Slide 1 of 63 Introduction to Public Relations Part One Public Relations…The Profession Chapter 4 Law and Ethics © 2007 The McGraw-Hill Companies, Inc

Slide 1 of 63

Introduction to Public RelationsIntroduction to Public Relations

Part OnePart OnePublic Relations…The ProfessionPublic Relations…The Profession

Chapter 4Chapter 4Law and EthicsLaw and Ethics

© 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Introduction to Public RelationsIntroduction to Public Relations Law and EthicsLaw and Ethics

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Professionalism in Public Relations PracticeProfessionalism in Public Relations Practice

• Ethical concernsEthical concerns

• Professional commitmentProfessional commitment

• Legal frameworkLegal framework


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What Is Ethics?What Is Ethics?

Definition: ethics is what is morally right or wrong in social Definition: ethics is what is morally right or wrong in social conduct, usually as determined by standards of professions, conduct, usually as determined by standards of professions, organizations, and individuals. organizations, and individuals.

Ethics =Ethics =Commitment to Commitment to High StandardsHigh Standards

regardless of advantage


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Ethics Is Based on One’s CharacterEthics Is Based on One’s Character

• Word origin: comes from the Greek word Word origin: comes from the Greek word ethosethos, , referring to one’s character, the major force in right referring to one’s character, the major force in right choices.choices.

• A person is viewed as ethical if one behaves by high A person is viewed as ethical if one behaves by high standards of conduct and rightness, regardless of standards of conduct and rightness, regardless of circumstantial advantage or reward.circumstantial advantage or reward.


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Ethics Starts With the IndividualEthics Starts With the Individual

• Pubic relations practitioners must have Pubic relations practitioners must have high personal standards of ethics.high personal standards of ethics.

• Without personal convictions, any Without personal convictions, any professional code could easily become an professional code could easily become an object of relativism and manipulation.object of relativism and manipulation.


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Practitioners Have Moral ObligationsPractitioners Have Moral Obligations

To ourselves—to preserve our own integrityTo ourselves—to preserve our own integrity

To our clients—to honor our contracts and to use our To our clients—to honor our contracts and to use our professional expertise on our clients’ behalfprofessional expertise on our clients’ behalf

To our organizations—to adhere to organizational goals and To our organizations—to adhere to organizational goals and policiespolicies

To our profession—to uphold the standards of the profession To our profession—to uphold the standards of the profession and, by extension, the reputation of our fellow and, by extension, the reputation of our fellow practitionerpractitioner

To our society—to consider social needs and claimsTo our society—to consider social needs and claims


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Need for Total HonestyNeed for Total Honesty

• Credibility comes with total honesty.Credibility comes with total honesty.

• Anything less will destroy your credibility and Anything less will destroy your credibility and usefulness to your employer.usefulness to your employer.

• News media depend on practitioners for News media depend on practitioners for much of the information they pass on much of the information they pass on (usually unverified) to their audiences.(usually unverified) to their audiences.

• If you provide inaccurate information, they If you provide inaccurate information, they will not rely on you as a source.will not rely on you as a source.


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PRSA Code of EthicsPRSA Code of EthicsMajor provisionsMajor provisions

• Free flow of informationFree flow of information

• CompetitionCompetition

• Disclosure of informationDisclosure of information

• Safeguarding confidencesSafeguarding confidences

• Conflicts of interestConflicts of interest

• Enhancing the professionEnhancing the profession


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Arthur W. Page SocietyArthur W. Page SocietySix principles of PR managementSix principles of PR management

• Tell the truthTell the truth

• Prove it with actionProve it with action

• Listen to the customerListen to the customer

• Manage for tomorrowManage for tomorrow

• Conduct public relations as if the whole Conduct public relations as if the whole company depends on itcompany depends on it

• Remain calm, patient and good-humoredRemain calm, patient and good-humored


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PRSA Code of EthicsPRSA Code of EthicsMajor provisionsMajor provisions

• Free flow of informationFree flow of information

• CompetitionCompetition

• Disclosure of informationDisclosure of information

• Safeguarding confidencesSafeguarding confidences

• Conflicts of interestConflicts of interest

• Enhancing the professionEnhancing the profession


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Professional Codes of ConductProfessional Codes of Conduct

• Why do critics say PR codes of ethics Why do critics say PR codes of ethics “have no teeth”?“have no teeth”?

• What is penalty for violating PRSA or What is penalty for violating PRSA or IABC code of ethics?IABC code of ethics?

