patrons, it has yet to regret its championship of crowd-funding. But for Gizmodo – far more closely in touch with thinking among the twentysomethings who dominate online innovation – it was time for sackcloth and ashes a fortnight ago. In a piece headed, ‘We’re done with Kickstarter,’ Gizmodo explained:

29 March 2012

We look at hundreds of products every week. Sometimes thousands. At first all of us were pretty stoked about Kickstarter, because it seemed like a genuine font of unfettered innovation—the hive mind coming up with products that we truly needed but had never even thought of before. And maybe it was. But it’s not anymore. It’s a sea of bad videos, bad renderings, and poorly made prototypes. Some might be good. Many are poorly made. And some are downright fraudulent, taking peoples’ money without delivering the promised rewards. This has happened to me.

[…]

Hopefully Kickstarter will evolve into something a little more trustworthy that we can feel comfortable sharing with you. Because in this game, a source you can’t trust is a source you can’t use.

In comments on its lamentation, readers railed at Gizmodo in posts like this one from @anamnet:

Giz introduced me to Kickstarter and now they are the first who’re sick of it. Makes them sound like a teenage girl who’s getting over a fad.

Actually, Gizmodo deserves to be congratulated for its forthright mea culpa. Next, it would be wonderful to find on that site a piece weighing all the reasons given here for preferring post-production micropayments – especially for artists and writers, starting with this one:

Seeking and accepting money in advance can constrain creativity. Anticipating prospective backers’ anxiety about squandering even small sums on inconsequential, pig-in-a-poke projects, artists are puffing up their planned works and divulging details of visions that have yet to meet the challenge of execution. How much room for creative manoeuvring and play – or simply changing their minds – will they have when, to reward their micro-investors’ trust, they feel that they must treat proposals as promises?

… Gizmodo’s helpful admission about reading the tea leaves incorrectly on crowd-funding is not just admirable in itself but made a salutary contrast, in my week’s reading, with an older publication’s delusion that it  comprehends what readers want in post-Gutenberg publishing. An extract from a mesmerising report in the latest Private Eye:

‘Last weekend we did something extraordinary.’ That was the verdict of Guardian editor Alan Rusbridger on his ‘Open Weekend’ … at which readers descended on the paper’s offices to gawp at [Guardian journalists].

Never mind that the newspaper is losing money galore. The bring-your-readers-to-work idea represented the way forward for ‘Open Journalism’ – apparently something to do with internet clouds, killer apps, crowd-sourcing and trouser-presses.

Many hacks in the building looked on the jamboree with jaundiced eyes […] but were assured that this is the way forward for Journalism 4.0 as the Guardian set off on its exciting transformation from newspaper to online events organiser.

Alas! The ‘new paradigm’ seems no more profitable than the old one. After totting up the figures, Grauniad beancounters have discovered that the self-styled ‘festival of readers and reasonableness’ – attended by 5,000 people paying between  £60 and £70 – made a net loss of £150,000.

Dear Grauniad, your ‘Open Weekend’ is surely the daftest idea anyone has heard for reshaping publishing. No, your sensible readers do not wish to crowd-fund your survival. Nor do they want to pay to peer at your writers, or throw peanuts through the bars of their cages. How about showing some glimmer of grasping what this post-Gutenberg revolution is really all about? See:

Wanted: a brave newspaper for an experiment in which readers become stakeholders … & … Why a keiretsu-cooperative is a gentle transition for old media — and how about saying, ‘an exaltation of bloggers’?

Now, net-shunning Private Eye outranks even The Economist as Britain’s most popular current affairs magazine

Ian Hislop, who has been Private Eye's editor since 1986

Private Eye cover, 12 April 2008

All hail Private Eye, whose circulation grew by more than ten per cent last year, when so many famous names linked to old media were — are — howling about print meeting its doom.

All hail Private Eye, not least because, as far as I can tell, no one in mainstream media has, on this occasion. There have been no laurel wreaths from its rivals, no adulatory editorials or delving into the reasons for its astonishing success since the Audit Bureau of Circulations released the latest figures in mid-February – although the media section of one broadsheet did carry brief news items on the subject.

All hail Private Eye because, in spite of its (affectionate) marginalisation as a ‘satirical magazine,’ it looks as if it could be becoming Britons’ most reliable source of printed information about what is happening in the UK — or close to that. The trade publication Media Week anointed it ‘the leading news and current affairs magazine by issue in the country, nearly 18,000 copies ahead of The Economist,’ with the minor qualifier that ‘its rival title is published weekly.’ (That qualifier is probably meaningless, since I reckon that most subscribers would be delighted to buy it once a week.)

