You’ll know I’m not a fan of much of the cack that surrounds citizen journalism. While, undoubtedly, the dread phrase can act as an umbrella for a collection of ideas that are going to change our business for a good, much of the debate habitually goes too far.
One moment, you’re discussing Dan Gillmor’s entirely rational suggestion that readers know more than you, so are worth engaging with. The next, you’re off on the weird techno-libertarian spur that says the readers are going to usurp the pros, get trained and then start getting paid, which - when you think about it - would leave us in a bloody strange position.
Into this difficult territory stumbles Britain’s National Union of Journalists (NUJ), the union to which I belong, and annually pay the equivalent of a Michelin starred meal for two. This week the union has produced a “code of conduct” for the “phenomenon of citizen journalism” after a round-table debate chaired by the Union’s General Secretary, Jeremy Dear, at the Guardian a few days ago.
What a bloody awful mess it the “code” is. While the round-table appeared to produce an interesting enough, if pretty unoriginal, discussion, the document itself appears to be a product of fear, rather than a vision of how things should be. Oh - and it really is a document, available only as a Word file from this page.
I take a closer look at some of the worst clauses after the jump…
“Witness contributors”
The horror starts with the awful name; presumably because “citizen journalism” implies anyone can be a journalist - a message that might not sit easily with some of the NUJ’s members - they’ve renamed citizen journalists as “witness contributors”. This does the seemingly impossible, and finds a worse name for the idea. Well done, chaps.
Delve beyond the title, and things get no better. The term “witness contributor” isn’t defined, but the second paragraph of the preamble…
“the integrity and reliability of material and the safety of bona fide newsgatherers may be challenged and compromised by the use of ‘witness contributions’.”
suggests they may mean witness contributors to be people who see news events happen in front of them, as happened on July 7 2005 in London. As Amy Gahran notes on her blog, what about everything else? Collaborative sites? Original, fully reported, acts of journalism that are blogged rather than published traditionally? Analysis? Reader comments on MSM blogs?
Wisdom of crowds, anyone?
The failure to define the term “witness contributor” means the code runs into trouble straight away, when it calls for “witness contributions” to abide by section one of the Press Complaints Commission’s code of practice - an altogether more serious document for newspaper journalists that, in the relevant clause, says “the Press must take care not to publish inaccurate, misleading or distorted information, including pictures” and which, later, adds: “the Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact.”
The trouble with taking this old rule and applying it to the new world is that it’s drawn up for journalists publishing newspapers; a situation where a limited number of people act as gatekeepers to the information, where the addition of bias or inaccuracy can be sensibly monitored.
That ability is lost in a world where news organisations act as facilitators more than gatekeepers. The NUJ clearly doesn’t understand this, as clause two of their new code says news organisations should “provide sufficient resources for the adequate checking of witness contributions to establish their accuracy and authenticity”. Depending on the actual definition - and, again, we don’t actually know what this is - this may already be impossible.
A more sensible solution would be for news organisations simply to flag up what is user contributed, and what is staff produced, and allow the reader to make an informed judgment on the validity of the information. The NUJ apparently doesn’t understand why this would either be a useful thing, or how readers themselves could then do much of the checking through the various emerging tools of community; tagging, rating and the rest.
Always favour the pro
The bobbins continues. Clause three is a good, old-fashioned piece of protectionism.
“3. Such organisations recognise that journalists belonging to the
National Union of Journalists have agreed to uphold the union’s Code of Conduct and will strive to use material from such individuals wherever and whenever such alternatives to witness contributions are available;”
It’s the clause that rams the real motivation of this exercise home. The readers - the “witness contributors” - just can’t be trusted, and if there’s 99 readers and one pro in a room we should be “striving” to use the one, whatever the quality of that one’s material, and whatever the quality of the stuff from the other 99.
Making cit-j more expensive than pro
Clause four…
4. Such organisations accept that appropriate and agreed payments will be made to witness contributors for all uses of their material and that the terms of licensing will be easily available and clear;
This clause makes sure that, by attaching disproportionate cost to witness
contributions, they’re not used on any scale. Remember - by following the code this material is already subject to greater, more expensive, checks and balances than professional contributions because of clauses one and two.
In truth, payment for this stuff is unnecessary and even, in the case of most contributions, unwanted. The union would presumably balk at the notion that all eyewitnesses to a story would be paid for their print quotes: why are they insisting on payment when eyewitnesses email in their account, or send a mobile phone picture?