• What is main purpose of codes of ethics?What is main purpose of codes of ethics?


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PR Ethics on the WebPR Ethics on the Web

• Disclose affiliations in chat rooms Disclose affiliations in chat rooms ((and blogsand blogs))

• Offer opportunities for dialog, interaction Offer opportunities for dialog, interaction with expertswith experts

• Reveal potential conflicts of interestReveal potential conflicts of interest

• Adhere to high standardsAdhere to high standards


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Ethical Dealings With News MediaEthical Dealings With News Media

• Trust only comes with habitual Trust only comes with habitual ethical performance.ethical performance.

• A practitioner’s effectiveness A practitioner’s effectiveness with the media can be destroyed with the media can be destroyed by expensive shortcuts such by expensive shortcuts such as…as…

• Extravagant partiesExtravagant parties

• Expensive giftsExpensive gifts

• Personal favorsPersonal favors


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Individual Ethical TipsIndividual Ethical Tips

Here are eight tips to guide you in developing Here are eight tips to guide you in developing your own ethical convictions and behavior.your own ethical convictions and behavior.

1. Never accept (or stay with) a client or a job with an 1. Never accept (or stay with) a client or a job with an organization or person with questionable character organization or person with questionable character or conduct.or conduct.

2. Always be honest with everyone, including the 2. Always be honest with everyone, including the media.media.

3. Don’t handle competing clients.3. Don’t handle competing clients.

4. Don’t make unfair comments about competitors.4. Don’t make unfair comments about competitors.


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Ethical Tips Cont.Ethical Tips Cont.

5. Keep the pubic interest in mind at all times.5. Keep the pubic interest in mind at all times.

6. Respect confidences.6. Respect confidences.

7. Make sure all your financial activities are “above board.”7. Make sure all your financial activities are “above board.”

8. Use organizational codes—such as the PRSA Code—as a 8. Use organizational codes—such as the PRSA Code—as a starting place, but incorporate your own standards as starting place, but incorporate your own standards as well. well.


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The CBS commentary about public relationsThe CBS commentary about public relations

• Discuss the blog articles about the CBS storyDiscuss the blog articles about the CBS story

• PRSA video about the CBS story:PRSA video about the CBS story:

http://www.youtube.com/watch?v=Xzf0eswdVkU


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Ethics discussion: What would you doEthics discussion: What would you do

• Divide into teamsDivide into teams

• Read the PRSA ethics scenariosRead the PRSA ethics scenarios

• Develop answers, based on the PRSA Code of EthicsDevelop answers, based on the PRSA Code of Ethics

• Discuss answers in classDiscuss answers in class


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Legal Topics Legal Topics

• Understand opposing views between public Understand opposing views between public relations and legal counselrelations and legal counsel

• Understand the role of the First Amendment in Understand the role of the First Amendment in public relations practicepublic relations practice

• Assess the impact of regulatory agencies on public Assess the impact of regulatory agencies on public relations practicerelations practice


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PR Practitioners and LawyersPR Practitioners and Lawyers

• Handling of information sets up the sometimes Handling of information sets up the sometimes adversarial relationship between public relations adversarial relationship between public relations practitioners and lawyers.practitioners and lawyers.

• Practitioners know the value of “plain talk” in the Practitioners know the value of “plain talk” in the court of public opinion.court of public opinion.

• Lawyers are experts in understanding the discreet Lawyers are experts in understanding the discreet use of information.use of information.


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PR practitioners have to work with lawyersPR practitioners have to work with lawyers

Click on the picture to hear about working with legal counsel.Click on the picture to hear about working with legal counsel.


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Legal Obligations for PractitionersLegal Obligations for Practitioners

• First Amendment rightsFirst Amendment rights

• DefamationDefamation

• Invasion of privacyInvasion of privacy

• Copyright and trademark lawsCopyright and trademark laws

• Regulations of the FTC, FDA, FCC and SECRegulations of the FTC, FDA, FCC and SEC


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First Amendment Rights and LimitsFirst Amendment Rights and Limits

First Amendment to the U.S. Constitution First Amendment to the U.S. Constitution protects individual freedom of expression and protects individual freedom of expression and also freedom of the press.also freedom of the press.