There is no reason to disagree with the Eye’s managing director, Sheila Molnar, who explained two years ago that ‘People always turn to us in times of trouble because they trust us. With the MPs’ expenses row and the banks, people trust Private Eye and what they read in it.’

Though the Eye has no digital edition and is virtually ignoring the internet, its pages are saturated with the fearless, irreverent, outsider ethos of the web and blogging world – most obvious in its ‘Street of Shame’ column. There, as its editor Ian Hislop told Lord Justice Leveson in January at the official Inquiry into press culture and standards, his writers concentrate on the foibles of the 4th Estate — on

… stories about

journalists misbehaving. It tends to be anything from

making up stories, drunkenness, stealing stories from

each other, printing things that are totally and utterly

untrue, promoting each other for reasons that aren’t

terribly ethical, sucking up to their proprietors, being

told what to do by their proprietors, running stories

because their proprietors insist on it, marshalling the

facts towards a conclusion that they’ve already decided

on.

Private Eye’s robustness confirms these suspicions at post-Gutenberg about the secrets of media thriving in the transition to the 5th Estate – in its case, with only token contributions to its operating budget from advertisers, which is why it cannot afford to give away its contents on the net:

It is strictly non-partisan

The political left, right and centre are all flayed with equal relish. As noted here last month, highly-placed apologists for a worrying shift in 4th Estate practices feel that there is nothing wrong with abandoning political neutrality – but a reader poll on the site of The Economist shows that this is, overwhelmingly, the very opposite of what the public wants.

It is – without fear or favour – supplying the uncomfortable, true facts indispensable to government by the people, or what we call democracy

It might just as well be called The Whistleblower Wire. It tackles malfeasance as no other publication does, across a staggering breadth of public life. A small sample: ‘Called to Ordure’ (parliamentary proceedings); ‘Medicine Balls’ (mainly, the National Health Service); ‘Signal Failures’ (the railway network); ‘The Agri Brigade’ (farming and food policies); ‘Rotten Boroughs’ (local government); ‘Music and Musicians’; ‘Keeping the Lights On’ (the law and lawyers); ‘Books and Bookmen’ (cronyism in book publishing).

It relies on its readers for its peerless investigative reporting

… and did so long before the internet came along with its promise of building reader ‘communities’.  As Ian Hislop said in his Leveson evidence, his magazine

operates as a sort of club where people not only buy the

magazine, they write a lot of it, which is the principle

we work on. Broadly, the sources come from people

inside their professions, so the medical column, the

column about energy, the pieces in the back, a lot of

those are given by people directly involved.

None of its content is influenced by advertising

As it does not run on the advertising-centred business model for publishing — unlike virtually every other great name in print journalism — it has no need to court or bow to corporate panjandrums and satraps, and its articles are not distorted by their manipulations.

Its success underlines the undesirability of concentrated media ownership, as it has the extreme editorial independence only possible when a publication is not beholden to any single media mogul or proprietor trading favours, buying influence, or vulnerable to manipulation or blackmail

In some ways, Private Eye can be seen as an early prototype of the ‘keiretsu-cooperative,’ a model for post-Gutenberg publishing  in which sites are co-owned with clubs of reader-contributors. Its Wikipedia entry lists no fewer than seventeen shareholders, and says that the magazine has never disclosed exactly who has contributed what to its capitalization and upkeep.

What is an instance of this magazine’s uniqueness and indispensability? The other day, when all the broadsheets reported that the education secretary, Michael Gove, had condemned the Leveson Inquiry for its ‘chilling effect’ on the media, they failed to explain why he was complaining so bitterly about an investigation initiated by his own leader, David Cameron, and in the same tirade, lauding Rupert’s Murdoch’s launch of the Sun on Sunday. They also offered not a single example of what noble journalism the Inquiry has supposedly been inhibiting — just as he failed to do.

Mystification over all that was beginning to make me feel mildly unhinged when the latest Eye arrived. There I discovered that the education secretary is married to  — well, well, well, a journalist on the Times. And who owns the Times? Let us say, a certain Australian-born media mogul.

