NSFW: ‘Tis Pity We Called Her A Whore – And Other Ineffectual Digital Apologies
Paul Carr
Mar 15, 2010

Having now written two books about my failures in work, life and love, I think I’m qualified to say that the only difference between a memoirist and a prostitute is timing.

A prostitute sells sex for money – that money being payable either immediately before or immediately after the act. A memoirist also receives money for having sex – but our payment comes via a publisher, months or years later, once we’ve recounted the amusing or titillating details in print. In the final analysis, really, we’re all whores.

And yet, in terms of public perception, the distinction of payment and timing is vital. Actual prostitutes are – generally speaking – looked down on by society: labels like ‘whore’ and ‘hooker’ being, almost without exception, used pejoratively. Memoirists, on the other hand, tend to be reasonably well regarded, not least by themselves. For that reason, accidentally calling a hooker a memoirist is unlikely to cause offense, but accidentally call a memoirist a hooker and… hoo boy…

This time last week, my friend Zoe Margolis – who writes as the Girl With A One Track Mind – was asked by the UK’s Independent on Sunday (IoS) newspaper to write a column about how she went from being an anonymous sex blogger to a widely-recognised advice columnist and memoirist. Zoe, I should emphasise, does not have sex for money. I know this for a fact: we shared a house at SXSW a couple of years ago and she stubbornly refused to sleep with me, despite the fact that I paid for all of our groceries at Whole Foods.

And yet, thanks to an astonishing but – I hope – innocent piece of lazy subediting, when the IoS published her column they did so under the unambiguously libellous headline “I was a hooker who became an agony aunt“.

Hoo boy.

The IoS reaslised its mistake (for want of a better word for “misquoting one of our writers as calling herself a whore”) within an hour of the paper going to press and quickly changed the headline in print and online. But of course the damage was already done. Although, according to the paper, only a couple of thousand hard copies had been dispatched to news stands, the web version had already been syndicated to dozens of other sites – including Yahoo! – and such far-flung newspaper websites as the Times of India. Worse still, it took several more hours – and increasingly vocal complaints by Zoe – before the IoS changed the story’s URL which still contained the full wording of the original headline.

An embarrassing screw up for the Independent – but one that other papers can learn from, right?

Not so much.

A few days later, another UK paper – The Daily Mail – ran a story headlined “I posed as a girl of 14 on Facebook. What followed will sicken you ” The story was indeed sickening; written by a former police detective, it revealed how after signing up to Facebook as a young girl, he was immediately contacted by middle-aged men looking for sex. There was just one problem with the story: it wasn’t true.

For a start the story was ghost-written by a Mail journalist, loosely based on a phone interview with the detective. More importantly, the detective had made clear – repeatedly – that the social network in question wasn’t Facebook. In fact he’d actually praised Facebook for having put in place measures to protect young users against ‘grooming’ by adults. Unfortunately, the Mail seems to have a beef with Facebook – they previously accused the site of causing cancer – and so decided to name and shame it both in the article, and in the headline and – yup – in the URL. As with Zoe’s story, the headline was changed after a few hours (having already been widely syndicated) but the libellous URL remained uncorrected for more than a day.

In both cases, the result was the same – the Independent and the Mail each issued apologies and corrections in the next day’s paper and online but both Zoe and Facebook say they intend to take legal action both for the initial error but also for the further harm done by the time the papers took to correct their libellous URLs.

We’ll have to wait and see what comes of the proposed lawsuits, but in the meantime both cases illustrate a huge problem with the blurring of the line between old and new media. In the old days, editors understood how their papers worked. If a libellous story was printed, they would stop the presses (if it wasn’t already too late) and they would issue an apology the next day. Most readers would see the apology and all would be well. Yes, there might still be a libel action, but at least the publication could show that they’d halted the presses and issued the apology, thus mitigating some of the damage done.

Today, that’s no longer the case. The simple fact is that many editors have absolutely no idea how their papers work any more. According to the Guardian, when Charles Garside, assistant editor of the Daily Mail, was asked about the fact that the libellous URL was unchanged for more than 24 hours, he described it as “a technical matter”, adding: “We are removing elements of that”.

