Introduction to Public Relations
Part One
Public Relations…The Profession
Chapter 4
Law and Ethics
Slide 1 of 67
© 2004 The McGraw-Hill Companies, Inc. All rights reserved.
Introduction to Public Relations
Law and Ethics
An Assignment Reminder…
Before viewing this lesson, please read the
following textbook material:
Public Relations: The Profession and the
Practice, Chapter 4: Law and Ethics
Slide 2 of 67
A Conceptual Schema for Studying Public Relations
Part 1
Part 2
Part 3
Part 4
The Profession
The Process
The Publics
The Practice
Research
Media
Relations
Financial
Introduction
History
Strategic
Planning
Public
Affairs and
Government
Employee
Relations
Not-forProfit
Theory
Corporate
Action and
Communication
Law and Ethics
Community
Relations
Chapter 4
falls here.
Evaluation
Slide 3 of 67
Consumer
Relations
Emerging
Trends
Introduction to Public Relations
Law and Ethics
In Part Four–Chapter 4, Our Focus
Is Law and Ethics
We will study the ways in which PR practitioners
exhibit ethical behaviors and the laws which affect
them.
We will gain an understanding of the different
perspectives of lawyers as compared to those of PR
practitioners.
Slide 4 of 67
Introduction to Public Relations
Law and Ethics
Today’s Learning Objectives
1. 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.
Slide 5 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 6 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 7 of 67
Introduction to Public Relations
Law and Ethics
I. What Is Ethics?
Commitment to
Ethics = High Standards
regardless of advantage
Definition: ethics is what is morally right or wrong in social
conduct, usually as determined by standards of professions,
organizations, and individuals.
Slide 8 of 67
Introduction to Public Relations
Law and Ethics
Ethics Is Based on One’s Character
•
•
Word 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.
Slide 9 of 67
Introduction to Public Relations
Law and Ethics
II. Setting the Ethical Tone
•
Practitioners are often the source of…
•
•
ethical statements from the
organization
organizational policies on ethical
conduct
Slide 10 of 67
Introduction to Public Relations
Law and Ethics
Initiate Organizational Ethics
•
As a practitioner, you should give
blanket endorsement to the ethical
practices of the executive level.
•
You should initiate blameless, ethical
organizational behavior.
Slide 11 of 67
Introduction to Public Relations
Law and Ethics
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
Slide 12 of 67
Introduction to Public Relations
Law and Ethics
A Change in Perceptions of Ethics
Click the image to
read about changes
in how business
people perceive the
importance of good
ethics.
Be aware of five realms of
ethical conduct…
Slide 13 of 67
Introduction to Public Relations
Law and Ethics
III. The Challenge of Ethical
Practice in Five Realms
•
There are five realms involving ethical practice:
Ethics as standards of social conduct
Individual ethics
Business ethics
Ethical dealings with news media
Ethics and laws
We’ll examine these realms individually…
Slide 14 of 67
Introduction to Public Relations
Law and Ethics
Realm One: Ethics As Standards
of Social Conduct
•
The practitioner should understand several
factors regulating standards of social conduct:
•
Factor 1: Tradition
Ways in which the situation has been viewed or
handled in the past (We’ve always done it this
way).
Slide 15 of 67
Introduction to Public Relations
Law and Ethics
The Influence of Public Opinion and Law
•
Factor 2: Public Opinion
Currently acceptable behavior according to the
majority of one’s peers.
•
Factor 3: Law
Behaviors that are permissible and those that are
prohibited by legislation.
Slide 16 of 67
Introduction to Public Relations
Law and Ethics
The Influence of Morality and Ethics
•
Factor 4: Morality
Generally a spiritual or religious prohibition.
•
Factor 5: 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?
Slide 17 of 67
Introduction to Public Relations
Law and Ethics
Realm Two: Individual Ethics
•
Pubic relations practitioners must have
high personal standards of ethics.
•
Without personal convictions, any
professional code could easily become an
object of relativism and manipulation.
Slide 18 of 67
Introduction to Public Relations
Law and Ethics
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
Slide 19 of 67
Introduction to Public Relations
Law and Ethics
Individual Ethical Tips
Here 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.
4. Don’t make unfair comments about competitors.
Slide 20 of 67
Introduction to Public Relations
Law and Ethics
Ethical Tips Cont.