And, returning briefly to the subject of ownership … As diligent use of both inductive and deductive logic has yet to yield incontrovertible proof of his existence, I must reluctantly dismiss as speculation all hints to the effect that Private Eye does in fact have a proprietor — a reclusive individual writing occasionally under the rubric, ‘A Message From Lord Gnome’. The same goes for any suggestion that he is simply too shy or coy to (a) scotch rumours that his life’s ambition is to be more elusive than the putative Higgs boson particle, and (b), admit that he has no help from ghostwriters in recording his sublime meditations, as on the subject of the recent fate of bankers:

[W]here, we must ask, will this witchhunt end? Which other leading figures in the economic life of our country will be next to be hunted down, to be publicly humiliated, as their names are execrated across the land?

Should ordinary citizens be denied a say in the media’s future — as in, ‘For legal reasons, this article will not be open to comments’?

Are cover-ups and the suppression of debate growing more frequent in the world's proudest democracies? Photograph by Amita Chatterjee

This is no ordinary elephant in the living room, the one the media are pretending not to see. She is pirouetting on stiletto heels in the shortest skirt ever sewn, displaying elephantine slabs of thigh. Still they behave as if she is invisible.

Recent events in England – which gave the rest of the world the model of a free press – are sending shivers up the spine of anyone who cares about democracy, from Calcutta to San Francisco and beyond. This is because of the eerie, silent void where you might expect round-the-clock media coverage of the media’s strategies for preserving their freedom and independence — on their terms.

Any attention paid to this struggle by the British press has focused on the tabloid phone hacking scandal, and just that part of a far wider judicial investigation of professional standards and practices, the Leveson Inquiry ordered by the prime minister.

Shameful and appalling as the hacking sagas are, they matter far less than the pachyderm in the parlour – on a par with the news earlier this month of Google being forced by the government of India, the world’s largest democracy, to cooperate with censoring web pages after ‘weeks of intense government pressure for 22 Internet giants to remove photographs, videos or text considered “anti-religious” or “anti-social”’.

That question no one in the media apparently wants to face is, will the public grant professional journalists a continuation of special privileges in the digital age if they no longer adhere to the traditions of fairness, neutrality and dedication to the truth that won them those privileges in the 18th century? Earlier this month, this blog mentioned the media’s refusal to acknowledge – or indeed discuss at all – the public’s dismay about an increasingly partisan press.

There are other alarming silences. Why, for instance, is no one in the British media mentioning the prohibition by a leading newspaper of free discussion – by ordinary citizens – of the future of the press, on three separate occasions last week?

In each case, a member of the Establishment – one high-ranking politician and two journalists – addressed the jubilation in the British press about Rupert Murdoch redux; many journalists only care about their belief that he is saving jobs in journalism. The media mogul who should have been fatally wounded by the hacking scandal is throwing his octogenarian energy into engineering a comeback with a new paper, the Sun on Sunday. None of these writers spared Murdoch the lash. Two of them delivered blistering warnings about the dangers of condoning this latest power-grab and about the perils, for British democracy, of concentrating media ownership in a few hands — especially, his.

Nothing in their excoriations suggested that they feared any legal retribution from Murdoch or his empire, News International. And yet each of these articles appeared on the portion of a newspaper site titled Comment is Free, advertised as a debating forum open to all, with an announcement that, For legal reasons, this article will not be open to comments’.

In that case, why were the Murdoch bashings put on this part of the newspaper’s site at all?

Could the real message behind blocking readers’ reactions be that the newspaper’s editors believe that only they and their colleagues have a right to discuss the redesign of the ‘media landscape’ – even though most British citizens still rely on the press to give them the facts a democracy needs to make decisions that affect its collective wellbeing?

This blog has recorded the same newspaper’s censorship of readers’ posts about media reform in its Comment is Free section (see the entries on 7 November and 15 November). The paper gives no sign of having absorbed the salutary reminder by the Lord Chief Justice, Lord Judge, last year that

[i]t is the birthright of the citizen that the press should be independent. It is therefore not a right of one section of the community, not just a sectional right. It is the right of the community as a whole. It is, if you like, our right, the right of every citizen.

Here are opinions that the Guardian refused to allow its readers to discuss on its site – without any explanation that made sense (Kafka-esque, for real?):

Item 1: extracts from an article titled, ‘We must fashion a new media landscape,’ by Norman Fowler, a former chairman of the House of Lords communications committee.