“A technical matter” – which of course is code for “I have absolutely no idea how the Internet works. We have geeks to do that kind of thing, and they were at home – probably masturbating or watching Battlestar Galactica – or both – when the story went up”

With those three words – “a technical matter” – Garside lays bare the problem newspapers face in moving online. Editors understand stories and they understand headlines, but today they also need to understand URLs and automatic syndication and all of the other “technical matters” that are just as much a part of the modern newspaper as standfirsts and pullquotes. This is a lesson I learned the hard way back in 2005 when I was hit with an enormous libel claim (and the possibility of imprisonment for contempt of court) when the publication I edited linked to a libellous story (published in France) about a certain English Premiership football player. Although we were careful not to name the player in our story, we were still held responsible for identifying him because the URL we published contained his surname. The fact that we’d used our in-house link-shortener to mask the true URL was no defence as the shortener was hosted on our own server and resolved to the correct address before the reader left our site. Since that day, I’ve understood that a URL can get you in just as much legal hot water as an ill-judged headline.

Unfortunately that seems to be a lesson that editors at certain major national newspapers are yet to learn. If I were the owner of the Independent, or the Mail, or any other newspaper I’d insist that my editors spend a few hours of their time learning how their papers work in the digital age. That means understanding not just how to stop presses and issue apologies but also how to get under the hood and change URLs; how automatic syndication works and how to ensure any subsequent apology is amended to every online version, and not just the one hosted on their main site.

Finally, the way that apologies and clarifications are published needs to be seriously re-thought. Publishing a correction in the next day’s paper, or as a separate item on the publication’s website, is a ridiculous anachronism. People no longer read the same paper every day: the fact that they stumbled across a story in the Independent or the Daily Mail once through Google News doesn’t mean they’ll ever read a story in that paper again. It certainly doesn’t mean they’ll see a correction published 24 hours later.

Whereas once a libel court could be satisfied that the publication of a printed apology would mitigate libel damages, that’s unlikely to hold much weight in any legal action concerning the stories about Zoe Margolis or Facebook. Both Zoe and Facebook made their reputation online and it’s online rather than in print that they have the most to lose.

As a Facebook spokesperson told the Guardian, a traditional correction can’t undo the ‘brand damage that has been done’. Perhaps, then, the Mail and the Independent should take a lesson in damage control from Zoe. Moments after the Independent published their apology, she tweeted out a link to it and asked her followers to ‘please retweet’. Many (including me) did, and still others republished it on their blogs. Not only did that spread the word that Zoe isn’t – and has never been – a hooker, but it also helped ensure that most of the Google results for “Zoe Margolis +hooker” point to the correction and not to the original libel.

Had the editors at the Mail and the Independent been quicker to update their libellous URLs, and had they used Twitter and other social networks to push out their apologies then perhaps they could have avoided what will quite possibly be some very costly legal action.

But then again that would require them to understand the first thing about the Internet and other “technical matters”. And if they’ve proved anything recently, it’s that they really – really – don’t.

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  • Jeff

    Although I dont do any twitter your article brings up good points.

    A good number of people don’t read the same newspaper everyday.

    And if you publish something on the web and edit it, chances are someone’s got the original copy…

  • Andrew

    Aren’t your columns usually on Sundays? Did the day light savings time add an extra day for Britain?

  • glenn mcdonald

    If I ran a newspaper, or pretty much anything else, I’d switch all article URLs to use numeric IDs. You know you might want to edit the article and/or the headline, and you know you don’t want to have to change the URL, therefore the two ought not to be related. And then you won’t need your second layer of URL shortening, either.

  • http://www.mattdemers.com Matt Demers

    As a student journalist who’s being taught by many of these old-school editors, I think it’s important for myself and many of my colleagues to learn what happens when we fuck up.

    People hate journos a lot as it is; we can remedy this with, well, not screwing up. Fact checking, dilligent research and a good head on our shoulders might be a little too much to ask for sometimes, apparently.

  • http://www.paulcarr.com Paul Carr

    Something like that.

  • http://flavors.me/tannerpowell Tanner Powell

    I can’t believe you struck out with a Whole Foods run..

    Good article.

  • Michael Arrington

    nice url.

  • Michael Arrington

    I don’t get it. How is this NSFW?

