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Margaret Heffernan

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Rebekah Brooks: The Queen of Willful Blindness

Posted: 06/07/11 12:24 BST

After every institutional debacle, the arguments are the same: it was just a few bad apples. Nobody at the top is to blame. Rogue employees just went off piste.

That argument was wrong in Abu Ghraib, in Enron, WorldCom, Countrywide, HBOS and it's wrong today at News International. The phone hacking scandal isn't the unfortunate byproduct of a few naughty freelancers. It is a the result (as Tessa Jowell has said) of systemic, cultural corruption which it behoved everyone to ignore. It is a classic case of wilful blindness.

When big organisations fail morally, the path is always the same:

1. Huge pressure to deliver results. In the newspaper industry, this has been intense as print media has undergone global decline. So everyone knows they have to go further, push the envelope a little wider, just to maintain sales.
2. No one explicitly orders illegal activity. Instead, those who have pushed the envelope are rewarded. No questions are asked about their achievements. What may have begun as a minor infraction becomes bigger and bolder - and no one ever intervenes. Taking tiny steps in the wrong direction, everyone soon loses their sense of where the boundaries lie. Everyone in the workforce absorbs this message and imitates in order to succeed.
3. Because everyone is doing it, no one feels any longer that they are doing anything wrong.
4. Although most of the workforce is fully aware of how bad things are, few have the courage to speak up. Some have lost track of where right and wrong begin and finish. Others just conform and don't want to be the bearers of bad news. Psychologists call this bystander behaviour and its rule is simple: the more people observe something bad, the less likely it is that anyone will intervene.
5. Senior management insists it had no idea what was going on and everyone thinks they're lying because knowledge is so widely diffused.

Ignorance, though, is no excuse. Under the law, the doctrine of wilful blindness says that if there is information you could have known and should have known, but somehow failed to know, then you are still deemed responsible. It was cited by Judge Simeon Lake in the trial of Enron executives Jeffrey Skilling and Kenneth Lay. They could have known and should have known what was going on in their company; that they didn't was their fault. The law of willful blindness should send shivers down the spines of News International's executives - if they have any spines left.

The concept fits Rebekah Brooks like a glove. After all, if you don't ask how your reporters manage to gain information no one else has, then you are choosing to remain blind.

It's exactly the same as the case of Enron's illegal manipulation of energy prices in California: no one cared how the traders were making such gigantic profits, only that they delivered. This is also how the gross mis-selling of PPI occurred and the selling of sub-prime mortgages to totally inappropriate buyers. Everyone knows; no one intervenes. The monetization of morality makes that okay: if the profits are big enough, no one will ask how they were achieved.

Rebekah Brooks has to go - but the blindness goes well beyond her. She delivered great numbers to News International; they didn't ask how either. Apparently no one asked why the police received money from Murdoch's company - a dodgy arrangement if ever there was one. Nor has anyone (until now) asked why the Press Complaints Commission acted like the proverbial sleeping dog. And of course both governments, heavily dependent on the support of Murdoch's newspapers, have not dared to question the way the company operates.

What's especially demoralizing is to see both David Cameron and Ed Milliband so mealy-mouthed in their condemnations. Theirs is wilful blindness on an epic scale, a grand collusion of ignorance from which everyone emerges with disgrace.

 
 
 
 
