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Introduction to Public RelationsIntroduction to Public Relations

Part OnePart OnePublic Relations…The ProfessionPublic Relations…The Profession

Chapter 4Chapter 4Law and EthicsLaw and Ethics

© 2004 The McGraw-Hill Companies, Inc. All rights reserved.

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

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An Assignment Reminder…An Assignment Reminder…

Before viewing this lesson, please read the Before viewing this lesson, please read the following textbook material:following textbook material:

Public Relations: The Profession and the Public Relations: The Profession and the Practice, Practice, Chapter 4: Chapter 4: Law and EthicsLaw and Ethics

A Conceptual Schema for Studying Public RelationsA Conceptual Schema for Studying Public Relations

Research

Strategic Planning

Evaluation

Action and Communication

Media Relations

Employee Relations

Community Relations

Consumer Relations

The ProfessionThe Profession

Introduction

Theory

Law and Ethics

History

Part 1Part 1The ProcessThe Process

Part 2Part 2The PublicsThe Publics

Part 3Part 3The PracticeThe Practice

Part 4Part 4

Chapter 4 falls here.

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Public Affairs and Government

Not-for-Profit

Corporate

Financial

Emerging Trends


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We will study the ways in which PR practitioners We will study the ways in which PR practitioners exhibit ethical behaviors and the laws which affect exhibit ethical behaviors and the laws which affect them.them.

We will gain an understanding of the different We will gain an understanding of the different perspectives of lawyers as compared to those of PR perspectives of lawyers as compared to those of PR practitioners.practitioners.

In Part Four–Chapter 4, Our Focus In Part Four–Chapter 4, Our Focus Is Law and EthicsIs Law and Ethics


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Today’s Learning ObjectivesToday’s Learning Objectives

1. Be able to define ethics.1. Be able to define ethics.

2. Understand why good ethics are vital to the practitioner’s job.2. Understand why good ethics are vital to the practitioner’s job.

3. Know the five realms of ethical practice.3. Know the five realms of ethical practice.

4. Understand the legal and public relations point of views and4. Understand the legal and public relations point of views and

how they work together.how they work together.

5. Know the legal obligations of public relations practitioners and the5. Know the legal obligations of public relations practitioners and the

regulations that affect them. regulations that affect them.

6. Understand First Amendment implications for public relations.6. Understand First Amendment implications for public relations.


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Are Public Relations Practitioners Are Public Relations Practitioners Unethical?Unethical?

• Have you ever questioned the truthfulness of Have you ever questioned the truthfulness of

something said by a public relations practitioner something said by a public relations practitioner

(ex. a company spokesperson)?(ex. a company spokesperson)?

• Public relations practitioners face this challenge—Public relations practitioners face this challenge—

they must exemplify a higher standard of ethics they must exemplify a higher standard of ethics

than their publics.than their publics.

• Without personal and public trust a practitioner Without personal and public trust a practitioner

will fail.will fail.


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Ethics and StrategyEthics and Strategy

• Practitioners have learned to…Practitioners have learned to…

• Value ethics as part of a long-term strategy of Value ethics as part of a long-term strategy of building a good name or image.building a good name or image.

• Fully integrate public relations into decision Fully integrate public relations into decision making functions to enhance good ethics.making functions to enhance good ethics.


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I. What Is Ethics?I. 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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II. Setting the Ethical ToneII. Setting the Ethical Tone

• Practitioners are often the source of…Practitioners are often the source of…

• ethical statements from the ethical statements from the organizationorganization

• organizational policies on ethical organizational policies on ethical conductconduct


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Initiate Organizational EthicsInitiate Organizational Ethics

• As a practitioner, you should give As a practitioner, you should give blanket endorsement to the ethical blanket endorsement to the ethical practices of the executive level. practices of the executive level.

• You should initiate blameless, ethical You should initiate blameless, ethical organizational behavior.organizational behavior.


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To Which Profession Do We Belong?To Which Profession Do We Belong?

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


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A Change in Perceptions of EthicsA Change in Perceptions of Ethics

Click the image to Click the image to read about changes read about changes in how business in how business people perceive the people perceive the importance of good importance of good ethics.ethics.