  • Michael Arrington

    (sorry, it wasn’t sitting well with me that no one had asked that yet)

  • Eric

    Clearly you do not run anything. 1. article names in URL’s are an obvious SEO benefit. 2. google-sucks-balls.html is easily renamed and forwarded to google-is-so-damn-great.html it sickens the minds of people who actually know what they’re doing to read your reply.

    thankfully you’re probably a manager somewhere. if you were a developer…

  • http://www.lazysupper.com lazysupper

    Shouldn’t Google share some of this burden? Google is the one, after all, who is pointing to the libelous URLs.

    Google is publishing libelous statements every second of the day, on monitors and mobile screens across the globe.

    But Google takes no responsibility, of course. They are just the conduit, the messenger. Absolved of any and all guilt, whether it be slander or kiddie porn.

  • fake name

    The problem with libel on the internet, is that it lasts forever. Apology or not, it can haunt the victim for a very long time (personally and professionally), long after the web-o-sphere stops caring.

    What’s worse, in some cases a libel lawsuit would only make it worse.

  • http://www.paulcarr.com Paul Carr

    Clearly all the people who normally ask are distracted at SXSW.

  • Steve

    Maybe a partial answer is not to use “insert-libellous-statement-here” in URLs, but instead use something anonymous like “718162653543″. Generating a number is no harder than making a link address out of a heading.

  • http://www.paulcarr.com Paul Carr

    There’s legal precedent that says that’s quite true. In the UK (where these stories were published) a host is liable once they’re notified by the (potential) plaintiff of the libellous statement. (Godfrey v Demon Internet Service [2001] QB 201)

    Not sure of the situation regarding child porn, but I have a feeling it might be a strict liability offence. It certainly is in the US.

  • http://www.lazysupper.com lazysupper

    SEO (as noted above).

  • Hungry Kal

    You burned the grilled cheese you son of a bitch.

  • http://www.cdnpal.com Christopher

    Real whores spread herpes and aids, digital whores spread articles from bad bloggers, dumb social networking game invites, and lame viral videos.

    I’m still debating which one is worse, or more harmful to society.

  • http://www.adammiskiewicz.com Adam Miskiewicz

    They can only handle one acronym at a time.

  • http://www.cdnpal.com Christopher

    I read the rest of the article. The only way to guarantee against this happening is to kill editorials.

    As most of you know Richard Rosenblatt with with my former coworker, who’s desk I now sit at, at his side, are trolling search engine click stats to find out what people want to read, then paying people to publish articles on those topics.

    “Demand media”

    He has made oodles of money doing this and claims it is the future of journalism. There is practically zero risk involved, and he doesn’t have to pay the writers a decent salary, health or dental or a 401k or provide any kind of job security.

    Of course for programmers, I suspect that is another matter.

    The point being that Rosenblatt is smart, and the rest of you are not as smart as him. Sure, it doesn’t enrichen society to water down journalism and make it a numbers game factoring out the human side of the equation, but whatever. He can buy his own island, and you can’t.

  • http://www.lazysupper.com lazysupper

    Things are definitely more difficult for Google in Europe… and will get even more so i would think after “The Italian Video”. It’s apparent they face more accountability in Europe than in the US; accountability they do not think they should be theirs. All this reflects how nascent and anarchic the Internet still is… and will be for some time I’d think.

  • http://www.cdnpal.com Christopher

    “As most of you know Richard Rosenblatt with with my former coworker”

    should read:

    As most of you know Richard Rosenblatt with my former coworker;

    Sorry about the typos, I am writing here and flipping back to an Eclipse window.

  • http://blog.rarepleasures.com Anthony Green

    And just as clearly you don’t know anything. Keywords in URLs does help a ‘little bit’ as this well known article with Google’s Matt Cutts states http://searchengineland.com/googles-matt-cutts-on-keywords-in-the-url-16976. However the search algorithm used Google is overwhelmingly based ‘authoritativeness by citation or peer review’: inbound and outbound links, canonical urls etc. Google was no major issues with opaque url identifiers and the BBC for example use them in two of their front like products: /programmes and /music.

  • http://blog.rarepleasures.com Anthony Green

    And spellchecking would have improved my own ‘authoritativeness’: was/has like/line.

  • http://blog.rarepleasures.com Anthony Green

    and note my response (also above)

  • http://www.nibrasbawa.net Nibras Bawa

    Missed you yesterday ! Not sure if this is due to time differences between Singapore and the US..But just when is your day? Sunday nah? :)

    Please stick to your sunday schedule paul carr. :)

  • Monster

    Exactly what is it about this post that is NSFW?