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 Code—as a
starting place, but incorporate your own standards as
well.
Slide 21 of 67
Introduction to Public Relations
Law and Ethics
Realm 3: Business Ethics
•
•
Personal ethics can be in
conflict with organizational
ethics.
Professional codes, corporate
policy and law are no
guarantees of actual ethical
behavior.
•
Slide 22 of 67
Actual behavior is always
rooted in individual choices.
Introduction to Public Relations
Law and Ethics
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.
Slide 23 of 67
Introduction to Public Relations
Law and Ethics
Realm 4: Ethical Dealings With News Media
•
•
Trust only comes with habitual
ethical performance.
A practitioner’s effectiveness
with the media can be destroyed
by expensive shortcuts such
as…
•
•
•
Slide 24 of 67
Extravagant parties
Expensive gifts
Personal favors
Introduction to Public Relations
Law and Ethics
Be Aware of Expectations
•
Some media people expect such shortcuts
and special treatment…
•
Slide 25 of 67
but learn to tactfully decline offering
unethical perks.
Introduction to Public Relations
Law and Ethics
Realm 5: Ethics and Law
•
•
Following 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.
Slide 26 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 27 of 67
Introduction to Public Relations
Law and Ethics
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
Slide 28 of 67
Introduction to Public Relations
Law and Ethics
Public Relations can be a legal landmine
for 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.
Slide 29 of 67
Introduction to Public Relations
Law and Ethics
PR Practitioners and Lawyers
•
Handling 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.
Slide 30 of 67
Introduction to Public Relations
Law and Ethics
PR practitioners have to work with lawyers
Click on the picture to hear about working with legal counsel.
Slide 31 of 67
Introduction to Public Relations
Law and Ethics
Knowing Your Legal Rights and
Obligations
•
Because 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.
•
Slide 32 of 67
Several of these legal obligations are
discussed in other chapters on
financial and community relations.
Introduction to Public Relations
Law and Ethics
Walking a Tight Rope
Legal Issues Scenario:
•
•
•
Imagine you, a McDonald's PR practitioner, are in a
corporate meeting discussing this protest event.
A corporate lawyer wants to put the animal rights
organization out of business with a lawsuit.
How would you respond?
Slide 33 of 67
Introduction to Public Relations
Law and Ethics
The Practitioner’s Focus
The Lawyer’s Focus
Avoid
Liability
Pits
Slide
Slide 34
34 of
of 67
67
Goal
Responsible
Behavior
Introduction to Public Relations
Law and Ethics
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.
Slide 35 of 67
Introduction to Public Relations
Law and Ethics
Legal Obligations for Practitioners
•
•
•
•
•
First Amendment rights
Defamation
Invasion of privacy
Copyright and trademark laws
Regulations of the FTC, FDA and FCC
Slide 36 of 67
Introduction to Public Relations
Law and Ethics
First Amendment Rights and Limits
First Amendment to the U.S. Constitution
protects individual freedom of expression and
also freedom of the press.
Slide 37 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 38 of 67
Introduction to Public Relations
Law and Ethics
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-inadvertising.
Slide 39 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 40 of 67
Introduction to Public Relations
Law and Ethics
Organizational Free Speech
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.
Slide 41 of 67
Introduction to Public Relations
Law and Ethics
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
Slide 42 of 67
Introduction to Public Relations
Law and Ethics
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
Slide 43 of 67
Introduction to Public Relations
Law and Ethics
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?
Slide 44 of 67
Introduction to Public Relations
Law and Ethics
Those Winning the Legal Battle Often Lose
The Public Relations War
•
Those 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…
Slide 45 of 67
Introduction to Public Relations
Law and Ethics
Organizations As Well As Media
Can Be Guilty Of …
•
Defamation – a communication that holds an
individual up to contempt, hatred, ridicule or
scorn
•
•
Slander—oral defamation
Libel—published defamation
Criminal libel—may involve ‘inciting to riot’ or
‘breach of the peace’
Civil libel—involves only defamation
Slide 46 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 47 of 67
Click on this image to view
Britannica’s article on defamation
Introduction to Public Relations
Law and Ethics
Two Types of Libel
• Criminal 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.
