Copyright © Allyn & Bacon 2003 Public Relations and the Law Chapter 15 Public Relations: A Values-Driven Approach This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

Copyright © Allyn & Bacon 2003 The First Amendment The legal framework for the nation’s social, political, and commercial discourse. Often comes into conflict with other guaranteed rights and social interests. Public relations is on the cutting edge of the evolution of free expression.

Copyright © Allyn & Bacon 2003 Political v. Commercial Speech Political speech —  Expression associated with the normal conduct of a democracy.  The courts are reluctant to regulate it. Commercial speech —  Expression intended to generate marketplace transactions.  The courts regulate it in the public interest.

Copyright © Allyn & Bacon 2003 Public Relations as Speech Public relations can be considered either political or commercial speech. It depends upon the public being targeted, the purpose of the message, and the Supreme Court’s interpretation. Public relations practitioners need to understand the legal limitations on both political and commercial speech.

Copyright © Allyn & Bacon 2003 The Key: Know Your Business Many organizations operate under specific laws regulating the handling of information depending on legal status. Public agencies operate in the “sunshine.” Non-government agencies enjoyed a higher degree of privacy—but may still face certain disclosure obligations.

Copyright © Allyn & Bacon 2003 The Federal Trade Commission (FTC) Established in 1913 to ensure a fair marketplace. Generates most federal regulation of advertising and product-related publicity. Targets false and misleading advertising and publicity.

Copyright © Allyn & Bacon 2003 The Securities and Exchange Commission (SEC) Created in 1934 to ensure fairness in the nation’s financial markets. Disclosure—a belief that all publicly held companies have an obligation to disclose important investor information. Insider trading—market transactions based on information not available to the public.

Copyright © Allyn & Bacon 2003 The Federal Communications Commission (FCC) Created in 1934 to bring order to the nation’s broadcast airwaves. Equal opportunity provision—provides equal access to broadcast media for qualified candidates. Personal attack rule—obliges stations to offer “reasonable” opportunity to respond to character attacks.

Copyright © Allyn & Bacon 2003 The Food and Drug Administration (FDA) Created to protect, promote, and enhance the health of the American people. Sets communication rules for products or services regulated by the agency. A major focus is the labeling and promotion of prescription drugs. A recent focus has been getting accurate information to the public.

Copyright © Allyn & Bacon 2003 Libel A false communication that wrongfully injures the reputation of others.

Copyright © Allyn & Bacon 2003 Pre-1964 Burdens of Proof in Libel Defamation Publication Identification Damage Fault

Copyright © Allyn & Bacon 2003 The New York Times v. Sullivan As a result of this and subsequent rulings, public officials and public figures face a higher burden of proof in libel cases. That higher burden is actual malice, defined as “knowing falsehood or reckless disregard for the truth.”

Copyright © Allyn & Bacon 2003 Other Forms of Libel Common law libel—rules and principles that originate from judicial decisions. Food disparagement—aka veggie libel laws that are designed to protect local industries from unfair media coverage.

Copyright © Allyn & Bacon 2003 The Right to Privacy Although not specifically mentioned in the Constitution, it has evolved through the years. Defined as “the right to be left alone; the right of a person to be free from unwarranted publicity.”

Copyright © Allyn & Bacon 2003 The Four Torts of Privacy Intrusion False light Publication of private facts Appropriation

Copyright © Allyn & Bacon 2003 Copyright © Specifically mentioned in the Constitution. Protects intellectual property, defined as original works of authorship that are fixed in a tangible form of expression.

Copyright © Allyn & Bacon 2003 Copyright Guidelines Copyright protection exists from the moment a work is created in a fixed, tangible form. Copyrights do not protect work that have not been fixed in a tangible form. Work prepared within the scope of employment is considered work for hire and is the property of the employer.

Copyright © Allyn & Bacon 2003 Copyright Guidelines Copyright owners can grant limited use while retaining ownership. Copyrights do not protect ideas, methods, systems, processes, concepts, principles, and discoveries. Copyright protections extend to the Internet. Public documents may not be copyrighted.

Copyright © Allyn & Bacon 2003 Use of Copyrighted Materials Fair use—The use of copyrighted material without the owner’s permission for generally non-commercial purposes. To assert copyright protection, the work in question should bear a copyright notice.

Copyright © Allyn & Bacon 2003 Digital Millennium Copyright Act Adopted in 1998, it establishes rules for downloading, sharing and viewing copyrighted material on the Internet. DMCA also makes it illegal to circumvent antipiracy measures. DMCA makes certain exemptions to copy and share material for education and noncommercial use.

Copyright © Allyn & Bacon 2003 Litigation Public Relations (LPR) The use of mass communication techniques to influence events surrounding legal cases. Brings into conflict First Amendment rights to free speech and free press... …and Sixth Amendment rights to fair and open trials.

Copyright © Allyn & Bacon 2003 Different Views on LPR Some think it is wrong for lawyers to try their clients’ cases in the media. Others argue it is necessary to balance the scales of justice. Rules governing pretrial publicity are evolving and hard to enforce.

Copyright © Allyn & Bacon 2003 The Use of LPR Tactics Survey: While most attorneys do not use LPR, a majority favor its use. LPR practitioners work for the attorney, not the client. Lawyers have legal immunity. Practitioners do not.

Copyright © Allyn & Bacon 2003 The Pros and Cons of LPR PRO: People and companies have a right to defend themselves in the court of public opinion. CON: Events outside the courtroom should not influence those inside the courtroom.