 
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11:40 AM on 07/10/2011
Although wilful blindness is obviously at play, I think it might be very easy to fall into a dualistic approach here, where there is a clear good and a clear bad- thereby encouraging the kind of witch hunt which leads to simple condemnation and sensationalism. The shift needs to happen on an individual level, where people are no longer in the "car crash mentality" and move towards compassion and concern for each other instead, then the demand for this kind of "news" would be diminished.
03:58 PM on 07/08/2011
Very good and poignant article Margaret. This wilful blindness is rapidly becoming a disease of epidemic proportions in the UK and thank you so much for including HBOS in your examples of how wrong this is. As you may know, events at HBOS are now the subject of a major investigation by Thames Valley Police and also a Section 168 Investigation by the FSA. But getting anyone to take notice, investigate or react at all, has been like pulling teeth because too many high profile people are complicit in this fraud which has all the hall marks of the phone tapping scandal. The list of people who've been sent substantial evidence of the huge fraud HBOS perpetrated against many of its business customers, reads like a who's who and includes both the previous and present Prime Minister. But despite polite replies, from many quarters, the truth about HBOS remains largely a secret in order to protect the great and the good and in the name of 'market confidence.' And, at a time where people are calling into question the actions of the media, I would like to point out that but for good (ethical) investigative journalism, the HBOS scandal would very likely have been completely buried. So I hope News International is not allowed to tarnish the positive aspects of media or restrict freedom of the press to stem the wilful blindness - sometimes it seems the press is the only route to exposing corruption.
12:10 PM on 07/08/2011
Brilliant piece, Margaret. Wilful Blindness is the flaw of our age. The Advent injunction to "Stay awake" never felt more appropriate. But how do leaders and employees stay awake when they're flogged to within an inch of their lives? We have big questions to face....
08:15 AM on 07/08/2011
Thanks for an insightful article.
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07:43 AM on 07/08/2011
In fairness, Milliband should at least be given a little more credit for being less mealy-mouthed than Cameron here, as he did call for an inquiry and the resignation of Rebekah Brooks.
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Margaret Heffernan
CEO and Author
09:20 AM on 07/08/2011
He has improved in the last 24 hours but got off to a slow start. What's so interesting is the political leaders learning - cautiously - how bold they can be when they stick together.
04:56 AM on 07/08/2011
This piece should be chiseled in marble and placed on the walls of every media house in the land.
10:26 PM on 07/07/2011
This is so true and accurate as a picture of modern media organisations. Certain music publishing companies (I can testify 19 Management and BMG) operate in much the same way as regards 'songwriting' - in other words, unrealistic production targets, rewards to 'high achievers' and turning a blind eye to methods. Of course the moguls running these firms know exactly where this leads - to a song catalogue that is at best mere collages of plagiarised material. The moguls know because, from time to time (as with S Club 7's 'Dont Stop Movin) they pay out to prevent the thing coming to court. As with Murdoch's empire, this isn't a case of a few rotten apples. the rot comes from the barrel.
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Margaret Heffernan
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09:19 AM on 07/08/2011
The music industry demonstrates wilful blindness on so many levels, it's hard to know where to begin! But I didn't know about the song writing side of things. But these behaviours are never just about rogue employees. They're well understood and public - and tolerated.
11:46 AM on 07/08/2011
I would add that the pressures on companies to behave this way are increased when an industry runs into financial trouble (as with both the print media and music publishing today). The music majors found themselves squeezed between online pirates on the one hand and manufactured music companies like 19 Management (who were in their own way pirates, operating wilful blindness towards plagiarism by their employees), and had to join in or close. At one point, after resolution of his case, my brother (who was the author of the song stolen to make 'Don't Stop Movin') was in contact with BMG's A&R department. Their senior A&R man told him that that very day he and the whole department were having to re-apply for their jobs, since the company was effectively stopping buying songs, and instead employing in-house songwriters. he added that this was exactly what 19 Management had been doing for years and that they (the BMG A&R team) knew exactly where their 'songwriters' had obtained all their hit songs for the past decade.

I could add more from the time of my brother's case - likely phone-tapping, buying-off of witnesses etc. A culture of wilful blindness is never simply that. it involves a willingness from the top to cover up - and to engage in corruption and intimidation - in order that the culture can continue.
08:39 PM on 07/07/2011
Perhaps its just a case of "if you make me resign then will take you a with me, so get working on your offer Mr Murdoch!
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Margaret Heffernan
CEO and Author
09:39 PM on 07/07/2011
You do have to wonder why Murdoch is going to such absurd lengths to protect Brooks.
02:32 PM on 07/09/2011
Strange, isn't it. She isn't known to be charming or particularly bright - it's almost as if she had some kind of power over him.

What could it possibly be?
03:35 PM on 07/09/2011
Murdoch is of the type who need to know their legacy will live on after they die. He has a huge ego and it is unsatisfiable. He is now in his last years and he knows it. He has tried to put in place the next generation structure to keep his life's work at the top. He probably is going through denial and realization that his son can't do it and his heir apparent is in trouble. It's all about ego and legacy. To dump Brooks now would be to admit failure and require him to re-engage fast to get things set for his legacy to survive him. He is suffering the same fate of all Kings and empires.
08:37 PM on 07/07/2011
A very insightful piece. Whatever happened to "zero tolerance"? Oh yes, too difficult, time consuming and costly. So where do you start?
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Margaret Heffernan
CEO and Author
08:33 PM on 07/07/2011
Murdoch's recent move - shuttering NoTW - is such a gesture. He clearly hopes that what is facile will be interpreted as meaningful. Readers should boycott all his papers and even (imagine!) his TV stations. At last my children understand why we don't get SKY.
06:15 PM on 07/07/2011
This article is absolutely bang on. Exactly the same culture was created at HBOS plc prior to its spectacular demise in 2008. The intention was to defray staff salaries out of commissions earned, and this led managers to condone and encourage mis-selling provided it generated a profit. One spectacular form of this was churning endowments, which cost customers thousands and went unpunished and, largely, unnoticed. Financial Ombudsman Redress ignored the true losses in many cases as its "one size fits all remedy" was applied to all cases.