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What Does the First Amendment Say?What Does the First Amendment Say?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


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Commercial Free SpeechCommercial Free Speech

Some court decisions have been favorable Some court decisions have been favorable regarding commercial speech by allowing regarding commercial speech by allowing corporations to speak out on public issues and to corporations to speak out on public issues and to use issues-oriented advertising. However, courts use issues-oriented advertising. However, courts are also interested in maintaining truth-in-are also interested in maintaining truth-in-advertising. advertising.


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Organizations As Well As Media Organizations As Well As Media Can Be Guilty Of …Can Be Guilty Of …

• Defamation – a communication that holds an Defamation – a communication that holds an individual up to contempt, hatred, ridicule or individual up to contempt, hatred, ridicule or scornscorn

• Slander—oral defamationSlander—oral defamation

• Libel—published defamationLibel—published defamation


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DefamationDefamation

• Defamation is the expression of opinion, Defamation is the expression of opinion, information or fact which damages another information or fact which damages another person’s reputation.person’s reputation.

• Claims of truth are the best defense against Claims of truth are the best defense against defamation although two others—fair comment and defamation although two others—fair comment and privilege—may also be defenses in defamation privilege—may also be defenses in defamation cases. cases.


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Successful Defenses Against Libel May Be …Successful Defenses Against Libel May Be …

• TruthTruth: statements involved are truthful [and can be : statements involved are truthful [and can be proven to be truthful]proven to be truthful]

• PrivilegePrivilege: qualified privilege is based on a fair and : qualified privilege is based on a fair and accurate representation of a governmental document or accurate representation of a governmental document or meeting even if the document or meeting has false meeting even if the document or meeting has false information. information.

• Fair CommentFair Comment: statements constitute ‘fair comment’ on : statements constitute ‘fair comment’ on a public issue when they are presented as “commentary” a public issue when they are presented as “commentary” or opinion. It must not intrude into the private life of the or opinion. It must not intrude into the private life of the person if it is to be considered, “fair comment.”person if it is to be considered, “fair comment.”

Other legal pitfalls for practitioners:Other legal pitfalls for practitioners:


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Invasion of Privacy….occurs when one of the Invasion of Privacy….occurs when one of the following happens: following happens:

• Appropriation or the unauthorized commercial use of an Appropriation or the unauthorized commercial use of an entity’s picture, likeness, or name.entity’s picture, likeness, or name.

• Publication of private information—publishing true Publication of private information—publishing true information not known by a great number of people.information not known by a great number of people.

• Requires prior consent.Requires prior consent.

• Intrusion or the surreptitious observation of an entity’s Intrusion or the surreptitious observation of an entity’s activities.activities.

• False light—when true facts are embellished with False light—when true facts are embellished with falsehoods, or exaggerated or used out of context.falsehoods, or exaggerated or used out of context.


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What Are Examples of How PR Professionals What Are Examples of How PR Professionals Might Invade Privacy?Might Invade Privacy?


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Defenses of Invasion of Privacy ChargesDefenses of Invasion of Privacy Charges

• Obtain written consent from potential sources of Obtain written consent from potential sources of legal suit.legal suit.

• Especially helpful in defense are signed release Especially helpful in defense are signed release forms of legal responsibility.forms of legal responsibility.

• Use release forms for photos, videos, podcasts – Use release forms for photos, videos, podcasts – especially when used for promotional purposes.especially when used for promotional purposes.


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Practitioners need to know the legal limitsPractitioners need to know the legal limits

Protected Intellectual PropertyProtected Intellectual Property

Intellectual creations [original writings and works of creative Intellectual creations [original writings and works of creative art] generally are owned by their creators – individuals or art] generally are owned by their creators – individuals or organizations. They are subject to protection under copyright organizations. They are subject to protection under copyright and trademark law. and trademark law.

Copyright refers to the legal protection afforded to the Copyright refers to the legal protection afforded to the author or of a formalized method of communication or author or of a formalized method of communication or artistic expression such as…artistic expression such as…

books, movies, plays, music, dances, songs, sculptures, pictures andbooks, movies, plays, music, dances, songs, sculptures, pictures and

other tangible fixed formatsother tangible fixed formats


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What Might Be Common Examples of What Might Be Common Examples of Concern in PR Regarding Potential Concern in PR Regarding Potential Copyright Violations?Copyright Violations?