  • cheena

    You gotta love the part “In the final analysis, really, we’re all whores.”

    All of a sudden I thought of the many popular journalist//publishers who got paid for every article they do then that equal sign = whore.. lol

    Today, the only the time, the original content/source of an online content gets significant, is when the writer decides to sue every people who didn’t give credit to the source. Else, your original content is as only good as that 100th or the thousandth rehashed article.

  • sammy

    does your work place encourage talking about whores?
    thought not.

  • note

    and note that there are search engines other than google. :D

  • http://lhaywoodcoffey.com/ L.

    You paid for some woman’s groceries at WHOLE FOODS? Face it man, you got screwed good. You deserved it too, for being a moron who would pay that kind of price for crappy food in Yuppie Town (Whole Foods). Want to make a few bucks for being a prostitute? I’ll pay you 20 bucks to never use the word “memoirist” again, you pseudo intellectual dick brain. I want the ten seconds of my life I spent reading this dribble back.

  • Pete Austin

    Is that hooker-slang for “where the sun don’t shine”?

  • http://www.cancercare.eu.tv/nsfw-%e2%80%98tis-pity-we-called-her-a-whore-%e2%80%93-and-other-ineffectual-digital-apologies/ NSFW: ‘Tis Pity We Called Her A Whore – And Other Ineffectual Digital Apologies | Cancer Care

    [...] more on TechCrunch Posted in Cancer Tags: Apologies, called, Digital, Ineffectual, NSFW, Pity, Whore, ‘Tis [...]

  • Simon

    Ha ha, you’re funny, Paul was being, ya know, sarcastic, the point clearly made when he referred to Zoe as his ‘friend’.

    And as a point of order, this is dribble

    http://bit.ly/Tfqov

    and this is drivel

    http://bit.ly/a9VNBS

  • http://www.facebook.com/profile.php?id=754567533 Pat Phelan

    hehehe

  • Rachel

    “In the old days, editors understood how their papers worked. If a libellous story was printed, they would stop the presses (if it wasn’t already too late) and they would issue an apology the next day.”

    I can’t speak on how the newspaper industry has historically behaved overseas, but this is by and large not accurate in the context of the American press. Our “good old days” are actually much more recent than one would imagine. From yellow journalism to muckraking to propaganda masquerading as serious journalism, we don’t really have a press to be that proud of until the 50s and 60s, from what I know.

  • http://librarianchat.com/forum/ librarianchat

    They should definitely be sued.

  • http://joeclark.org/weblogs/ Joe Clark

    ’Tis a pity Techcrunch can’t type an apostrophe before “tis.”

  • http://www.cdnpal.com Christopher

    The sun always shines in our code base. I’m just wrapping up the final touches on our first big product!

  • James

    “Real whores spread herpes and aids”

    Nope, people who have unprotected sex outside of a monogamous relationship do that. You know any whores who don’t insist on a condom?

  • James

    I forgot to add – check punternet.com (Most certainly NSFW) to see the real life attitudes to unprotected sex.

  • http://www.facebook.com/profile.php?id=503979687 Harry Lin

    whoa a minute there. What’s so wrong with masturbation and Battlestar Galactica?

  • http://hauntingthuder.demon.co.uk maurice

    no just redirect the offending page using a 301 to the corected one and use gogle tools to remove the url

  • http://www.paulcarr.com Paul Carr

    Um. The apostrophe is there.

    Also – it’s “‘Tis pity”… not “‘Tis a pity”.

    Quite a lot of fail there in a ten word comment. Nice work.

  • http://www.facebook.com/profile.php?id=569970350 Tom Foremski

    I have a solution, it’s called “Right to Respond” works for corrections, alternate viewpoints and its a great revenue generator for publishers…

    http://bit.ly/cF6VOy

  • http://pootling.wordpress.com/2010/03/17/links-for-2010-03-17/ links for 2010-03-17 « pootling

    [...] ‘Tis Pity We Called Her A Whore – And Other Ineffectual Digital Apologies Paul Carr on the new potential for libel that the internet provides. He points out that online "the simple fact is that many editors have absolutely no idea how their papers work any more." (tags: zoemargolis paulcarr techcrunch nsfw blog post libel facebook dailymail independent independentonsunday) [...]

