Phil's Blogservations
Wednesday, November 27, 2002
Posted by philgomes 2:54 PM
The Road To Journalistic Hell Paved With Good Intentions:
Regulators now want to exercise counter-constitutional prior restraint on journalists, crashing into their interviews with financial analysts.
As covered by The Los Angeles Times (with my own emphases added):Last week, the New York Exchange and the National Assn. of Securities Dealers, which operates Nasdaq, sent to the SEC a proposed regulation governing stock analysts' conversations with print journalists. In interviews, analysts would be required to disclose any potential conflict of interest posed by their own stock ownership. If a newspaper or magazine fails to print that information along with any comments attributed to the analyst, the analyst would be forbidden to speak again to the offending publication. Failure to abide by the regulation could result in fines or suspension of the analyst. The New York Times is also carrying the story.
This creates a chilling effect on financial reporting. Though analysts like Blodgett and Meeker have been famously excoriated for their two-faced conflicts—recommending stocks their companies underwrote, but knew were total crap—the analyst community is an important part of the financial reporting picture. If this passes, very few analysts will want to talk to a journalist. Reporters will refuse to talk to analysts because doing so blunts freedoms that the media enjoys.
I'm all for more transparency in the analyst community, but this goes too far. Way too far. Instead, I support NASD's compromise: That the law apply to analyst-authored columns and byline articles.
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