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World files suit over circulation claims
A weekly newspaper had alleged that the Tulsa World misled advertisers.
By RANDY KREHBIEL World Staff Writer
Published:
1/16/2009 2:23 AM
Last Modified: 1/16/2009 11:15 AM
Documents:
View a PDF of the lawsuit filed by World Publishing Company.
The Tulsa World sued Urban Tulsa Weekly and columnist Michael Bates for libel on Thursday, citing what it says was Bates' false claim that the World had misled advertisers about the newspaper's circulation.
"When a firm purportedly in the news business makes a claim that we have misled our advertisers, they call into question our integrity, and we cannot and will not let that stand," World Publisher Robert E. Lorton III said.
Specifically, the World objects to Bates' claim in the Jan. 15 Urban Tulsa Weekly that the World concealed circulation declines from 1997 to 2007. Bates specifically alleges that a 2006 report by the Audit Bureau of Circulation "suggests the World was inflating its circulation by as much as 20 percent."
The World said the ABC audit showed drops of 6 percent in daily circulation and 5 percent in Sunday circulation for the period in question.
The lawsuit does not dispute that the newspaper's print editions have followed industry trends toward smaller circulation over the past decade, but it does dispute Bates' claim that the losses were concealed or might have been greater than reported.
It also contends that Bates and Urban Tulsa Weekly Publisher Keith Skrzypcak knowingly published the false information
in an attempt to "gain commercial advantage."
Lorton said he does not object to criticism of himself or the World but will not stand for impugning the organization's honesty.
"We believe every single representation of our circulation and readership has been accurate, and we retained auditors to confirm our circulation numbers for our advertisers," Lorton said.
Bates, Skrzypcak and Skrzypcak's company, Renegade Publishing, are named as defendants in the suit.
Bates and Skrzypcak would not comment.
Bates' claim stems from the World's decision in 2002 to discontinue Audit Bureau of Circulation audits (incorrectly reported in Urban Tulsa Weekly as occurring in 1997) and to retain the international accounting firm Grant Thornton LLP for the same purpose.
The firm is one of the largest accounting firms in the United States.
Lorton said the World discontinued ABC audits "mostly because we had lost faith in them as an auditing group."
A few years later, the Audit Bureau of Circulation was rocked by a scandal involving several metropolitan newspapers that were forced to admit that they had used questionable accounting methods to drive up the circulation figures reported by ABC.
The World resumed ABC audits in 2006.
Bates wrote in his column that a comparison of this audit to the Grant Thornton audits suggest that the World had been inflating its circulation.
Lorton said neither Bates nor Urban Tulsa Weekly called the World to confirm the figures in question.
"If we had been contacted prior to publication, we would certainly have set the record straight," Lorton said.
"Urban Tulsa's claim that our circulation dropped by 20 percent at the time of the first audit with ABC is completely untrue," he said. "In fact, the ABC audit confirmed the strong auditing practices of Grant Thornton, as we did not see any unusual variance in the numbers."
Randy Krehbiel 581-8365
randy.krehbiel@tulsaworld.com
By RANDY KREHBIEL World Staff Writer
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comments have been made on this story so far. Tell us what you think below!
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, please help us by clicking the "Report this Comment" link next to a comment. That will alert the web staff to review the comment. Thank you. --
Web Editor Jason Collington
Report Comment
Tell Sackett
, (1/16/2009 4:44:59 AM)
I wake up early and the first thing I do is turn on this machine. I like to scan the latest news section and read what others have posted. It looks as if I'm the first this morning. Anyway, I believe that if it weren't for the three "p"s, the hardcopy of this paper would soon be a thing of the past. Puppies, paarakeets, and puzzles. I have neither of the first two, but still buy a paper every morning to work on the puzzle page much to my bosses displeasure.
Report Comment
Seppo
, Adelaide, Australia (1/16/2009 5:18:54 AM)
You have to be kidding. The Tulsa World is going to sue over something like this. Are you attempting to create your own news stories???
Report Comment
What in the World!
