What’s wrong with jail for oil executives? It’s not personal. It’s strictly business.

It worked for Al Capone… why not Tony Hayward and so many other oil executives?   Remember the adage that you’re never punished for the crime but you’ll be doomed for the cover-up?  The oil spill is horrific but what’s more damaging has been the response, the obfuscation, the denials, and the apparent path of half-truths.

It seems apparent there will never be enough money to pay for all the losses, the hardships, the heartache.  Besides fines are merely money paid by a corporation and diddled about on a balance sheet.  In an age where we mourn the absence of real responsibility, make the crime personal, not just business.

Al Capone was never convicted for crimes regarding prohibition but for tax evasion.  What’s the crime committed by the oil executives?  Perjury!

Follow the logic.  Or perhaps better phrased, follow the money.  In order to gain government leases, in order to win approval of countless drilling plans, even when testifying before Congress following the disaster on Transocean’s Deep Horizon drilling rig it seems evident the executives from BP systematically misstated the facts (lies, fibs? white lies, convenient truths?) on government forms, contracts, plans and in testimony.

And that, ladies and gentleman of the jury, is perjury.

$20 billion dollars will never be enough as a set aside for damages.  BP is already claiming they have spent 10% of that on containing the spill alone.  What will happen when gulf beaches become oil stained gooey sand dunes, devoid of tourists for years?  Or what will happen to spring-break-centered towns like Panama City when no students return next year?  Or for anyone who bought condos on a once white-sand beach who will never be able to unload those albatrosses?  Imagine the devastation from the first hurricane in the gulf which inhales oil soaked sea and distributes that as rain hundreds of miles inland, not to mention the storm surge, both of which will leave an oily residue hundreds, perhaps a thousand miles from the spill?

There is simply no way to contain the damage nor provide restitution for all these ‘legitimate’ claims.  How do you put a value on some of the losses, or for deaths of wildlife or fish?  As for the examples like a hurricane BP will most likely argue that flood surge and rain is an act of God and nature and surely they cannot be held responsible for that!  As for the more acute, local claims, one must believe they will follow Exxon’s tact of making every nickle and dime a hard-won fight for those who suffered the loss.
Which brings me back to my principal theme.  In order for any real change there ought to be personal and not just business accountability.  This may seem like some sort of Jonathan Swift parable but change is unlikely to stem from political posturing, Congressional displeasure and environmentalist hand wringing.  For any oil or drilling executive who made their false assertions, who knew that there were not enough booms, or that the valve was not up to par, they should be held accountable for simply this: lying.  They seem to have lied or misled or misrepresented inconvenient truths regularly.  Senior and highly trained engineers at BP and other oil giants should have known better – they to either lied or went mute when higher-ups changed or modified their reports.  They kept their jobs but at an ethical price that is now being borne by others who are quite innocent victims.  Similar assertions of defense and denial echoed at war crime tribunals with only a modicum of success.  Surely we would not be able to jail all of the senior vice presidents, the vice presidents, the senior engineers and on down the line, and some offer value as government witnesses, but the point is simple – let’s make those responsible pay for their perjury.  While we’re at it, perhaps offer an amnesty for all the other oil companies might be considered, for perhaps 90 days, as a period when they could review and revise their plans too.

And this new truth-telling or ethical conduct might be applied to the mining industry… or transportation, or food too as there seem to be countless industries that have grown too cozy with government regulators who  believed we’re paid by taxpayers to protect the public at-large.

The point is this – instead of focusing solely on monetary recover, which is important, let’s not settle for the easy solution – the money alone – but use this disaster as a water shed mark in US history when companies are put on notice that too-close-for-ethical-comfort relationships with K Street lobbyists is not an alternative to the more costly truth; and that doing business well requires ethics.  That success is not judged solely on the balance sheet or an ability to recover from a whoops-moment.

We have suffered through the banking crisis, the housing meltdown, the oil spill and yet it feels as if we haven’t learned a lesson called accountability.  Fiscal, moral, ethic accountability and leadership is what is sorely needed.   We have suffered a hat trick of woe.  Have we learned anything more than, “Wow, it sure is expensive” and “How did that happen?”  Are we that naive?  Are we perpetually doomed to be ostriches?  If we don’t want to put the bastards in jail then let’s break out the old family recipe for mixing tar and start gathering the feathers.