Preventing re-use and syndication
Finally…
5. Such organisations agree to respect fully the copyright(s) of the
witness contributors; material will not be passed to third parties – including the police and security services – without the specific
written agreement of a witness contributor, sub-poena or similar requirement from a court;
all of which ensures that, unlike pro content, user-generated content cannot be syndicated, even if a site’s terms and conditions specify this might happen. The clause does not specify what a third party is - part of the same group? Wholly or partially owned subsidiaries? - but does specify that a “witness contributor” must give written consent.
I know what this clause was supposed to do, but I know also what it does do.
The question
The NUJ’s top bods are experienced negotiators, and are also journalists, so presumably they know the importance of framing phrases carefully and accurately, lest there be misunderstanding or reinterpretation later.
So did they deliberately set out to kill user generated content with this code, or was it just an inability to grasp the issues involved that led them down this path?
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COMMENTS / 16 COMMENTS
Open (finds, minds, conversations)... added these pithy words on Jan 29 06 at 9:44 amWitness Contributors protected by new code. Jubilant bloggers thank NUJ.
When some people think of political life, they think of the thrill of debate, the hustings, the Machiavellian scheming in the corridors of power, the opportunities for wild indulgences and perversions, all available safe in the knowledge that your most
Guardian Unlimited: Gamesblog added these pithy words on Feb 01 06 at 8:22 pmCrossing questions
For those who don’t know, Animal Crossing is, essentially, a game where cute animals teach you the value of money. It’s enjoyable though - wage slavery has never been more fun although there is the very real concern that a generation of younger Nintend…
Craig McGinty added these pithy words on Jan 28 06 at 10:05 pm(Like you member of NUJ)
Nothing is ever led by a committee, they just come by at a later date, so there is little chance of this ‘code’ being of use to citizen journalists.
It is just a statement by the NUJ to mainstream media that we’ve heard of this citizen journalism lark, and if any of our members get bypassed by you we gave you warning.
Instead of looking at ways to promote and enhance the world of personal publishing, and possibly see the NUJ become a champion of this growing field, it smacks of protectionism.
The NUJ could play a crucial role in the world of citizen journalism, a la Dan Gillmor, but appears blind to the changing times.
Neil MacLean added these pithy words on Jan 30 06 at 3:13 pmYou might have spotted this already but if not, it’s a great read:
“Like the long-gone typesetters, today’s newspaper guild members believe that their job is somehow their “property,” and that no amateur can step in to perform their difficult and arduous tasks.”
Neil McIntosh added these pithy words on Jan 30 06 at 6:07 pmThanks Neil… funny you should mention that. Got a post fermenting on that very topic…
Chris Tolles added these pithy words on Jan 30 06 at 9:54 pmNeil:
This is an aspect of “The Innovator’s Dilemma” — the market environment conspires to keep you from providing a poorer (but cheaper) product.
The real issue is that Yahoo, Google (or us here at Topix) will facilitate contributed stories, or first person account or citizen journalism, and the puiblications which become encumbered by something like this will just be missing that content.
Kind of an interesting proof point of Rich Skrenta’s thesis — “News 2.0 is not journalism” — http://blog.topix.net/archives/000090.html — I guess the NUJ is taking that statement at face value
Donnacha DeLong added these pithy words on Feb 01 06 at 12:55 amI note the way that everyone seems to have ignored the fact that the majority of the code is designed to protect the rights of witness contributors. Mr McIntosh completely missed the point that the code is intended for employers to try to prevent exploitation of non-professional contributors and to attempt, in an increasingly difficult environment where share-holders’ profits matter more than journalistic integrity, a further slide in standards where newspapers will use anything that’s free rather than good or correct. The code has nothing to do with “Collaborative sites? Original, fully reported, acts of journalism that are blogged rather than published traditionally? Analysis? Reader comments on MSM blogs?”
Donnacha DeLong added these pithy words on Feb 01 06 at 1:14 amSorry, that should read …to attempt to prevent, in an increasingly difficult environment…
Neil McIntosh added these pithy words on Feb 01 06 at 7:39 amDonnacha - If the code really has nothing to do with the areas I highlighted then it’s not just badly framed, but utterly pointless, because those are the areas where citizen journalism is taking place right now…
Donnacha DeLong added these pithy words on Feb 01 06 at 10:04 amPoint one starts with “Organisations using material…”, that couldn’t really be clearer. A blogger is not an organisation, is s/he? The purpose of the code is to try and counter this kind of right-grabbing: “In consideration of GNL agreeing to consider the entry, each entrant assigns to GNL the complete copyright and all other rights in any entry which shall be for the full period of copyright. GNL shall be free to assign such rights to third parties.” http://observer.guardian.co.uk/samsung
Bobbie added these pithy words on Feb 01 06 at 5:04 pmDonnacha - I think you’re misunderstanding what Neil’s asking here. As far as I can see, he’s not saying “are bloggers going to be held to this code?” but rather more basically, “what on earth is a ‘witness contributor’”?
