Posts tagged ‘The Spinoff’


Saddened to see colleagues lose their jobs as we bid, ‘Auf wiedersehen, Heinrich Bauer Verlag’

03.04.2020

I am privy to some of the inner workings at Bauer Media through friends and colleagues, but I didn’t expect them to shut up shop in New Zealand, effective April 2.
   Depending on your politics, you’re in one of two camps.
   TV3, itself part of a foreign company who has made serious cutbacks during the lockdown, said Bauer had approached the government and offered to sell the business to them at a rock-bottom price in the hope of saving the 200-plus jobs there. The government declined. I believe that’s the angle foreign-owned media are adopting here.
   Both the PM and the minister responsible for media, Kris Faafoi, have said that Bauer never applied for the wage subsidy, and never approached the government to see if it could be classified as an essential service to keep operating. Indeed, in the words of the PM, ‘Bauer contacted the minister and told him they weren’t interested in subsidies.’
   It’s murkier today as there is evidence that Bauer had, through the Magazine Publishers’ Association, lobbied for reclassification for it to be turned down, though the minister continues to say that it had never been raised with him and that Bauer had already committed to shutting up shop.
   Outside of “we said, they said”, my takes are, first, it was never likely that the government would want to be a magazine publisher. Various New Zealand governments have been pondering how to deal with state-owned media here, and there was little chance the latest inhabitants of the Beehive would add to this.
   We also know that Bauer had shut titles over the years due to poor performance, and Faafoi’s original statement expressly states that the Hamburg-based multinational had been ‘facing challenges around viability of their operations here in New Zealand.’
   With these two facts in mind, the government would not have taken on the business to turn it around, especially while knowing the owner of Bauer Media (well, 85 per cent of it) has a personal worth of US$3,000 million and the company generated milliards in revenue per annum.
   I also have to point to its own harsh decisions over the years in shutting titles. In 2018, Bauer’s own Australian CEO told Ad News: ‘There’s a really interesting view that somehow we are here to provide a social service. The reality is we’re here to make money and if we can’t make money out of our magazines, we’ll sell them or we’ll close them.
   ‘We have an obligation, whether that’s a public company or private company, to make money for shareholders. If it doesn’t make money, why would we do it?’
   That, to me, sounds like the corporate position here as well, and no doubt Bauer’s bean counters will have crunched the numbers before yesterday’s announcement.
   I’ve had my own ideas how the stable could have evolved but it’s easy to talk about this with hindsight, so I won’t. Enough people are hurting.
   But I’d have applied for whatever the government offered to see if I could keep things going for a little while longer. Even if the writing was on the wall, it would have been nice to see my colleagues have a lifeline. Get one more issue of each title out after June. Maybe I’m just not as brutal. I mean, I’ve never defamed Rebel Wilson as Bauer’s Australian publications have. Maybe it’s different for a small independent.
   If I may use a sporting analogy, Bauer hasn’t let their players on to the field and kept them in the changing room, and more’s the pity.
   One comment I received yesterday was that Bauer wouldn’t have been in a position to pay its staff even with the government subsidy, with no advertising sales being generated. I’m not so sure, with annual global revenues of over €2,000 million. New Zealand was probably too unimportant to be saved by Bauer’s bosses in Hamburg. I guess we’ll never know.

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Does TPPA redux protect Big Tech?

25.01.2018


SumOfUs/Creative Commons

Prof Jane Kelsey, in her critique of the still-secret Comprehensive and Progressive Agreement on Trans-Pacific Partnership (formerly the Trans-Pacific Partnership Agreement [TPPA]) notes in The Spinoff:

The most crucial area of the TPPA that has not received enough attention is the novel chapter on electronic commerce—basically, a set of rules that will cement the oligopoly of Big Tech for the indefinite future, allowing them to hold data offshore subject to the privacy and security laws of the country hosting the server, or not to disclose source codes, preventing effective scrutiny of anti-competitive or discriminatory practices. Other rules say offshore service providers don’t need to have a presence inside the country, thus undermining tax, consumer protection and labour laws, and governments can’t require locally established firms to use local content or services.

   If this new government is as digitally illiterate as the previous one, then we are in some serious trouble.
   I’m all for free trade but not at the expense of my own country’s interests, or at the expense of real competition, and the Green Party’s position (I assume in part operating out of caution due to the opaqueness of the negotiations) is understandable.
   Protecting a partly corrupt oligopoly is dangerous territory in a century that will rely more heavily on digital commerce.
   While there may be some valid IP reasons to protect source code, these need to be revealed in legal proceedings if it came to that—and one hopes there are provisions for dispute settlement that can lift the veil. But we don’t really know just how revised those dispute settlement procedures are. Let’s hope that Labour’s earlier stated position on this will hold.
   Google has already found itself in trouble for anticompetitive and discriminatory practices in Europe, and if observations over the last decade count for anything, it’s that they’ll stop at nothing to try it on. Are we giving them a free ride now?
   Despite Prof Kelsey’s concerns, I can accept that parties need not have a presence within a nation or be compelled to use local content or services. But the level of tax avoidance exhibited by Google, Facebook, Apple et al is staggering, and one hopes that our new government won’t bend over quite as easily. (While I realize the US isn’t part of this agreement, remember that big firms have subsidiaries in signatory countries through which they operate, and earlier trade agreements have shown just how they have taken on governments.)
   She claims that the technology minister, the Hon Clare Curran, has no information on the ecommerce chapter’s analysis—and if she doesn’t have it, then what are we signing up to?
   However, Labour’s inability to be transparent—something they criticized the previous government on—is a weak point after a generally favourable start to 2018. The Leader of the Opposition is right to call the government out on this when his comment was sought: basically, they were tough on us when we were in government, so we hope they’ll live up to their own standards. Right now, it doesn’t look like it. I suspect Kelsey is now the National Party fan’s best friend after being vilified for years. Bit like when Nicky Hager (whom one very respected MP in the last Labour government called a right-wing conspiracy theorist) wrote Seeds of Distrust.
   And the solutions that Kelsey proposes are so simple and elegant that it’s daft they weren’t followed, since they are consistent with the Labour brand. I know, trade agreements can stay confidential at this stage and this isn’t unprecedented. But that’s not what Labour said it wanted. At least these suggestions would have shown some consistency with Labour’s previous positions, and given some assurance that it’s in charge.

What should a Labour-led government have done differently? First, it should have commissioned the revised independent economic assessment and health impact analyses it called for in opposition. Second, it should have shown a political backbone, like the Canadian government that also inherited the deal. Canada played hardball and successful demanded side-letters to alter its obligations relating to investment and auto-parts. Not great, but something. New Zealand should have demanded similar side-letters excluding it from ISDS as a pre-requisite for continued participation. Third, it should have sought the suspension of the UPOV 1991 obligation, which has serious Treaty implications, and engaged with Māori to strengthen the Treaty of Waitangi exception, as the Waitangi Tribunal advised. Fourth, it should have withdrawn its agreement to the secrecy pact.

   I once joked that National and Labour were basically the same, plus or minus 10 per cent. On days like this, I wonder if I was right.

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Posted in business, globalization, New Zealand, politics, technology | 1 Comment »