Chapter 12 Public Relations and the Law

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When can a public relations person be named a conspirator? Participates in bribing Covers up information of vital interest Counsels and guides the policy behind an illegal action Takes a major personal part in the illegal action Helps establish a group where the connection to the public relations firm or its clients is kept hidden Cooperates in any way to further an illegal action

Libel and Defamation Libel was a printed falsehood Slander was an oral statement that was false Defamation- any false statement about a person or organization that could ruin a person’s reputation/ and or the company’s reputation

Avoiding Libel Suits Libel suits can be filed against organizational officials who make libelous accusations during a media interview, send out false statements, or ruin someone’s reputation. Another dangerous practice is making unflattering comments about the competitions products Statements should be true with evidence to support them

Invasion of Privacy Public Relations staff must be particularly sensitive to the issue of privacy in four areas: Employee communication Photo releases Product publicity and advertising Media inquiries about employees

Employee Communication One should avoid anything that might embarrass or subject an employee to ridicule by fellow employees. – Here are some guidelines to remember when writing about employee activities: Keep the focus on organization-related activities. Have employees submit “personals” in writing. Double check for accuracy Ask: “Will this embarrass anyone or cause someone to be the butt of jokes?” Don’t rely on secondhand information Don’t include racial or ethnics designations of employed in any articles

Photo Releases An organization must have a signed release on file if it wants to use pictures or comments of its employees And other individuals in advertising. A contract is not binding without some sort of compensation Money is added to make the contract more binding Changing the document to make it more clear is always allowed

Media Inquiries about Employees Employers should only give basic information DO PROVIDE: Confirmation that the person is an employee The person’s title and job description Date beginning employment or the date of termination DO NOT PROVIDE : Salary Home Address Marital Status Number of children Organizational memberships Job performance ***Reporters have no greater rights to private information than any other citizen

Copyright Law Knowledge of copyright law is important from two perspectives: 1)What organizational materials should be copyrighted 2) How to utilize the copyrighted material of others correctly ***Copyright does not protect ideas, only specific ways in which those ideas are expressed.. 

Photography and Artwork A customer who buys a copyrighted photo owns the item itself, but not the right to make additional copies. Consequently, it is important for a public relations person to tell the photographer exactly how the photo will be used.

Copyright Guidelines Many things have been discussed about copyright. One should keep the following things in mind: Ideas can’t be copyrighted, but the expression of the ideas can be Major public relations materials should be copyrighted Despite fair use, copyrighted material should only be used with permission Copyrighted material shouldn’t be taken out of context Quantity reprints should be ordered from the publisher

Trademark Law & Protection of Trademarks A trademark is a word, symbol, or slogan, used singly or in combination, that identifies a product’s origin Trademarks are proper adjectives and should be capitalized and followed by a generic noun or phrase

Regulations by Government Agencies Commercial speech is Commercial speech is regulated by the government in the interest of public health and safety, and consumer protection. Regulating agencies include the Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC), the Federal Communications Commission (FCC), the Food and Drug Administration (FDA), and the Equal Employment Opportunity Commission (EEOC). What is the FDA, EEOC, and FTC? m/watch?v=IbmDGr3A Es0 m/watch?v=IbmDGr3A Es0 m/watch?v=CGSjo- gIjCs m/watch?v=CGSjo- gIjCs m/watch?v=NssfPApe5i Q m/watch?v=NssfPApe5i Q

Corporate Speech Organizations have the right to express their opinions and views about a number of public issues. Federal election rules now allow direct corporate support of candidates for office. However, there is still some blurring of lines between what is considered “commercial speech” and “free speech,” as illustrated by the Nike case.

Employee Speech in the Digital Age Employees are limited in expressing their opinions within the corporate environment. Employee and surfing the Internet are subject to monitoring. Employees can be fired (or former employees sued) for revealing trade secrets or harassing fellow employees. Companies can set guidelines for keeping a blog and for participating in virtual online communities such as Second Life. atch?v=gbWNLs4W5io atch?v=gbWNLs4W5io

Liability for Sponsored Events Plant tours, open houses, and other promotional events raise liability issues concerning safety and security. Liability insurance is a necessity. Permits may be required for the use of public streets and parks and for serving food and liquor. watch?v=x097YFt6k-8 watch?v=x097YFt6k-8

The Attorney/Public Relations Relationship A cooperative relationship must exist between public relations personnel and legal counsel to handle today’s challenges.

Questions for Review and Discussion 1. What should public relations people know about the regulations of the Federal Trade Commission? 2. If an organization is sponsoring an open house or a promotional event, what legal aspects should be considered? 3. What is the percentage of American corporations dealing with lawsuits at any given time? 4. Why should employees be careful about using the internet at work? 5. What does “EEOC” stand for?

Questions for Review and Discussion 1) How can a public relations person take precautions to avoid libel lawsuits? 2) When the media call about an employee, what kinds of information should the public relations person provide? 3) What does the copyright law protect? 4) What should one avoid when writing about employee activities?