• by Tom Siebert , January 9, 2007

The Walt Disney Co.'s failure to suppress access to controversial audio files from its ABC Radio affiliate KSFO is a textbook example of the impossibility of controlling the marketplace of ideas in the digital age.

Like a swarm of tiny locusts overwhelming a massive mouse, it was fascinating to watch the blogosphere unite in defense of the online media critic Spocko last weekend. Disney had sent a cease-and-desist letter to the Web site Spocko's Brain and its ISP, 1&1, after the online muckraker taped segments of KSFO's morning talk show, posted them on his site, and invited the station's advertisers to listen.

What they heard was drive-time hosts endorse torture, insult Muslims and enact the execution of journalists. When some advertisers fled, the Disney legal department briefly killed the messenger with a cease-and-desist order, alleging copyright violation.

But less than 48 hours after Spocko's case was brought to light on the progressive news blog "The Daily Kos," several new Web hosts, including YouTube, Blogintegrity and Firedoglake, stepped up to provide access to audio files from KSFO. Instead of one ISP to threaten, there were now many--basically challenging MouseCorp to sue all of them.

The latest old/new media scuffle showed a traditional media conglomerate employing a quick-hit tactic to bully new media into submission. But once the obvious central issue became known to the blogosphere--that Disney was trying to hide behind the copyright infringement argument rather than confront the hate-mongering--the online community rallied to Spocko's defense.

Disney is now left with the option of playing a virtual game of "Whack A Mole," as the Rodent Empire's lawyers will need to slap citations against a series of sites as swiftly as they pop up. Plus, it may only be a matter of time before the mainstream media rides the story for at least one new cycle. That's got to be Disney's worst nightmare: 24 hours where "Disney" and "Hate Speech" are both part of the topic line.

The KSFO PR debacle is the latest black eye for Disney, and another straw on the camel's back as the company nears the tipping point: being branded in the public's mind as a tool of the right wing, just as that political brand is falling out of fashion.

During the Bush administration, Disney has repeatedly shown a willingness to put right-wing allegiance over profit. It disassociated itself from Michael Moore's extremely profitable agitprop documentary "Fahrenheit 9/11." More recently, it aired the controversial "Path to 9/11" docudrama miniseries on ABC television without commercial support when advertisers balked. The program contradicted the U.S. government's bipartisan "9/11 Report" in order to fictionally cast actions of the Clinton Administration in a poor light.

Moreover, by allowing stations like KSFO to be part of its empire, Disney undermines its precious brand identity as the pre-eminent family-friendly brand. The company is doing what it can to muddy the identity waters by merging ABC Radio with Citadel Broadcasting. But when that deal gets done by mid-year, Disney will still own approximately 52% of Citadel Communications.