Be aware of five realms of Be aware of five realms of ethical conduct…ethical conduct…


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III. The Challenge of Ethical III. The Challenge of Ethical Practice in Five RealmsPractice in Five Realms

• There are five realms involving ethical practice:There are five realms involving ethical practice:

Ethics as standards of social conductEthics as standards of social conduct

Individual ethicsIndividual ethics

Business ethicsBusiness ethics

Ethical dealings with news mediaEthical dealings with news media

Ethics and lawsEthics and laws

We’ll examine these realms individually…We’ll examine these realms individually…


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Realm One: Ethics As Standards Realm One: Ethics As Standards of Social Conductof Social Conduct

• The practitioner should understand several The practitioner should understand several

factors regulating standards of social factors regulating standards of social

conduct:conduct:

• Factor 1: TraditionFactor 1: Tradition

Ways in which the situation has been viewed or Ways in which the situation has been viewed or

handled in the past (We’ve always done it this handled in the past (We’ve always done it this

way).way).


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The Influence of Public Opinion and LawThe Influence of Public Opinion and Law

• Factor 2: Public OpinionFactor 2: Public Opinion

Currently acceptable behavior according to the Currently acceptable behavior according to the majority of one’s peers.majority of one’s peers.

• Factor 3: LawFactor 3: Law

Behaviors that are permissible and those that are Behaviors that are permissible and those that are prohibited by legislation.prohibited by legislation.


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The Influence of Morality and EthicsThe Influence of Morality and Ethics

• Factor 4: Morality Factor 4: Morality

Generally a spiritual or religious prohibition.Generally a spiritual or religious prohibition.

• Factor 5: EthicsFactor 5: Ethics

Standards set by the profession, an organization or Standards set by the profession, an organization or oneself, based on conscience—what is right or fair oneself, based on conscience—what is right or fair to others as well as to self?to others as well as to self?


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Realm Two: Individual EthicsRealm Two: Individual Ethics

• 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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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 a client or a job with an organization 1. Never accept a client or a job with an organization or person with questionable character or conduct.or person with questionable character or conduct.

2. Always be honest with everyone, especially the 2. Always be honest with everyone, especially 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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Realm 3: Business EthicsRealm 3: Business Ethics

• Personal ethics can be in Personal ethics can be in conflict with organizational conflict with organizational ethics.ethics.

• Professional codes, corporate Professional codes, corporate policy and law are no policy and law are no guarantees of actual ethical guarantees of actual ethical behavior.behavior.

• Actual behavior is always Actual behavior is always rooted in individual choices.rooted in individual choices.


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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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Realm 4: Ethical Dealings With News MediaRealm 4: Ethical 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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Be Aware of ExpectationsBe Aware of Expectations

• Some media people expect such shortcuts Some media people expect such shortcuts and special treatment…and special treatment…

• but learn to tactfully decline offering but learn to tactfully decline offering unethical perks.unethical perks.


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Realm 5: Ethics and LawRealm 5: Ethics and Law

• Following the letter of the law is not the same as Following the letter of the law is not the same as being ethical.being ethical.

• However, public relations practitioners do need However, public relations practitioners do need to be familiar with laws covering their particular to be familiar with laws covering their particular clients.clients.


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Let’s Review Ethics:Let’s Review Ethics:

• Ethics are standards of right social conduct, empowered Ethics are standards of right social conduct, empowered by character not circumstances.by character not circumstances.

• The practitioner's ethical choices are viewed by the The practitioner's ethical choices are viewed by the public as equal to the organization’s trustworthiness.public as equal to the organization’s trustworthiness.

• One's ethical practice is affected by accepted standards One's ethical practice is affected by accepted standards of conduct, individual and business ethics, trust with of conduct, individual and business ethics, trust with mews media, and relative laws.mews media, and relative laws.


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IV. Legal Topics IV. 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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Public Relations can be a legal landmine Public Relations can be a legal landmine for the uninformed practitionerfor the uninformed practitioner

• Public 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.

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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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Knowing Your Legal Rights and Knowing Your Legal Rights and ObligationsObligations

• Because public relations practitioners Because public relations practitioners deal in information, they must deal in information, they must understand their legal rights, as well understand their legal rights, as well as their legal obligations, if they are as their legal obligations, if they are to help their organizations.to help their organizations.

• Several of these legal obligations are Several of these legal obligations are discussed in other chapters on discussed in other chapters on financial and community relations.financial and community relations.


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Walking a Tight RopeWalking a Tight Rope

Legal Issues Scenario:Legal Issues Scenario:

• Imagine you, a McDonald's PR practitioner, are in a Imagine you, a McDonald's PR practitioner, are in a corporate meeting discussing this protest event.corporate meeting discussing this protest event.

• A corporate lawyer wants to put the animal rights A corporate lawyer wants to put the animal rights organization out of business with a lawsuit.organization out of business with a lawsuit.