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You Can Use Copyrighted Material Under You Can Use Copyrighted Material Under The Act’s Four ‘Fair Use’ Provisions If …The Act’s Four ‘Fair Use’ Provisions If …

• Use is for non-commercial purposesUse is for non-commercial purposes

• Content is not taken out of contextContent is not taken out of context

• Credit is given to the sourceCredit is given to the source

• The commercial value of the work is not materially The commercial value of the work is not materially reducedreduced

You can use material if the percentage of the work used You can use material if the percentage of the work used falls within specific limits [100-200 words from a major falls within specific limits [100-200 words from a major book or article]book or article]

Trademarks are another matterTrademarks are another matter


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TrademarksTrademarks


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What Are Trademarks?What Are Trademarks?

• Refers to the names and logos of products or product Refers to the names and logos of products or product brands which are legally protected for exclusive or brands which are legally protected for exclusive or licensed commercial use.licensed commercial use.

• Corporations often seek to protect their trademarks from Corporations often seek to protect their trademarks from others who could profit from them. others who could profit from them.

• Trademark Examples: Trademark Examples:

• Product names such as KleenexProduct names such as Kleenex

• Brand names like ChevroletBrand names like Chevrolet

• Graphic renderings of those names in specific type faces and/or with Graphic renderings of those names in specific type faces and/or with accompanying artworkaccompanying artwork


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ContractsContracts

• Legal documents that specify the actions and Legal documents that specify the actions and expectations of two or more parties for the protection of expectations of two or more parties for the protection of each.each.

• Contracts stipulate…Contracts stipulate…

• what each can do in the relationshipwhat each can do in the relationship

• under what circumstances they can actunder what circumstances they can act

• what monetary and/or productive compensation will be what monetary and/or productive compensation will be receivedreceived

Regulatory agencies’ rules also applyRegulatory agencies’ rules also apply


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When Would PR Pros Use Contracts?When Would PR Pros Use Contracts?


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Government Regulatory AgenciesGovernment Regulatory Agencies

• Four of the government regulatory agencies that can limit Four of the government regulatory agencies that can limit how public relations practitioners create and disseminate how public relations practitioners create and disseminate information are the…information are the…

• FTCFTC

• FDAFDA

• FCCFCC

• SECSEC

• Such agencies are concerned with the legal dimensions of Such agencies are concerned with the legal dimensions of public relations messages and/or advertising claims.public relations messages and/or advertising claims.


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Federal Trade Commission (FTC)Federal Trade Commission (FTC)

• Communication directly affecting Communication directly affecting economic exchanges or trade must be economic exchanges or trade must be true.true.

• Claims in ads or press releases must Claims in ads or press releases must be verifiable.be verifiable.


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Food and Drug Administration (FDA)Food and Drug Administration (FDA)

• Information about food, drugs and Information about food, drugs and cosmetics must conform to federal cosmetics must conform to federal standards for health and safety.standards for health and safety.

• Click on the image to read an overview Click on the image to read an overview of the FDA’s massive operation.of the FDA’s massive operation.


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Federal Communications Commission (FCC)Federal Communications Commission (FCC)

• Regulates broadcasting including Regulates broadcasting including Public Service Announcements Public Service Announcements (PSAs) and required opportunities to (PSAs) and required opportunities to respond to public issues.respond to public issues.


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Securities and Exchange Commission (SEC)Securities and Exchange Commission (SEC)

• Public disclosure rules for publicly Public disclosure rules for publicly traded companiestraded companies

• Insider tradingInsider trading


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• Laws and regulations also apply to the Internet…Laws and regulations also apply to the Internet…

• Libel and slanderLibel and slander

• Copyright and trademarkCopyright and trademark

• And the provisions of most of the statutes and And the provisions of most of the statutes and regulations mentioned earlierregulations mentioned earlier

• From practical and legal standpoints, the Internet is a From practical and legal standpoints, the Internet is a medium like any other.medium like any other.

Internet Communication Internet Communication


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Slides not used in classSlides not used in class


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Are We Committed to Upholding Are We Committed to Upholding Professional Standards in Public Relations?Professional Standards in Public Relations?

Unless you are willing to resign an Unless you are willing to resign an account or a job over a matter of account or a job over a matter of principle, it is useless to call yourself principle, it is useless to call yourself a member of the world’s newest a member of the world’s newest profession—for you are already a profession—for you are already a member of the world’s oldest.member of the world’s oldest.

--Tommy Ross--Tommy RossPR PractitionerPR Practitioner

Documents

Slide 1 of 63 Introduction to Public Relations Part One Public Relations…The Profession Chapter 4 Law and Ethics © 2007 The McGraw-Hill Companies, Inc