1 PUBLIC RELATIONS LAWS & ETHICS

2 Today’s Learning Objectives1. Be able to define ethics. 2. Understand why good ethics are vital to the practitioner’s job. 3. Know the five realms of ethical practice. 4. Understand the legal and public relations point of views and how they work together. 5. Know the legal obligations of public relations practitioners and the regulations that affect them. 6. Understand First Amendment implications for public relations.

3 Are Public Relations Practitioners Unethical?Have you ever questioned the truthfulness of something said by a public relations practitioner (ex. a company spokesperson)? Public relations practitioners face this challenge—they must exemplify a higher standard of ethics than their publics. Without personal and public trust a practitioner will fail.

4 Ethics and Strategy Practitioners have learned to…Value ethics as part of a long-term strategy of building a good name or image. Fully integrate public relations into decision making functions to enhance good ethics.

5 I. What Is Ethics? Ethics = Commitment to High Standardsregardless of advantage Definition: ethics is what is morally right or wrong in social conduct, usually as determined by standards of professions, organizations, and individuals.

6 Ethics Is Based on One’s CharacterWord origin: comes from the Greek word ethos, referring to one’s character, the major force in right choices. A person is viewed as ethical if one behaves by high standards of conduct and rightness, regardless of circumstantial advantage or reward.

7 II. Setting the Ethical TonePractitioners are often the source of… ethical statements from the organization organizational policies on ethical conduct

8 Initiate Organizational EthicsAs a practitioner, you should give blanket endorsement to the ethical practices of the executive level. You should initiate blameless, ethical organizational behavior.

9 To Which Profession Do We Belong?Unless you are willing to resign an account or a job over a matter of principle, it is useless to call yourself a member of the world’s newest profession—for you are already a member of the world’s oldest. --Tommy Ross PR Practitioner

10 III. The Challenge of Ethical Practice in Five RealmsThere are five realms involving ethical practice: Ethics as standards of social conduct Individual ethics Business ethics Ethical dealings with news media Ethics and laws

11 Realm One: Ethics As Standards of Social ConductThe practitioner should understand several factors regulating standards of social conduct: Tradition: Ways in which the situation has been viewed or handled in the past (We’ve always done it this way). Public Opinion: Currently acceptable behavior according to the majority of one’s peers. Law: Behaviors that are permissible and those that are prohibited by legislation. Morality: Generally a spiritual or religious prohibition. Ethics: Standards set by the profession, an organization or oneself, based on conscience—what is right or fair to others as well as to self?

12 Realm Two: Individual EthicsPubic relations practitioners must have high personal standards of ethics. Without personal convictions, any professional code could easily become an object of relativism and manipulation. Practitioners Have Moral Obligations To ourselves—to preserve our own integrity To our clients—to honor our contracts and to use our professional expertise on our clients’ behalf To our organizations—to adhere to organizational goals and policies To our profession—to uphold the standards of the profession and, by extension, the reputation of our fellow practitioner To our society—to consider social needs and claims

13 Individual Ethical TipsHere are eight tips to guide you in developing your own ethical convictions and behavior. 1. Never accept a client or a job with an organization or person with questionable character or conduct. 2. Always be honest with everyone, especially the media. 3. Don’t handle competing clients. Don’t make unfair comments about competitors. 5. Keep the pubic interest in mind at all times. 6. Respect confidences. 7. Make sure all your financial activities are “above board.” 8. Use organizational codes—such as the PRSA, NIPR Code—as a starting place, but incorporate your own standards as well.

14 Realm Three: Business EthicsPersonal ethics can be in conflict with organizational ethics. Professional codes, corporate policy and law are no guarantees of actual ethical behavior. Actual behavior is always rooted in individual choices.

15 Need for Total Honesty Credibility comes with total honesty.Anything less will destroy your credibility and usefulness to your employer. News media depend on practitioners for much of the information they pass on (usually unverified) to their audiences. If you provide inaccurate information, they will not rely on you as a source.

16 Realm Four: Ethical Dealings With News MediaTrust only comes with habitual ethical performance. A practitioner’s effectiveness with the media can be destroyed by expensive shortcuts such as… Extravagant parties Expensive gifts Personal favors Some media people expect such shortcuts and special treatment… but learn to tactfully decline offering unethical perks.

17 Realm five: Ethics and LawFollowing the letter of the law is not the same as being ethical. However, public relations practitioners do need to be familiar with laws covering their particular clients.

18 Let’s Review Ethics: Ethics are standards of right social conduct, empowered by character not circumstances. The practitioner's ethical choices are viewed by the public as equal to the organization’s trustworthiness. One's ethical practice is affected by accepted standards of conduct, individual and business ethics, trust with mews media, and relative laws.

19 IV. Legal Topics Understand opposing views between public relations and legal counsel Understand the role of the First Amendment in public relations practice Assess the impact of regulatory agencies on public relations practice

20 Public Relations can be a legal landmine for the uninformed practitionerPublic relations doesn’t seem like a dangerous profession. The product of public relations—information—can be just as dangerous as many lethal weapons. Information used improperly or illegally can result in individuals going to jail and organizations going out of business.

21 PR Practitioners and LawyersHandling of information sets up the sometimes adversarial relationship between public relations practitioners and lawyers. Practitioners know the value of “plain talk” in the court of public opinion. Lawyers are experts in understanding the discreet use of information.

22 Knowing Your Legal Rights and ObligationsBecause public relations practitioners deal in information, they must understand their legal rights, as well as their legal obligations, if they are to help their organizations. Several of these legal obligations are discussed in other chapters on financial and community relations.

