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When Barnes needs a little help

He gets WSB-TV to do his dirty work



It wasn't just the candidates who were besmirching good government and honest politics in this week's electoral jousting. The Award for Deepest Sewer Diving in the 2002 Elections goes to WSB-TV. Here's the story, only part of which can be found in WSB's Coxopoly sister, the Atlanta Journal-Constitution.

On Oct. 27, WSB hosted a debate featuring Gov. Roy Barnes and his GOP opponent, Sonny Perdue. So far, that's a good and noble thing for the station to do. Of course, a rake would chuckle and observe that considering the millions and millions of dollars sucked up by Cox in political advertising -- and the fact that the station and the AJC provide anemic political coverage that's seldom more than an inch deep -- sparing a little air time for the public benefit is hardly a sacrifice.

It goes without saying that the Cox conglomerate adores Barnes. The governor has catered to the corporate agenda in the state -- dumping the old, racist-tinged flag, for example. Barnes has been rewarded with his staggering $20 million war chest, most of it from the well-heeled and from corporate coffers -- including $5,000 donations from the two Cox supreme beings, Jim Kennedy and Anne Cox Chambers.

There's nothing wrong with that -- aside from the smell wafting from the orgy of money that defines American politics at all levels.

But Barnes really blew it on the WSB-hosted debate. When challenged about the decidedly medieval conditions afflicting children in state care, Barnes displayed out-of-character callousness by responding: "Children die every day."

You can almost hear the Barnes campaign staff utter a collective "OOPS!" at this "let them eat cake" dismissal of children who, after all, are probably poor and unlikely to make campaign contributions. After a damage control huddle, Barnes announced that he was really, really opposed to the state mass murdering children.

Noteworthy: The AJC the next day ran a fluffy little story on the debate that did not include any mention of Barnes' political flatulence regarding dead kids, probably the most newsworthy moment of the evening's parry and thrust.

Let's never accuse the Republicans of having good taste. The Perdue campaign immediately jumped on the gaffe and produced a TV spot that featured an 8-second clip from the debate.

This is where the plot thickens. When Perdue's people sent the spot to WSB, the station rejected it, claiming "copyright infringement." If WSB's lawyers and management actually believe this absurdity, they should be fired posthaste. A few of the reasons:

  • Public statements by two of the least private individuals in the state can hardly be copyright protected.

  • There is a concept called "fair use," in which excerpts from copyrighted material can be employed in such things as news reports, reviews and commentaries. "Fair use" also applies to politics, and candidates regularly excerpt from endorsements and media film footage for campaign material. WSB, the AJC -- almost all news organizations -- exercise the "fair use" copyright exemption. This is not alien territory to the media.

  • Legalities aside, it would be impossible to conceive of a greater affront to democracy than a news organization trying to claim it "owned" the statements of a politician -- especially if that "ownership" was employed to stifle criticism of the candidate.

  • As WSB well knows, it does not and never did have a unilateral copyright on the debate. The two candidates themselves can claim a copyright on their own words.

    In a letter to the Perdue campaign, obtained by CL, WSB General Manager Greg Stone also groused that the station "strongly objects to the use of its programming footage in all political advertising." Oh, rubbish. Where has the station ever made such an assertion before? (Answer: It hasn't.)

    The station laid it on even thicker, contending WSB didn't like Perdue's sound-bite treatment of Barnes' remarks. I know, I know, it's really a gut-buster of a joke by WSB. If it has such distaste for sound bites, I suggest Cox immediately add up the gazillions of dollars in clipped-comment political advertising it has broadcast in the last few weeks and donate that money to worthy causes (perhaps foundations that study the evils of media consolidation).

    If all of this does not have you slapping your forehead in amazement, it actually gets worse. The Cox Gestapo demanded that Perdue hand over a list of all other TV stations that had been furnished copies of the commercial. And WSB -- don't forget, we're talking about the biggest bully on the block mediawise -- threatened these other stations with breaking the law if they ran the spots.

    If Perdue were to be successful in getting his spot on other stations, WSB's Stone sternly warned, "You will have caused them to violate ... the federal Communications Act."

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