I know those readers (and viewers) who submit photography and video or are the ones who have got a lot of headlines recently. But there’s a far stronger current of wider contributions that I think is more important to journalists - bloggers; those commenting on blogs; eyewitnesses asked to write a first-hand report; those other written or photographed reader experiences that are actively solicited; in fact, for that matter, those who write good old-fashioned letters. That’s just the tip of the iceberg.
But does this code cover them under its list of “witness contributors”? If it does, its clauses seem rather short-sighted and unworkable in several places. If it doesn’t, then why isn’t it clearer and wider in its remit?
I understand that you want to protect the rights of any contributors (as do I), but I’m left bamboozled as to who actually qualifies under this code. And I understand that the primary interest of the NUJ is to protect the interests of journalists, but I don’t think that something like clause 3 benefits anyone (is “witness contribution” actually threatening jobs? and why should I be forced to use an NUJ member if a member of the public - who I will respect as a contributor - has a better angle?)
Donnacha DeLong added these pithy words on Feb 01 06 at 11:18 pmI’ll start with the last point - if there’s a member of the public with a better angle, then that’s fine. The purpose of clause 3 is for media organisations to agree not to use non-professional sources when there’s a professional available. Our realistic fear is that some newspapers will choose the crappy camera-phone picture over the professional’s shot because they can get away with not paying for the former and don’t have to respect the copyright (like the Guardian bit above).
As for the term, we’ve actually got someone currently compiling the variety of terms currently being used, there’s far more than two. The NUJ has chosen to use one. I will reiterate that this code is intended for media organisations, not for the happy snapper with a phone in the street. We’ll come to that later.
It might surprise people, but we were actually asked to put this together by professionals looking for our recommendations. As Neil is more than likely very aware, as soon as the code was finalised by the union, there was a roundtable discussion with representatives of a number of employers - http://blogs.guardian.co.uk/or......html#more . So Neil’s complaint, that this code isn’t easily understood by the community it might talking about (but he’s not sure), is invalid - it’s not written for the community, it’s written for his bosses to sign up to.
Oh, and just in case people aren’t sure, I’m the New Media representative on the union’s National Executive (these posts, though, are in a personal capacity).
Neil McIntosh added these pithy words on Feb 02 06 at 11:32 amDonnacha - I linked to the roundtable discussion in my first post on the subject, expressing surprise that such a bad code could come out of that roundtable discussion.
That it did not, in fact, come out of that discussion, explains a great deal.
I look forward to seeing how many media organisations sign up to this.
Bobbie added these pithy words on Feb 02 06 at 11:42 amFirst off, I’m aware of your position, Donnacha. However, I’m not a member of the union, even though I am a journalist. But I do have a keen interest in this subject.
I don’t think anyone’s saying that there’s no need for a code, or that nobody asked for it to be put together. And the majority of it seems perfectly suited to guidance on giving a fair deal to those contributors, which is exactly what I would expect.
But there seems a strange disconnect between some parts of what the document outlines and the reality of the situation on the ground. Some of the key questions - submission, rights, professional v amateur etc - remain either unresolved or relatively unworkable.
Here’s my fundamental point, however. I still don’t know what a “witness contributor” is. It’s great that somebody’s compiling all the terms - what fun for them. But when will the NUJ tell me what they actually *mean*?
Ben Metcalfe added these pithy words on Feb 05 06 at 2:40 amNeil,
Do you know whether The Guardian are formally signing up for this? I know they were part of the discussion, but I just want to confirm whether that means they are signed up for it too?
I’m going to see what the state of play is @ BBC. I’m equally concerned about this as you are.
Maybe we could compare notes via email?
Cheers
Ben
Ben Metcalfe added these pithy words on Feb 05 06 at 2:45 amDonnacha said:
Neil’s complaint, that this code isn’t easily understood by the community it might talking about (but he’s not sure), is invalid - it’s not written for the community, it’s written for his bosses to sign up to.
Er, I don’t want to be simplistic, but surely the ONLY people this should be written for IS the community. After all, it’s THEIR material you want to use.
In fact, where is the consultation with the CJ community?
This all seems very arse-about-face to me — and unnecessarily so. If I didn’t know the calibre and background of the people on the panel I would think that they are trying to snub Citizen Journalism out, rather than trying to help support it.
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