23 Goal Responsible Behavior The Practitioner’s Focus The Lawyer’s FocusAvoid Liability Pits

24 Two Rules of Thumb Do not lie to the press, even if full disclosure is not possible. Do not allow a legal perspective on issues to determine corporate policy or response on any given issue.

25 Some Legal Obligations for PractitionersDefamation Invasion of privacy Copyright and trademark laws

26 Areas of Free Speeches There are three areas of free speeches:Commercial free speech: Some court decisions have been favorable regarding commercial speech by allowing corporations to speak out on public issues and to use issues-oriented advertising. However, courts are also interested in maintaining truth-in-advertising. Individual free speech: The Constitution provides broad latitude for individual citizens to exercise freedom of expression, although this is a continuing controversy in areas such as art and religious expression. Some court rulings suggest that corporations have freedoms similar to those of individuals. However, corporations have a greater potential to harm other freedoms, which often makes corporate expression more susceptible to scrutiny.

27 Many Business Problems Are Resolved In Two Courts …The court of law where lawyers plead their cases, and where business problems may appear after months or years of legal delays The court of public opinion, where a business can be tried, found guilty and punished far more severely and quickly The requirements for winning vary considerably

28 Winners In The Court Of Law Tend To Be …Those who permit their attorneys to say “no comment” on camera and to the media Those who delay legal proceedings until … The other side runs out of time or money Witnesses have dispersed or passed away The average individual has forgotten about the problem or issue involved Those with the most money to hire the best lawyers The court of public opinion is another matter

29 Winners In The Court Of Public Opinion …Quickly and publicly accept responsibility for their actions Redress legitimate grievances regardless of pending litigation Deal with the media, the community and the aggrieved openly, honestly and immediately What’s the bottom line?

30 Those Winning the Legal Battle Often Lose The PR WarThose found guilty in the court of public opinion inevitably lose public confidence and… Customers Personnel Investors Other publics who don’t want to be associated with the company Lost reputations are almost never recovered…

31 Defamation Defamation – a communication that holds an individual up to contempt, hatred, ridicule or scorn Slander—oral defamation Libel—published defamation Defamation is the malicious and intentional expression of opinion, information or fact for the specific purpose of damaging another person’s reputation. Claims of truth are the best defense against defamation, but not a guarantee of exoneration.

32 Two Types of Libel Criminal libel: Civil libel:A “breach of peace” or other activity where the offender explicitly advocates illegal activities by others or adoption of attitudes that have severe negative consequences to another. Civil libel: A defamation that damages a reputation or inflicts emotional trauma that results in a loss of income or ability to function normally.

33 Risk To PR Practitioners Is Greatest In Civil LibelThe following criteria make a statement libelous: Publication of falsehood Damage to reputation, persons or income Identification of injured party Malice or Negligence in information handling Defamation of persons or organizations Defenses include: Truth: statements involved are truthful [and can be proven to be truthful] Privilege: content originates in a governmental agency, but is presented fairly Fair Comment: statements constitute ‘fair comment’ on a public issue and are supported by factual material

34 Invasion of Privacy Appropriation or the unauthorized commercial use of an entity’s picture, likeness, or name. Publication of private information—publishing true information not known by a great number of people. Requires prior consent. Intrusion or the surreptitious observation of an entity’s activities. False light—when true facts are embellished with falsehoods, or exaggerated or used out of context. Defenses include: Obtain written consent from potential sources of legal suit. Especially helpful in defense are signed release forms of legal responsibility.

35 Protected Intellectual PropertyIntellectual creations [original writings and works of creative art] generally are owned by their creators – individuals or organizations. They are subject to protection under copyright and trademark law. Copyright refers to the legal protection afforded to the author or of a formalized method of communication or artistic expression such as…books, movies, plays, music, dances, songs, sculptures, pictures and other tangible fixed formats Practitioners need to know the legal limits

36 You Can Use Copyrighted Material Under The Act’s Four ‘Fair Use’ Provisions If …Use is for non-commercial purposes Content is not taken out of context Credit is given to the source The commercial value of the work is not materially reduced You can use material if the percentage of the work used falls within specific limits [ words from a major book or article] Trademarks are another matter

37 What Are Trademarks? Refers to the names and logos of products or product brands which are legally protected for exclusive or licensed commercial use. Corporations often seek to protect their trademarks from others who could profit from them. Trademark Examples: Product names such as Amstel Brand names like Coca Cola Graphic renderings of those names in specific type faces and/or with accompanying artwork

38 Contracts Legal documents that specify the actions and expectations of two or more parties for the protection of each. Contracts stipulate… what each can do in the relationship under what circumstances they can act what monetary and/or productive compensation will be received Regulatory agencies’ rules also apply

39 Regulatory Agencies NAFDAC, FDA NCC, FCC NIPR, PRSA SONConsumer Councils APCON, NPAN, NGE

40 Internet CommunicationLaws and regulations also apply to the Internet… Libel and slander Copyright and trademark And the provisions of most of the statutes and regulations mentioned earlier From practical and legal standpoints, the Internet is a medium like any other.

41 TASKS Compare the professional codes of both PRSA and NIPR and highlight their similarities and differences What does the law says about alcohol advertisements? As a PR man for AUN Tobacco, how would you manage your company interests and that of the public? A well known athlete is charged with selling drugs and planning and carrying out with others, the death of a young married couple. His attorney calls you, a close friend, to advise and assist him in handling the intense media interest in the case. During the period before the trial, you learn that the athlete was in fact a drug dealer and did not partake in the murder. The lawyer tells you that the information is privileged. You decide to await the outcome of the trial. The lawyer is able to get his client acquitted. What should you do?