, Tulsa, OK (1/16/2009 5:27:22 AM)
Mr. Lorton, hold them accountable! The Tulsa World is a stellar paper!
Report Comment
LesGuvment
, Sand Springs (1/16/2009 5:35:47 AM)
I still miss the Tulsa Tribune. Never read the Tulsa World until the Tribune folded.
I am a World subscriber. Pay annually and will continue to subscribe to the World because it`s the only newspaper delivered to the home in rural Osage county.
Let the games begin.
Report Comment
Fromtheright
, Tulsa (1/16/2009 5:47:44 AM)
I want to know how many times Lorton's corporate jet has been used to fly his family on "business" trips to the Caribbean?
Report Comment
Scott Pendleton
, (1/16/2009 6:12:57 AM)
Libel consists of three elements: defamation, publication, and identification. Unless the Urban Tulsa story identified an individual and charged him with specific responsibility for inflating the figures, then libel could not have taken place.
Report Comment
Isaac Parker
, Tulsa (1/16/2009 7:05:24 AM)
Over the past years, the TW has turned into just another left-leaning media rag. The TW has no one to blame but the publisher and editorial staff for it's eventual demise plus the fact that in this day and age, more newspaper readers are going to the net for their news (and advertising). It's pretty sad when newspapers can't seem to just "report the news" WITHOUT an agenda. All I ask from any news source is objective reporting. I don't want a "slant" from right or left. Save your bias for the editorial pages...not the news pages. The "mothership" of liberal news, The New York Times, is dying a slow death mainly because it's lost conservative readership and many subscribers are going to internet sources for their news. The NYT is basically preaching to the choir of leftist readers. TW take note. It's happening everywhere.
Report Comment
tbgalileo
, Tulsa (1/16/2009 7:07:32 AM)
SP wouldn't the identification part involve the business of the TW? I'm not a lawyer but it seems that the World wouldn't file unless they had a legitimate case to make.
But, I don't think the World has too much to worry about. They have been falsely accused of something, yes... but by a tabloid paper who seems to focus ad space on topless bars and drug defense lawyers. I've never seen the UTW as a credible news source... much more of an "entertainment" paper. If I read something that appeared to be actual-news related in the UTW, I'd probably take it with a grain of salt.
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jett rink
, (1/16/2009 7:12:31 AM)
The Urban Tulsa Weekly would have next to zero circulation if its 'publisher' didn't give it away for free. It will be a sad day when amateurs like Bates and Skrzypcak are all who remain to report the news.
Only in Tulsa Oklahoma could the 'alternative' newspaper be right-wing...
Report Comment
tbgalileo
, Tulsa (1/16/2009 7:14:00 AM)
Issac Parker, I think you're right on the fact that more people are going online to read the paper, but I don't think the very modest decline in the World's circulation (which appears to be on par with all print newspapers)is a result of their left slant. ALL NEWS MEDIA OUTLETS have a slant. If you want one without a slant, you can watch the commentary-less CSPAN coverage of senate sub-committees all day long. You'll need some strong coffee for that, though.
I did hear, though, that there is a news network out there that is "Fair and Balanced" that you could watch...... (good grief... I couldn't even type that without laughing out loud).
Report Comment
jett rink
, (1/16/2009 7:26:00 AM)
"Over the past years, the TW has turned into just another left-leaning media rag."
Really? I guess that explains why the TW habitually promotes for public office famous "left" leaners like George W Bush, John McCain and Jim Inhofe.
Report Comment
JohnC
, (1/16/2009 7:27:20 AM)
"It also contends that Bates and Urban Tulsa Weekly Publisher Keith Skrzypcak knowingly published the false information in an attempt to "gain commercial advantage." "
Good luck proving that in court.
Report Comment
concernedpapa
, Kiefer (1/16/2009 7:29:40 AM)
Fromtheright
What business is it of ours if it makes the flight daily?
Good job Tulsa World keep reporting it. I subscribe yearly also and will continue to do so.