The media has treated each of these events in a episodical way.  The public sees them as disasters each  in their own right.  But I think there may be an underlying cause that transcends all three… greed, a lack of ethics and accountability.  Money wont restore that – not even the most Draconian fine.  Accountability is not s synonym for businesses with deep pockets but rather it should be a maxim for the behavior of a company’s leadership, its C-levels and its Board.

BP’s Media Management – Brilliant! Insidious but brilliant

Brilliant?  Tony Hayward and the cast of Gilligan’s Island… brilliant?  Well, perhaps as the Skipper he has left a lot to be desired, but virtually everything else the BP media machine is doing is text-book perfect and likely to be studied as a model for crisis communications and disasters of tomorrow.

BP is using the media, the web, social media and is literally crafting stories right before our eyes.  They have mastered the concept of producing and distributing their own media and communications.  Believing in the long tail of the web BP has hired its own reporters to gather news stories under the guise of journalism. Under banner headlines “BP reporters Tom Seslar and Paula Kolmar are on the ground in the Gulf, meeting the people most immediately affected by the oil spill. Read their regular updates” are an apologia of unimaginable guile and proportion featuring heartfelt reports of clean ups and mitigating the severity of the disaster. BP knows that some of these stories will fall into mainstream media either through a lack of checks and balances or an absence of editorial scrutiny. BP knows that while they cannot rebut all the stories produced by the press the corporation can muddy the water by producing and distributing its own look-like news. Clever. Perhaps even diabolical. Effective nonetheless.

Aggregating electronic media is also used to build what masquerades as a social media-oriented site where true news is co-mingled with corporate pieces.  They create and maintain a look so responsible, so balanced and fair.  Why not?  They cannot prevent the cascade of negativity so they might as well co-opt it to fit their presentation and advantage.  And goodness let’s watch them use You Tube as one of the silos to distribute their material to the main stream.

Union Carbide and Exxon were the poster children for how to bumble and fumble corporate responses to a crisis. Johnson & Johnson, Odwalla, even fast food outlets have done a better, more comprehensive and responsive job in managing a crisis over the recent past. But BP has set a new bar in how to handle the media on the ground, when to stonewall, when to provide selective access to those it favors (most notably FOX news, perhaps based on their British Sky News affiliation AKA Rupert Murdoch?), and now creating content thanks to their own news team juggernaut.

After Katrina all the networks pledged to establish and maintain news bureaus in New Orleans in response to what was perceived to be the national anguish over the tragedy. Slowly but steadily the New York based, east coast centric news producer’s interest waned until the economic costs of sustaining gulf coverage was deemed to be too high with respect to the newsness and news value of what was produced. No network executive wanted to blink first, that is to be perceived as caring less about the minority impacted city, but inevitably the networks scaled back and withdrew their staffs. Watch for the same in the gulf… the story will move from just Louisiana on to Mississippi, Alabama and ultimately the prize jewel Florida. As the floating story sails the gulf the reports will migrate too, a nomadic news team on the prowl for the oils next landfall. Meanwhile the audience’s attention to oil soaked birds and families-with-ruined-lives will become tiresome. The birds will be featured in pieces on Nat Geo. The families will become features on anniversary occasions and special events such as Thanksgiving and Christmas.
Cynical perhaps but predictive too. And as time passes the only ones covering the story, crafting and creating faux news will be the one organization with the most money to spend and the most reputation to change… BP.
Watch it and weep.

Politics, Partiansanship and Priorities – why doesn’t the media focus debate on what is seriously threatening the bulwarks of government and democracy?

Announcing his intention not to seek re-election to the U.S. Senate, Indiana’s Evan Bayh (D-IN) said, “After all these years, my passion for service to my fellow citizens is undiminished, but my desire to do so by serving in Congress has waned. For some time, I have had a growing conviction that Congress is not operating as it should. There is too much partisanship and not enough progress — too much narrow ideology and not enough practical problem-solving. Even at a time of enormous challenge, the peoples’ business is not being done.”