• How would you respond?How would you respond?


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GoalResponsible

Behavior

Avoid Liability

Pits

The Practitioner’s Focus

The Lawyer’s Focus

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Two Rules of ThumbTwo Rules of Thumb

• Do not lie to the press, even if full disclosure is Do not lie to the press, even if full disclosure is not possible. not possible.

• Do not allow a legal perspective on issues to Do not allow a legal perspective on issues to determine corporate policy or response on any determine corporate policy or response on any given issue.given issue.


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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 and FCCRegulations of the FTC, FDA and FCC


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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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Individual Free SpeechIndividual Free Speech

The Constitution provides broad latitude for The Constitution provides broad latitude for individual citizens to exercise freedom of individual citizens to exercise freedom of expression, although this is a continuing expression, although this is a continuing controversy in areas such as art and religious controversy in areas such as art and religious expression.expression.


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Organizational Free SpeechOrganizational Free Speech

Some court rulings suggest that corporations have Some court rulings suggest that corporations have freedoms similar to those of individuals. However, freedoms similar to those of individuals. However, corporations have a greater potential to harm other corporations have a greater potential to harm other freedoms, which often makes corporate expression freedoms, which often makes corporate expression more susceptible to scrutiny.more susceptible to scrutiny.


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Many Business Problems Are Resolved Many Business Problems Are Resolved In Two Courts …In Two Courts …

• The court of law where lawyers plead their cases, The court of law where lawyers plead their cases, and where business problems may appear after and where business problems may appear after months or years of legal delaysmonths or years of legal delays

• The court of public opinion, where a business can The court of public opinion, where a business can be tried, found guilty and punished far more be tried, found guilty and punished far more severely and quicklyseverely and quickly

The requirements for winning vary considerablyThe requirements for winning vary considerably


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Winners In The Court Of Law Tend To Be …Winners In The Court Of Law Tend To Be …

• Those who permit their attorneys to say “no comment” Those who permit their attorneys to say “no comment” on camera and to the mediaon camera and to the media

• Those who delay legal proceedings until …Those who delay legal proceedings until …

• The other side runs out of time or moneyThe other side runs out of time or money

• Witnesses have dispersed or passed awayWitnesses have dispersed or passed away

• The average individual has forgotten about the problem or The average individual has forgotten about the problem or issue involvedissue involved

• Those with the most money to hire the best lawyersThose with the most money to hire the best lawyers

The court of public opinion is another matterThe court of public opinion is another matter


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Winners In The Court Of Public Opinion …Winners In The Court Of Public Opinion …

• Quickly and publicly accept responsibility for Quickly and publicly accept responsibility for their actionstheir actions

• Redress legitimate grievances regardless of Redress legitimate grievances regardless of pending litigationpending litigation

• Deal with the media, the community and the Deal with the media, the community and the aggrieved openly, honestly and immediatelyaggrieved openly, honestly and immediately

What’s the bottom line?What’s the bottom line?


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Those Winning the Legal Battle Often Lose Those Winning the Legal Battle Often Lose The Public Relations WarThe Public Relations War

• Those found guilty in the court of public Those found guilty in the court of public opinion inevitably lose public confidence and…opinion inevitably lose public confidence and…

• CustomersCustomers

• PersonnelPersonnel

• InvestorsInvestors

• Other publics who don’t want to be associated with Other publics who don’t want to be associated with the companythe company

Lost reputations are almost never recovered…Lost reputations are almost never recovered…


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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

Criminal libel—may involve ‘inciting to riot’ or Criminal libel—may involve ‘inciting to riot’ or ‘breach of the peace’‘breach of the peace’

Civil libel—involves only defamationCivil libel—involves only defamation


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DefamationDefamation

• Defamation is the malicious Defamation is the malicious and intentional expression of and intentional expression of opinion, information or fact opinion, information or fact for the specific purpose of for the specific purpose of damaging another person’s damaging another person’s reputation.reputation.

• Claims of truth are the best Claims of truth are the best defense against defamation, defense against defamation, but not a guarantee of but not a guarantee of exoneration.exoneration.

Click on this image to view Click on this image to view Britannica’s article on defamationBritannica’s article on defamation


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Two Types of LibelTwo Types of Libel

• Criminal libel: Criminal libel:

• A “breach of peace” or other activity where the A “breach of peace” or other activity where the offender explicitly advocates illegal activities by others offender explicitly advocates illegal activities by others or adoption of attitudes that have severe negative or adoption of attitudes that have severe negative consequences to another.consequences to another.