Report Comment
Headhunter66
, Laguna Hills (1/16/2009 7:32:14 AM)
Parker, Ditto on your comments. At least you still have a mind.
Report Comment
irwindale
, Tulsa (1/16/2009 7:50:35 AM)
Urban Tulsa must be getting close to the nerve. I have found the Tulsa World to be off the mark on several issues over the years. Remember the attacks on our councilors a few years back. The gang of five! They lost our support and subscription years ago.
Where can we send a check to help cover the expenses of Urban Tulsa.
Report Comment
Frites and Mayo
, Tulsa (1/16/2009 7:57:27 AM)
Sounds like a silly lawsuit to me.
Report Comment
LADY BLUEBIRD
, Whiting (1/16/2009 7:58:35 AM)
Whoa!!!
Taking off the gloves aren't we now!! I saw Braveheart... Never mess with those Scots. Jab, Jab.. POW!!!
WHAM! They just don't go DOWN!
Report Comment
OKVideoGuy
, Eufaula/Longtown (1/16/2009 8:06:53 AM)
[Libel consists of three elements: defamation, publication, and identification. Unless the Urban Tulsa story identified an individual and charged him with specific responsibility for inflating the figures, then libel could not have taken place.]-
Scott Pendleton
Scott, I do believe you are incorrect. Tulsa World is a corporation, which is an "artificial person". By naming Tulsa World, they have in fact identified and thus have fulfilled the requirements of libel.
Report Comment
imahick
, tulsa (1/16/2009 8:07:27 AM)
what bates said is it was down "by as much as 20 %"....
the tulsa world admits it was down 6% daily and 5% on the weekend...
in my book, that falls into the "as much as 20%" category....
the liberal media king TW is attempting to create their own stories now...
gotta love that crapola!
one of the reasons i quit subscribing years ago!
Report Comment
CS_GUY
, (1/16/2009 8:14:23 AM)
Having read the "UT" article I find it almost comical amid all the truths about favortism, alliances with certain "types" of people, and slanted, bias, articles published by the "TW", their "Leader" has a hissy fit over debatable statistics and his "integrity".
The real reason Mr. Lorton is so upset is he hasn't read the truth in a long time.
Report Comment
irwindale
, Tulsa (1/16/2009 8:17:09 AM)
It goes like this...TW says we are not ugly! UTW says we think you are fat. TW says we will call our dad. UTW says we still think you are fat. TW says we are calling our uncle too...and on and on and on.
TW quit throwing your trash on our lawn we cancelled years ago. No samples! Get it!
Report Comment
zzx375
, BA (1/16/2009 8:29:31 AM)
Too bad the Tribune had to shut down.
And Garrison Keilor needs to return to the days of Lake Wobegon and give up the column carried in the Sunday print edition.
Report Comment
bm
, Tulsa (1/16/2009 8:30:44 AM)
Dear Tulsa Whirrrrld,
I stopped subscribing to your paper years ago.
Your attempt to silence UTW and Michael Bates is a typical tactic employed by people with money. If you can't silence them with facts, silence them with lawsuits.
My family, friends, and I will NEVER spend another penny on ANYTHING related to the Whirrld.
Good luck on your silly libel suit. You will lose.
Report Comment
@HomeInTulsa
, (1/16/2009 8:33:47 AM)
it the UTW had coupons and ads the TW would be soon be out of business.
Report Comment
Joshua77
, Tulsa (1/16/2009 8:33:56 AM)
There's another "newspaper" in Tulsa? Wow that's amazing! Where do I find it? Cuz you know if it was that large of a newspaper then everybody would have heard of it. Yep TW that little article of theirs must have really hurt your readership. Most people in the area didn't even know about the so called article. Or you people have more time on your hands than I thought. Can I get a job with you guys so I can sit around all day looking for people to sue instead of looking for news stories? You can get rid of the ten or so that you're wasting your money on now and I'll do their job for half of their combined salary. Does that seem like a fair deal? Because if you needed cash that bad I would've done this a long time ago. Come on TW, get a life!!!
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