What a sad admission.  What a sorry state of the Congress as articulated by one of its insiders.  Too much partisanship? Too politicized? Not enough of the people’s work is being done?
At first I applauded Sen. Bayh for his conviction but the more I think about this the more unsettled I become. Why not fight the prevailing wind?  Too Quixotic?  Unwinable?  Pointless, a fight not worth fighting?   How sad that seems.
Senator Bayh can do what he chooses, to fight what he believes is worth fighting, to take a stand where he believes one must draw a line, stand and fight.  I am however reminded of former Congressman Robert Drinan (D-MA) who always believed that the means was every bit as important as the end, that the way legislation was crafted and implemented was as important as its end result. Congressman Drinan was also a Jesuit and that might explain his unyielding commitment and personal focus. Ultimately Pope John Paul II compelled Bob Drinan to choose between his collar and calling and his seat in Congress, and Father Drinan returned to academic and ecclesiastical positions.
I applauded Evan Bayh for taking his stand and calling attention to his frustration.  But the more I think about it, I am concerned if this is the easy way out?  I am struck by the thought that if people whose convictions are truly noble are being compelled to leave the Congress, aren’t we all as a nation at a loss for their departure?

The media isn’t helping… it is polarizing too.  Whether to the right (FOX) or left (MSNBC) or the muddled middle (CNN), the public is not being served by dispassionate debate and articulation of the facts.  There is a rah-rah quality to many presentations that neither serves democratic discourse or perpetuates sober debate in lieu of screaming and emotion.  The health care debate, the public meetings, the posturing and promoting of personal agenda would seem to more the sufficient evidence to indict both politicians and much of the media.

Of course there will be calls for restructuring, just as there have been calls for campaign finance reform as if this will be the cure-all, the panacea for what ails us.  I think it might be deeper than that, deeper even the the pockets of wealthy candidates who seem intent on spending personal fortunes to win their election.  Deeper too than just positioning and spin.  Much deeper than what can be squeezed into a 30 second attack ad or single column op-ed.

The real problem is tolerance.  Until we work to reform the process, unless we all agree that the means matters, until we stop the rhetoric and bombast at the expense of listening, then there will be only greater partisanship and discord, tumult and disharmony.  From sound bites and quotes, to commercial messages which banter about words like “liberal” or “conservative” with such venom as to make each totally unpalatable, we will continue to alienate audiences, to turn people off, and to polarize listeners and viewers who will believe only in what they are already convinced about, supporting sides they favor and eschew all other viewpoints.

That is the true loss we face.  We should report on that.

Use a Camera, Go to Jail… new laws make it illegal to photograph police

3 states now have laws prohibiting news photography of police… actually, any photography of on-duty police.  If this is the new trend, what does it say for society that it is more afraid of protecting illegal or unprofessional acts by law enforcement than protecting civil rights?
Gizmodo.com is reporting Are Cameras the New Guns that law makers across the country are writing laws that limit if not outright prohibit photography of on-duty police in order to limit or halt photographs or video appearing on social media.
Laws that restrict citizen’s rights also restrict the news media and drape a veil on the truth.  How far does this extend? Will news crews be allowed to shoot benign pictures of video of traffic accidents but not when police misbehave or there are questions of abuse and misconduct? What about civilian journalists who have captured police beatings, for instance the Rodney King video in Los Angeles, the Oscar Grant shooting allegedly by BART police officer Johannes Meserhle – are they now liable for prosecution for capturing evidence of potential misconduct?
Would this ban on photography extend to riots? Would this extend to coverage of police protecting the President of the United States making a visit, campaign trip or speech?
Where does one draw the line — is it permissable to make pictures of police when they are doing good things but not when their conduct might be called into question?
What, pray tell some one explain this to me, are we afraid of?  This was, still is I would hope, a country where we expect our civil rights are protected… where we expect the best and most professional conduct from law enforcement, and where we acknowledge that bad things do happen… and that there are laws to protect everyone involved.

It just doesn’t make sense to me.  Would some one help me to understand by starting a rigorous debate?

CNN to go it alone? Network may rely on no sources other than itself?

Not so many years ago… major newspapers sent their unilateral reporters around the world, wire services competed to file first from world capitals; radio and television networks scrambled to be first with multimedia and the global news audience was the prime beneficiary of news and information, in-country sourcing due to a robust sense of competition.  Economic realities and changing market forces have picked off those reporters as if by a sniper whose aim was unfailing.  UPI is gone, AP and AFP remain though reduced in size, scope and prominence.  Now comes news that CNN is considering dropping all its outside sources CNN Close to Dropping AP… in favor of complete reliance on its own staff, I-reporters and citizen journalists, Tweats and other independent, unprofessional and inherently unreliable, untrained sources. It is not that all are unreliable they are untrained, unprofessional, unregulated and the audience is unprotected from uncorroborated reporting.
That’s the risk… the risk of spin, government or corporate news masquerading as real, and simply stories which cannot be checked and verified in what will be a competitive rush to publish and broadcast. It is already unfortunate that independent reporting has been a casualty of the economic juggernaut. The risk – and it is a significant risk – is that the network is choosing economics over prudence, responsibility and history.