Slide 48 of 67
Introduction to Public Relations
Law and Ethics
Risk To Public Relations Practitioners Is
Greatest In Civil Libel
• The 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
Libel Defenses…
Slide 49 of 67
Introduction to Public Relations
Law and Ethics
Successful Defenses Against Libel May Be …
•
•
•
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
Other legal pitfalls for practitioners:
Slide 50 of 67
Introduction to Public Relations
Law and Ethics
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.
Slide 51 of 67
Introduction to Public Relations
Law and Ethics
Defenses of Invasion of Privacy Charges
•
•
Obtain written consent from potential sources of
legal suit.
Especially helpful in defense are signed release
forms of legal responsibility.
Slide 52 of 67
Introduction to Public Relations
Law and Ethics
Freedom of Information
The Freedom of Information Act opens many
governmental records to public [and practitioner]
scrutiny. Most popular use:
Obtaining information about labor unions, advocacy groups
and others which which the corporation may come into
conflict.
Slide 53 of 67
Introduction to Public Relations
Law and Ethics
FOI Act Limits Privacy of Public
Officials
•
•
•
Public officials and government enjoy much less privacy
than do individuals in the private sector due to the Freedom
of Information Act and the Sunshine Act.
Covers the U.S. federal government.
Applies to:
•
•
•
Opinions in settled cases
Statements of policy
Staff manuals affecting the public
Slide 54 of 67
Introduction to Public Relations
Law and Ethics
Protected Intellectual Property
Intellectual 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
Slide 55 of 67
Introduction to Public Relations
Law and Ethics
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 [100-200 words from a major
book or article]
Trademarks are another matter
Slide 56 of 67
Introduction to Public Relations
Law and Ethics
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 Kleenex
Brand names like Chevrolet
Graphic renderings of those names in specific type faces and/or with
accompanying artwork
Slide 57 of 67
Introduction to Public Relations
Law and Ethics
Conspiracy Penalties are Possible …
For any individual who…
•
Knows about a felony and fails to report that knowledge to
the authorities or actively covers up the felony.
The law extends to information about felonies that
have been committed by an employer, a client or a
third party
Slide 58 of 67
Introduction to Public Relations
Law and Ethics
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
Slide 59 of 67
Introduction to Public Relations
Law and Ethics
Government Regulatory Agencies
•
Three of the government regulatory agencies that can limit
how public relations practitioners create and disseminate
information are the…
•
•
•
•
FTC
FDA
FCC
Such agencies are concerned with the legal dimensions of
public relations messages and/or advertising claims.
Slide 60 of 67
Introduction to Public Relations
Law and Ethics
Federal Trade Commission (FTC)
•
•
Communication directly
affecting economic
exchanges or trade must
be true.
Claims in ads or press
releases must be
verifiable.
Slide 61 of 67
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.
Introduction to Public Relations
Law and Ethics
Food and Drug Administration (FDA)
• Information about food,
drugs and cosmetics must
conform to federal
standards for health and
safety.
• Click on the image to read
an overview of the FDA’s
massive operation.
Slide 62 of 67
Introduction to Public Relations
Law and Ethics
Federal Communications Commission (FCC)
•
Regulates broadcasting
including Public Service
Announcements (PSAs)
and required opportunities
to respond to public
issues.
Click on the
image to visit the
FCC’s official
web site.
Slide 63 of 67
Introduction to Public Relations
Law and Ethics
Binding Regulations Are Imposed By …
•
•
•
•
•
The Federal Trade Commission covering advertising and news
releases
The Food and Drug Administration covering labeling
The Securities and Exchange Commission covering insider
trading
The National Labor Relations Board covering unfair labor
practices
And there are others as well
Slide 64 of 67
Introduction to Public Relations
Law and Ethics
Internet Communication
• Laws 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.
Slide 65 of 67
Introduction to Public Relations
Law and Ethics
The Internet and the First Amendment
Click on the image to read
an article on this issue
from the Virginia Journal
of Law and Technology.
Slide 66 of 67
Introduction to Public Relations
Law and Ethics
In Summary…
•
•
•
The agendas of practitioners and lawyers often clash
because they counsel their superiors regarding two
different courts.
Misuse of the First Amendment is safeguarded by court
precedent and state law concerning defamation,
invasion of privacy, property rights, contracts, and The
Freedom of Information Act.
Three government agencies regulate the accuracy of
ads/press releases (FTC), food and drug packaging
(FDA), and broadcasting (FCC).
Slide 67 of 67