… Murdoch remains the traditional proprietor. From his New York headquarters he will continue to have his say in the politics of the United Kingdom – and make no mistake, there will be politicians who will play along with this. […] So we are back to where some of us began. Last summer we were within days of the culture secretary waving through the Murdoch bid to take full control of BSkyB and claiming that phone hacking was an entirely separate and irrelevant issue. That fate has been avoided, but the challenge remains to devise a system where nobody – Murdoch or anybody else – has a disproportionate share of the British media. […W]hat is a disproportionate share of the media market? Four newspapers controlling almost 40% of national press circulation and total control of a major television company would have put Murdoch the wrong side of the line. […] Any new rules on share of voice cannot be directed exclusively at News International. The BBC must come within the net as too must the other media giants like Google.

[…]

• For legal reasons, this article will not be open to comments

Item 2: extracts from an article titled. ‘If the Sun on Sunday soars Rupert Murdoch will also rise again,’ by Polly Toynbee.

[P]ractitioners are hired to do their masters’ bidding, even when that can mean spreading disinformation and disregarding evidence. The seventh Sun will offer jobs to those willing to put their pens to abusing migrants, travellers, trade unionists, single mothers, women, the unemployed, public sector staff, young people, Europe, foreigners or anyone to the left of John Redwood. Even the disabled are now being harassed as scroungers to win public support for benefit cuts reducing the already poor to penury.

[…]

Clouds of opposition are gathering around the Leveson press inquiry. Its remit grows, destination unknown. The Campaign for Press and Broadcasting Freedom, along with many others, are right to demand that it leads to new laws to reset limits on media ownership by any one organisation, which Margaret Thatcher abolished for Murdoch’s sake. If the Sun on Sunday soars, [Murdoch] will be back owning some 40% of press readership, plus Sky (to whom the BBC is wrongly obliged to pay £10m a year).

The Sun and its owner’s influence on British politics have been underestimated in the history of the last decades … […]

For legal reasons, this article will not be open to comments @commentisfree

Item 3: extracts from an opinion piece titled, ‘Rupert Murdoch’s Sun on Sunday sets on his empire,’ by Michael Wolff.

Curiously, he used […] the arrests of senior Sun staffers on suspicion of bribing the British police – as the crisis that justified the new Sun. The immediate launch of the paper, just days after he arrived in London, would be a way to stabilize an impending civil war in Wapping, he insisted – even as his own investigators continued to turn over evidence to the police. It would be a way, too, to shift attention from the negative to the positive, from retreat to advance.

[…]

Of course, all the investigations continue, the law suits mount, the US Justice Department is at attention, and, next week, public television in the US is promising an explosive new documentary on the Murdoch scandals, which will, in a sense for the first time, bring the story in all its details to the US.

[…]

• For legal reasons, this article will not be open to comments

There is no doubt that the Guardian is furious with Lord Justice Leveson, who asked at the official commencement of his Inquiry, ‘Who guards the guardians?’ Last week, the news that British judges would be rating British lawyers for their performance in court gave the newspaper a chance to play tit-for-tat in an editorial that remarked, ‘Advocates might reasonably ask who is judging the judges’.

No one watching the Leveson hearings could fail to be struck by this judge’s open-mindedness, or by the deference and respect he shows witnesses. He comes across as genuine when he asks for their opinions of what should be done about the media’s failed self-regulation – and is frank about not knowing how to resolve the dilemma that follows from the all-but-universal dislike of proposals for statutory control.

He seems keenly aware of the media’s annoyance with interference with what they see as their business – and sympathetic. But from the odd remark he has let drop about the importance of allowing free discussion – for instance, that statements made on social networks such as Twitter must be counted as mere chat, and not held to the same standards as professional reporting – it seems unlikely that he would disagree with Albert Einstein about the undesirability of letting a wealthy or powerful few control the dissemination of facts and opinions for the many.

It feels not a little odd to be quoting the great physicist’s essay, ‘Why Socialism?’ for the second time this month. But there is a rather stunning parallel between present events and his noting, in 1949, that ‘Clarity about the aims and problems of socialism is of greatest significance in our age of transition. Since, under present circumstances, free and unhindered discussion of these problems has come under a powerful taboo …’.

This was the most vital point he wanted to impress on his readers:

[U]nder existing conditions, private capitalists inevitably control, directly or indirectly, the main sources of information (press, radio, education). It is thus extremely difficult, and indeed in most cases quite impossible, for the individual citizen to come to objective conclusions and to make intelligent use of his political rights.

Now, as I was saying, about that elephant