Lecture 10Ethics and the LawWhat does it mean to be ethical?Answers questions of what is right and what is wrongNormativeProvides an ideal for what should beGuides us in what we ought and ought not to doSocial constructs defined by…CultureLocal, national, global normsContextSituational differencesEx: Is it right to steal things? Typically no. But say a wife is dying of cancer, and insurance won’t cover, is it wrong for a husband to steal the medicine? Maybe, maybe notConscienceIndividualized guidelinesEveryone has a different opinion on what is right and wrongLawMinimum standards for behaviorPurpose is to maintain stable societyResolve disputesProtect propertyPreserve governmentAlways enforceableProhibitory or mandatoryBased in “musts”Problems for PREthics can be a problem for public relations, partly because the overwhelming societal idea is that PR “spins” stories, etc.Practitioners lack understanding of ethicsHow can we be the corporate conscience?Practitioners have inaccurate understanding of law and job of lawyersLawyers know our business pretty well People think that PR is supposed to act as the ‘corporate conscience’, because of notion of boundary span—PR is about negotiating relationships between different groupsWhy Ethics are ImportantBuild needed trust between organization and its publicsLimit government regulation and interferenceProvide greater autonomy for businessesConduct my affairs in a way I see fit because no one is mad at me, if I built reputation as being ethical over time and I do make a mistake, people will be more likely to be more forgivingGrand Theories of EthicsUtilitarianismEnds-basedLooking at the outcome of the action, did it result in good or evil? Evaluating if it was ethical.Greatest good for the greatest numberConsidering potential consequencesHow intense is the good?How long will the good last?How certain am I?How likely will this act beget acts with similar results?How many people will it benefit?DeontologyMeans-basedHow did I create this, what was my intention, using this to judge ethicsSome actions are good in and of themselvesConsidering certain rulesAny act that should not be practiced commonly should not be practiced at all (i.e., universalized)People must be respected and never treated solely as a means to an endEthical considerations for PRObligations to many groupsClientsOrganizationsEmployersColleaguesProfessionSocietyYourselfConundrumsHow can a PR practitioner be an ‘ethical advocate’?How is it ethical to tell someone what to do? Do I assume that I know what is best for you?When do you dissent with a management decision?How do you do this?When do you tell a client no? when do you say I don’t do that?What are you willing to do for a client?Engage in something unethical like bribing?Codes of conductPRSA Code of Ethics6 core valuesAdvocacyHonestyExpertiseIndependenceLoyaltyFairnessCriticism of Ethical codesToo general to provide meaningful directionNo guidelines for resolving conflicting interestsLack of enforcementEthical advocacy: gudielines for ethical persuasionEvaluationIs persuasion warranted?PriorityClient comes firs tSensitivityBalance needs of client with societal responsibilitiesConfidentialityRespect to clientVeracityMust be truthfulReversibilityPut yourself in audience’s shoesValidityProvide sound argumentVisibilityClearly identify client in all communicationsRespectTreat audiences fairlyConsentAll parties involved must accept persuasion as justifiedObligations of BusinessesProfit maximizationActing ethically can help hereSocial responsibilityDon’t intentionally harm publicIdeally try to benefit publicAct within confines of the lawDefamation and LibelPlaintiff’s Burden of Proof: All or Nothing1. A false statement was communicated in a fixed form2. The person claiming to be libeled was identified or identifiable3. Actual injury occurred4. The person making the statement was negligent or maliciousnegligence for private personsactual malice for public figures, which includes corporations*Must be able to prove all of these, if defendant only need to prove 1 of theseDefenses: You only Need OneStatute of limitationsUsually 1 to 2 years from publicationTruthFirst Amendment DefenseVague statementExaggerated statementPrivilegeAbsoluteQualifiedConsentCopyrightProtects original works once fixed in tangible mediumDon’t need to registerGives more legal resourceDoesn’t apply to ideasDoesn’t apply to raw factsDuration of protectionFor individuals, life of creator + 70 yearsFor organizations, 95 years from publication dateOwnership typically belongs to creator2 exceptionsmade during course of regular employmentcontracted to be madeImplications for freelancersUsually own copyright unless otherwise negotiatedOrganizations must seek permission to use work in ways not contractedInfringementI own itUse the copyright symbol with the date and author’s nameYou don’tYou used it without permissionFair use (horrible legal defense)4 part test1. Character of the usecommercial use is generally not fair use2. Nature of the work3. Amount of the work used4. Effect of the use on market valuetrademarktrademarks are registered words, names, symbols, or devices used to identify a productprotecting trademarksalways capitalizednever used as nounstrademark infringementdownside for corporation whose trademark becomes too commonly used (aspirin, thermos, yo-yo, etc.)Cant exploit another’s trademark for commercial gainADPR 3850 First Edition Lecture 10 Outline of Last Lecture I. Persuasion Outline of Current Lecture II. Ethics and the law III. Theories of Ethics IV. Obligations and businessesV. Trademark, Copyright, Infringement Current LectureLecture 10 Ethics and the LawWhat does it mean to be ethical? - Answers questions of what is right and what is wrong - Normativeo Provides an ideal for what should be o Guides us in what we ought and ought not to do- Social constructs defined by…o Culture Local, national, global normso Context Situational differences  Ex: Is it right to steal things? Typically no. But say a wife is dying of cancer, and insurance won’t cover, is it wrong for a husband to steal the medicine? Maybe, maybe not o Conscience Individualized guidelines  Everyone has a different opinion on what is right and wrong These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Lawo Minimum