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Liz Smith | 07/15/2008 1:20 pm

Can the SEC Stop Rumors and Gossip?

Liz Smith

Back in World War II there was a famous slogan: “Loose Lips Sink Ships!” People were being warned that talking about ports, the names of ships, the times of sailings put the lives of American military men at risk. It was, in fact, considered treason.

This week the SEC announced that they would begin to prosecute people who gossiped, rumored and talked about financial business, thereby putting big firms at risk, driving down their stock (or “up”) and causing disasters like Bear Stearns to happen.

This was an incredible admission by the SEC that our big investment banks and businesses can be brought down by mere talk. Runs on banks are nothing new and they are usually caused by mass hysteria, rumor and gossip. (Remember the famous movie “It’s a Wonderful Life” with Jimmy Stewart single-handedly stopping the bank run?) 

People like to repeat what they know, what they heard ... Gossip around the water cooler is epidemic.

But these days gossip, rumor and even real news travel as fast as they happen, thanks to the Internet and cable news. Once upon a time, people in New England built their houses right down beside the road. This way, someone passing on horseback could tell them what was going on elsewhere. “Hey, didja hear? They shot Lincoln, two months ago in Washington!” But now news is instant and false news travels as fast as anything else and it can’t really be called back. Denial never gets the attention that the first gasp of talk offers.

Some people say the SEC has no right to try to silence gossip and rumor about the market. “Talk is the oxygen of Wall Street,” say they. “The SEC is trampling on free speech.” But the SEC is warning people; they are saying, “If you talk out of school and if you spread rumor, gossip and falsehoods, we are coming after you. We are going to get you!”

Personally, I think it will be very hard for the SEC to stop talk. People like to repeat what they know, what they heard, what everybody is talking about and they like spreading cautionary tales. Gossip around the water cooler is epidemic. Now, if you do this in e-mails and on your BlackBerrys, the SEC might actually have a leg on which to prosecute you.

The entire business of high finance, however, is a psychological game. It is a gamble. Markets go up and down. People become millionaires and others lose everything. The SEC’s move shows us that there is truly underlying trouble like we’ve never had before. In fact, I believe their warning shot across the bow of gossip, rumor and speculation is unprecedented in American history.

Once upon a time, newspapers put boys out on the street with papers bearing fresh headlines when there was news, and they yelled, “Extra! Extra! Read all about it.” Then there was radio.  That was considered a miracle. After 1945 there was television. Now there is the Internet. News is instant and bad news, gossip and rumor about failing banks and failing institutions is multiplied by talk. 

Gossip, of course, is a natural impulse. It always has been and it always will be. It’s my business and it can be useful and illuminating. But today, the SEC believes that, when we talk loosely about financial business and institutions, we are like people leaving a can of gasoline near the fire. 

Click here on this text to read my nationally syndicated daily column.

7 Reader Comments (so far…) Sign In or Register to comment

Linda Clark
Liz ………..I wholeheartedly agree!
By Linda Clark on 07/15/2008 12:25 pm
Marjorie C.
An interesting and informative article — something I never gave a thought to. Speculation based on inside information, à la Martha Stewart has been around a long time. I wish the SEC well — seems to be a step in the right direction.
By Marjorie C. on 07/15/2008 12:34 pm
kermie b
Confidentiality in a large company is very serious and is not taken lightly, not considered “gossip” (as it is referred to in the article), but when breached, as an actionable felony, with consequences. As Marjorie C. said, “Speculation based on inside information, à la Martha Stewart has been around a long time.” A very long time.
By kermie b on 07/15/2008 2:29 pm
doll lady
Well………….the SEC has for years had very strict requirements about what can and cannot be said about stocks, bonds, mutual funds or anything related to securities/exchange and other pertinent financial information. I used to hold a securities license as an insurance executive licensed to sell annuities and mutual funds. Even now, I would not repeat ANY information regulated by the SEC. I know someone who landed up in prison for a long time. Scared the beejeebies out of me. They mean business!
By doll lady on 07/15/2008 2:31 pm
Bonnie Oliver
Doesn’t it have to with “intent”? If a person is spreading rumors with the intent to drive a stock lower, and if that person were an insider, an analyst or someone of merit who would be listened to, then I think the SEC could make a case. Otherwise, it is as Liz said, just gossip around the water cooler and no one can be found actionable for gossip, correct? Anyone read James Clavell’s novel Noble House. Great intrigue of an investor deliberately starting rumors about a bank - with the intention of driving the bank to ‘close its doors’. Of course, this was set in Hong Kong and no SEC available to police the exchange.
By Bonnie Oliver on 07/15/2008 4:42 pm
Howmeister Kaiser
Buy on the rumor, sell on the news. buy long and sell short
By Howmeister Kaiser on 07/15/2008 8:51 pm
Kryssi K
Now if only the FCC would do something similar regarding gossip and rumors about celebrities. Sorry, I don’t consider lies as part of “free speech” - I guess I’m a nazi like that.
By Kryssi K on 07/15/2008 10:24 pm