• Civil libel:Civil libel:

• A defamation that damages a reputation or inflicts A defamation that damages a reputation or inflicts emotional trauma that results in a loss of income or emotional trauma that results in a loss of income or ability to function normally.ability to function normally.


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Risk To Public Relations Practitioners Is Risk To Public Relations Practitioners Is Greatest In Civil LibelGreatest In Civil Libel

• The following criteria make a statement libelous:The following criteria make a statement libelous:

• Publication of falsehoodPublication of falsehood

• Damage to reputation, persons or incomeDamage to reputation, persons or income

• Identification of injured partyIdentification of injured party

• Malice or Negligence in information handlingMalice or Negligence in information handling

• Defamation of persons or organizationsDefamation of persons or organizations

Libel Defenses…Libel Defenses…


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

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

• Privilege: content originates in a governmental Privilege: content originates in a governmental agency, but is presented fairlyagency, but is presented fairly

• Fair Comment: statements constitute ‘fair Fair Comment: statements constitute ‘fair comment’ on a public issue and are supported comment’ on a public issue and are supported by factual materialby factual material

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


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Invasion of PrivacyInvasion of Privacy

• 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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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.


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Freedom of InformationFreedom of Information

The Freedom of Information Act opens many The Freedom of Information Act opens many governmental records to public [and practitioner] governmental records to public [and practitioner] scrutiny. Most popular use:scrutiny. Most popular use:

Obtaining information about labor unions, advocacy groups Obtaining information about labor unions, advocacy groups and others which which the corporation may come into and others which which the corporation may come into conflict.conflict.


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FOI Act Limits Privacy of Public FOI Act Limits Privacy of Public OfficialsOfficials

• Public officials and government enjoy much less privacy than Public officials and government enjoy much less privacy than do individuals in the private sector due to the Freedom of do individuals in the private sector due to the Freedom of Information Act and the Sunshine Act.Information Act and the Sunshine Act.

• Covers the U.S. federal government.Covers the U.S. federal government.

• Applies to:Applies to:

• Opinions in settled casesOpinions in settled cases

• Statements of policyStatements of policy

• Staff manuals affecting the publicStaff manuals affecting the public


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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.

CopyrightCopyright refers to the legal protection afforded to the 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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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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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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Conspiracy Penalties are Possible …Conspiracy Penalties are Possible …

• Knows about a felony and fails to report that knowledge to Knows about a felony and fails to report that knowledge to the authorities or actively covers up the felony.the authorities or actively covers up the felony.

For any individual who…For any individual who…

The law extends to information about felonies that The law extends to information about felonies that have been committed by an employer, a client or a have been committed by an employer, a client or a third partythird party


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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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Government Regulatory AgenciesGovernment Regulatory Agencies

• Three of the government regulatory agencies that can limit Three 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

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

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

Click on the image to read a press release from the FTC regarding Exxon. Such oversight greatly affects the practitioner’s work as a manager/communicator.


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

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

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


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

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

Click on the Click on the image to visit the image to visit the FCC’s official FCC’s official web site.web site.


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Binding Regulations Are Imposed By …Binding Regulations Are Imposed By …

• The Federal Trade Commission covering advertising and news The Federal Trade Commission covering advertising and news releasesreleases

• The Food and Drug Administration covering labelingThe Food and Drug Administration covering labeling

• The Securities and Exchange Commission covering insider The Securities and Exchange Commission covering insider trading trading

• The National Labor Relations Board covering unfair labor The National Labor Relations Board covering unfair labor practicespractices

• And there are others as wellAnd there are others as well


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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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The Internet and the First AmendmentThe Internet and the First Amendment

Click on the image to read Click on the image to read an article on this issue an article on this issue from the Virginia Journal from the Virginia Journal of Law and Technology.of Law and Technology.


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In Summary…In Summary…

• The agendas of practitioners and lawyers often clash The agendas of practitioners and lawyers often clash because they counsel their superiors regarding two because they counsel their superiors regarding two different courts.different courts.

• Misuse of the First Amendment is safeguarded by court Misuse of the First Amendment is safeguarded by court precedent and state law concerning defamation, precedent and state law concerning defamation, invasion of privacy, property rights, contracts, and The invasion of privacy, property rights, contracts, and The Freedom of Information Act.Freedom of Information Act.

• Three government agencies regulate the accuracy of Three government agencies regulate the accuracy of ads/press releases (FTC), food and drug packaging ads/press releases (FTC), food and drug packaging (FDA), and broadcasting (FCC).(FDA), and broadcasting (FCC).

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