  • http://susmeta.wordpress.com/2010/03/16/libellous-thoughts/ Libellous thoughts « SuSMETA

    [...] by Vivek Hurry on March 16, 2010 I read an interesting article today in TechCrunch on how a newspaper published a libellous headline, which was promptly [...]

  • http://joeclark.org/weblogs/ Joe Clark

    No, Paul, what’s “there” is an opening single quotation mark. I gather you can’t tell them apart. (Hint: There isn’t an opening single quotation mark anywhere in this comment.)

    Bringing No Copy-Editing to the Table, Paul?

  • Tug

    Good article.

    With the Daily Mail/Facebook part, I see it as another attempt to undermine Facebook after it has overtaken MySpace (MySpace & Daily Mail both being owned by News Corp/Rupert Murdoch)

    Funny how the update reads “In fact he had used a different social networking site for this exercise” why did they not name the real site used? Was it MySpace perhaps?

  • http://www.paulcarr.com Paul Carr

    You’re seriously complaining because WordPress doesn’t correctly render single quotes as apostrophes?

    And yet not only do you misquote your smart alec “tis a pity” [sic] response but you then try to make a lame joke about “Bringing Nothing To The Table”. My book is called “Bringing Nothing To The Party”.

    This is why experts recommend you don’t try to correct your betters. Now, run along.

  • Ilan Ben Menachem

    like this article

  • Scott E

    SXSW must *really* be keeping people busy if there hasn’t been one of those petty “your comment is wrong because ‘x’ isn’t ‘x’, it’s really ‘y’, dummy!” replies yet.

    So *I* will be that petty commenter!

    SXSW and NSFW are actually abbreviations, not acronyms. True acronyms are abbreviations that are commonly pronounced as a word, i.e. SCSI=scuzzy. Unless you pronounce SXSW as “sexswie” and NSFW as “nazfew”. And actually, I’m just the kind of person that likes to pronounce the unpronouncable with nonsensical “words”, so I think I’ll start referring to them as “sexwie” and “nazfew” from now on!

  • Scott E

    I doubt that “Monster” will ever be back to read this comment (especially since I’m days late in writing it), but in addition to what “sammy” said, the reason this article’s title starts with “NSFW:” is simple.

    PAUL CARR WRITES A WEEKLY COLUMN ON TECHCRUNCH CALLED “NSFW”! This means that there will be a new article on TechCrunch called NSFW *every* *single* *week*.

    I realize that I may be falling into a trap laid by someone who already knows what I stated above. But just in case another person comes along, reads the article, and thinks “How is this NSFW?”, I’m hoping to cut the thought off at the knees.

  • Scott E

    +1

    And not only is “L’s” web site a hackneyed mess, but what he/she tries to call “art” is too. I’m not saying I could do any better, but I wouldn’t go around trying to sell my two-year-old’s finger painting as “art” either.

  • Scott E

    It that a request or a demand? Either way I can’t find the “like” button/link…

    But I still like it nontheless! 8-D

  • http://www.facebook.com/profile.php?id=727182253 Danvers Baillieu

    Actually Paul, Google’s position was set out more clearly in the UK by the recent Train2Game case, in which that company sued Google for defamatory material appearing in search results. In summary the judge said that Google was not a publisher of the statement as it was just the operation of a search algorithm which generated the result and there was no human intervention.

    http://www.bailii.org/ew/cases/EWHC/QB/2009/1765.html

    or summary here:

    http://www.theregister.co.uk/2009/07/17/google_mis_libel_case/

    btw, great panel on Saturday.

  • Rich Author Claims Oxymoron Rampage.

    Woah there! The Daily Wail may, indeed, look rather like a Murdoch rag – but truth be told, it is a mere wannabee Murdoch rag. It is actually owned by the Daily Mail and General Trust plc – which, in turn, owns Associated Newspapers Ltd. Not a Rupert among them. Yet.

    Now, where is the panic button gone…

  • Eric’s manager

    You’re fired.

  • Dee

    Paul, tell me why are Copy Editors/ Editors such dipsticks with carrots up their nostrils? Every editor I ever met was a dick/dickette who deserved to be bitch slapped and sent packing. unoriginal wankers become editors because they cant write anything worth reading. Someone probably wanted to run this cluster f…. by them before it went to press, but they just barked, publish! The only thing as undiscerning as an editor is a pimp.
    oh, pls excuse any typos I don’t have an editor to run it by ….. I am the party ….

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