Death – unedited, raw and disturbing captured on camera

Death – captured on video – in June 6th’s Los Angeles Times Death of fugitive porn actor captured in disturbing video is a short metro (L.A. Now) item on the death of a porn actor named Stephen Clancy Hill, who was wanted in connection with a rampage that left two others dead.  In all, not a terribly monumental story when compared with carnage that dots the worldscape daily, except that this story features video of the actual moment of Hill’s death captured and shown as a link from KTLA Channel 5.

Is this news worthy?  And why have the editors determined that watching a raw tape of his body tumbling off a cliff, ricocheting and bouncing from is something that adds to our understanding or appreciation of the death?

In the final act of Tom Stoppard’s “Rosencrantz and Guildenstern Are Dead”, Guildenstern wonders aloud if the concept of death can be portrayed on a stage. It is not a large leap to extend this question to citizen journalism and modern media.  Somewhat at an emotional loss he asks, “No…no…not for us, not like that. Dying is not romantic, and death is not a game which will soon be over…Death is not anything…Death is not…It’s the absence of presence, nothing more…the endless time of never coming back…a gap you can’t see, and when the wind blows through it, it makes no sound.”

For the editors of the Los Angeles Times the death of this man makes a great deal of disturbing visual noise.

Score 1 for Ethics

This is just worth sharing… Score one for ethics and leadership
NBC STATION IN L.A. ADMITS NOT LIVING UP TO JOURNALISTIC STANDARDS

from StudioBriefing, May 19, 2010
The NBC-owned television station in Los Angeles on Tuesday announced the departure of its “vice president, content” and simultaneously admitted that it had not lived up to “journalistic standards” when it aired a faked report about new credit card rules in February. In today’s (Wednesday) Los Angeles Times, media columnist James Rainey said that Tuesday’s announcements by KNBC-TV represented the culmination of a “psychodrama” at the station that “has pitted traditional television journalists .. against a nouveau crowd of content creators who prefer their sizzle served up hot, preferably without much steak.” In the faked report, Rainey said, the station hired reality show producer Vicki Gunvalson, who interviewed friends about the new credit card rules, then passed the friends off as ordinary “men in the street.” The interviews, Rainey indicated, were conducted at an Orange County boutique, owned by another friend of Gunvalson. A spokesman for the station told Rainey that it is “taking steps to prevent this from happening again.”

If you live by the sword…

We all know them… colleagues or bosses who wield enormous power often based on the most ephemeral set of skills or talents.  Many are sycophants, some are pathological, others are deceitful and conniving, but they invest considerable time embellishing their careers, often in spite of their limited talent and acumen, often if not always at the expense of others.

Network news, a business I happen to know well, is filled with such people.  There  are both men and women who have truly slept their way to power and prominence.  There are those who have married their careers to anchors and executives only to be eviscerated themselves, as if by a scythe, when their powerful benefactor’s star has lost its luster.

Last week ABC News announced the departure of long time executive Mimi Gurbst.  Many believe the 30-year veteran was edged out in a power shift that promoted those in Diane Sawyer’s coterie and cast aside those who were not among the favored few.  Others believe this is a touch of long-delayed justice for an individual who had littered her career path with other’s reputations.  What makes all this so interesting is the reaction to this story in The New York Observer “Top ABC News Producer Leaving Network To Become High School Guidance Counselor” by Frank Gillette. Mr. Gilette’s fawning lede and story, heaped with praise and adulation, triggered the most amazing series of comments – more than 100 of them, and none positive.  Reading the posts one cannot help but conclude that engaging with Ms. Gurbst professionally was like touching the third rail.

Network news is an industry which often puts its best face on its own dirty laundry and unpleasantries.  No where is this more visible than in tributes or saccharin eulogies offered about individuals who were not particularly well thought of even when they were alive.   But I cannot recall a public recollection made by colleagues laced with such vitriol and venom.  And that’s the lesson… if you live by the sword be prepared to be cut and slashed and wounded by those whose personal and professional reputations you traded as the currency of gossip, innuendo, and disrespect.

In disclosure I knew Mimi Gurbst at ABC years ago.  I haven’t spoken with her in more than a decade.

BP’s approach to the oil spill crisis – corporate sacrifce! Let’s toss our friends into the sea.

