Communication Law and Ethics (3, 12)

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Chapter 3: Ethics and Professionalism

Ethics & Values

  • Ethics: standards of conduct which indicates how one should behave based on moral duties and virtues based on right/wrong
  • Values: central to determining how one will behave in certain situations
  • Take into account: public interest, employers’ self-interest, standards of PR profession, personal values
  • Traditionally: can’t take advocacy role because “biased” trying to “manipulate” people
  • Role differentiation is important; public understands that PR people are employed

Philosophies (Abbreviated)

  • Kant’s Absolutionism: something is either right or wrong

  • Aristotle’s Existentialism: balance between two extremes, undertake assignments in a way that doesn’t cross “personal threshold”

  • Mill’s Utilitarianism: ends justify means as long as least harm or greatest good

Role of Professional Organizations

  • Professional organizations advocate continued education, set standards for industry

  • PRSA: extensive professional development courses, annual meetings with PR Tactics and The Strategist, Silver and Bronze anvils, PRSSA
  • International Association of Business Communications (IABC): year-round workshops, books and reports, holds annual meetings, Gold Quill (honour in business communication), Communication World
  • International Public Relations Association (IPRA): based in London, code of ethics based on UN charter, organizes regional and international conferences to discuss issues in global PR, Frontline, Gold Papers, Golden World Awards

Professional Codes of Conduct

  • IPRA “Act with honesty and integrity at all times so as to secure the confidence of those with whom the practitioner comes in contact

  • PRSA “any attempts to mislead or deceive an uninformed audiences are considered malpractice”

  • IABC: not only legal/ethical, good taste, sensitive to cultural values, truthful/fair/accurate

  • Difficult to enforce

  • Financial Information: National Investor Relations Institute 12-point code of conduct

  • VNR: media doesn’t disclose source, should identify sponsor, FCC involvement

  • Internet Transparency: covertly building buzz without identifying relation to company

  • Corporate Practice: firms/companies have own established codes of conduct

Other Steps Toward Professionalism

  • 5 Prerequisites: education, training, literature, research, code of ethics

  • Changing practitioner mindsets, establishing PR as academic discipline, expanding the body of knowledge, promoting certification and accreditation of practitioners, moving towards required continuing education

Ethical Dealings with the News Media

  • Gifts to journalists: no junkets of doubtful news, extravagant parties, expensive gifts, personal favours for media representatives

  • Linking adverts with coverage: sometimes companies buy adverts when publication reviews product, questionable

  • Transparency with disclosure issues: hiring freelance writer to write favourably about a product if freelancer does not disclose who they are being paid by, should spokesperson reveal employer, also questionable

Chapter 12: Public Relations and the Law

  • PR people can be legally liable if they provide/tacitly support a client’s illegal activity (conspiracy)

  • Defamation (Libel/Slander): false statements communicated to others, person identifiable/identified, injury, AND can prove malice; hard to prove for public figures/companies

  • Opinions should come from facts, statements of opinion should be labelled, context should be included

  • Fair comment; criticism often win

  • Be aware of privacy especially with employee communication, photo releases, publicity/advertising, media inquiries about employees

  • Courts have limited “fair use” for copyright cases, always give source and obtain permission (gov. documents are held in the public domain)

  • Trademarks: proper adjectives and should be capitalized, not possessive, not verbs

  • Ensure that trademarks are used properly, licensing fee may be required

  • FTC regulates adverts so not deceptive/misleading

  • SEC regulates companies, shareholder relations, inside trading, timely disclosure

  • FCC deals with TV/radio, VNR’s so not deceptive

  • FDA/EEOC also regulate communications when appropriate

  • Corporations enjoy 1st amendment protections except: if false/misleading/deceptive/promotes unlawful goods/services

  • Manage employee email, internet surfing, blogs

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