There’s an established rule in crisis communications that you round-up your allies and stand together — sink or swim, but both human or corporate  sacrifice is frowned upon as poor sportsmanship.

That rule was cast aside Monday by BP CEO Tony Hayward who threw his Gulf of Mexico drilling vendor Transocean Ltd. directly into the deep water saying, “The drilling rig was a Transocean drilling rig. It was their rig and their equipment that failed, run by their people, their processors.”

Oh Mr. Hayward?  How do you feel about companies or people you really dislike?  In an interview on NBC’s Today Show, Mr. Hayward went on to point out that Transocean owned the giant Deepwater Horizon platform and that BP was merely a lessee.  While accepting the burden of paying for clean up costs one has to wonder what Hayward was thinking?  Why was he sitting on national television dissing what until last week was considered a valued partner to BP’s global operations?

So much for loyalty.  So much for corporate responsibility.  Hayward could be laying the framework for a legal defense to put as much of the blame, the harsh light of public recrimination and ultimately the public memory onto the shoulders of his Swiss partner Transocean.  To this observer it appears a flimsy and transparent attempt to add to the slimy oil slick also known as the ever-expanding blame game.

Kudos to Mr. Hayward – he appeared sincere and forthright.  He was well-trained and prepared.  But his statements left real doubt as to the corporate courage and conviction of BP… and I bet the blame will be shared by many more before the well or this story is capped.

Numbers Do Matter

News has become a playground for worsts and mosts and hyperbole.  News and TV generally from cable shows to even entertainment programs like Dr. Phil make everything black and white, regardless that we live our lives for the most part in the nuance of gray.  It’s not enough to be sad or sick, we want the people we see, read and hear about (and their stories) to be at death’s door.

Reporting numbers and speaking with experts is always challenging, after all, they, in theory, have knowledge that generalists and most journalists do not possess, but why is it that journalists so frequently fail to challenge their hyperbole?

During the weekend’s coverage of the Gulf oil spill one so-called expert from the Sierra Club spoke to NBC News with great emotion and absolute conviction that the spill was far larger than had previously been reported.  He gushed on suggesting the spill could in fact be 50,000 gallons, even 100,000 gallons a day!  Perhaps true, but he didn’t know, and he wasn’t challenged by the reporter who blithely accepted the assertion and proceeded on in the narration.  That’s a significant number and a wide discrepancy of perhaps up to 100%.  It’s OK not to know; it is OK to even speculate, but how about some context or qualification before numbers – any numbers – become misunderstood and the story misreported?

Geraldo (Rivera) on FOX News did it too, breathlessly interviewing guests from a busy Times Square intersection about what could of happened had the car bomb detonated.  Note the verb: could.  One guest, obviously pumped by the opportunity to appear on TV, burst forth that had a dirty bomb gone off “Times Square would be contaminated for anywhere from 50 to 100 years.”  Geraldo and the other guests solemnly but enthusiastically nodded approvingly accepting this assertion as sober evidence of absolute danger and impact.  The fact that the Times Square bomb was not dirty was never challenged while again, just speculating with the numbers between 50 and 100 leaves significant room for debate and discussion.

Speaking of numbers and expert’s assertions, look back at coverage from the oil spill in Valdez, Alaska.  When covering that we heard experts say that the ocean and islands would remain scorched earth and that nothing would ever grow on those shores or under those waters again.  The reality, within 6 months nature started to return.

The point is simple, but it is beyond bad news sells.  Yes it does… and that’s news.  If you want just the good news you should confine yourself, for the most part, to the sports section, although even that has become more difficult in recent years due to scandals and bad behavior.

It is frustrating that contemporary reporting on the oil spill requires reporters to seek out experts who are prompted to say the sea is forever doomed and all creatures will inevitably die, choked by oil and cloaked in a gooey slime unlike any we have ever seen before.  The car bomb isn’t allowed to be a close call but becomes an incident that would surely have resulted in thousands of casualties and a forever blackened a New York landmark.

Each sentence is mired in half-truths and certainly assumptions run amok.  As a journalist I bristle at what I consider to be reckless reporting that appears to hype the story, feed the hysteria, and ultimately deceive the audience.  There are so many other examples – certainly politics and it doesn’t matter whether you favor the left or the right, the administration or the opposition, health care reform or tea parties – my point is that reporters who use numbers and hyperbole unchallenged and unqualified do not serve the public interest, do not serve their profession well, and do more harm to the public discourse.