I. COMPLAINTS ABOUT PRA. MISLEADS THE PUBLICB. perpetuates images over realityC. CREATES MISINFORMATIOND. creates barriers to communicationE. COMPLAINTS ABOUT PR AS MARKETING COMMUNICATION (LIMITED VIEW OF PR)1. Encourages materialism2. Manipulates people3. Excessive4. Offensive or in bad taste; debases our language and culture5. Deceptive6. May encourage harmful activity7. Contributes to product cost8. Reduces competition; creates barriers to market entryII. WHAT ARE ETHICS?A. DEFINITION: MORAL PHILOSOPHY, VALUES; DEALING WITH MORAL DUTY OR OBLIGATION (CONFORMING TO PROFESSIONAL STANDARDS)B. JAKSA & PRITCH.: ETHICS CONCERN QUESTIONS OF RIGHT OR WRONG, FAIR OR UNFAIR, GOOD OR BAD, RESPONSIBLE OR IRRESPONSIBLEC. ethical questions often raise issues related to trust and reputationD. questionable behavior begs the question: can I trust your organization at all? (Silverman)E. practitioners must balance or satisfy:1. The public’s interest2. Employers’ and clients’ expectations3. Professional codes of ethics4. Their own personal valuesF. ethical dilemma: crisis due to unresolved differences concerning an issue or problemG. ethical lapse: practitioner behavior that fails to apply ethical standardsIII. ETHICAL CONSIDERATIONSA. MANY ETHICAL DILEMMAS CONCERN THE TRUTHB. personal ethics usually begin where laws end (it may be legal, but is it ethical?)C. IF AN ACTION IS LEGAL MANY PRACTITIONERS ALSO CONSIDER IT ETHICALD. some questions to consider1. Who are we trying to influence and why?2. What do we have to say or do to win their support?3. What are the possible positive and negative results of our actions?IV. DIFFERENT ETHICAL OPINIONSA. Practitioner’s job is to serve as a client mouthpiece regardless of personal viewsB. I can work for clients/employers holding opinions at variance with my own as long as theydon’t affect my workC. You should quit or decline jobs that are counter to your personal viewsV. PRSA CODE OF ETHICS CORE PRINCIPLESA. FREE FLOW OF INFORMATION1. Protecting and advancing free flow of accurate, truthful info2. Improper to give expensive race skis to columnist to influence product reviewsB. COMPETITION1. Promoting healthy and fair competition among PR professionals2. RFP= Request for proposal3. Improper to give inside info to firm competing for organization’s businessC. DISCLOSURE OF INFORMATION1. Open communication fosters informed decision making2. Improper to implement campaign on behalf of undisclosed interest groupD. SAFEGUARDING CONFIDENCES1. Client trust requires protection of confidential, private information2. Improper to change jobs and use confidential info in new positionE. CONFLICT OF INTEREST1. Avoiding conflicts of interest builds trust of clients, employers (& public)2. Improper to fail to inform a prospective client that you represent a competitorF. ENHANCING THE PROFESSION1. Work to strengthen the public’s trust2. Improper to promote a product as safe when evidence suggests it’s not.2. Legal Issues in PR I. PR AND THE LAWA. LEGAL ISSUES, GROWING CONCERN FOR PRACTITIONERS1. Litigious society2. Abundance of lawyers3. Deeper involvement of PR in more complex areasB. PROBLEM: MANY PRACTITIONERS HAVE A LIMITED UNDERSTANDING OF LEGAL ISSUESII. THE FIRST AMENDMENT & CORPORATE SPEECHA. FIRST AMENDMENT1. Fear of tyranny of information2. Free marketplace of ideas3. Truth will surfaceB. CORPORATE SPEECH1. COMMERCIAL SPEECH (PRODUCT ADVERTISING) HAS A LOW LEVEL OF PROTECTION (VIRGINIA STATE BOARD OF PHARMACY V. VIRGINIA CITIZENS CONSUMER COUNCIL, 1976)2. WHEN DECIDING COMMERCIAL SPEECH REGULATION, COURTS USE A FOUR-PART TEST (CENTRAL HUDSON GAS & ELECTRIC CORP. V. PUBLIC SERVICE COMMISSION OF NEW YORK,1980)a. Speech must concern lawful activity and not mislead to be protectedb. Government interest must be substantial enough to justify regulationc. Regulation must advance government interestd. Regulation must be no more extensive than necessary to serve government’s interest3. OTHER CORP. EXPRESSIONa. POLITICAL EXPRESSION TO EMPLOYEES: PARTISAN MESSAGES LIMITED TO EXECUTIVE & ADMINISTRATIVE PERSONNEL, SHAREHOLDERS & FAMILIESb. Corporate campaign financing restrictedc. CORPORATE SPEECH ON REFERENDA & PUBLIC/SOCIAL ISSUES (FIRST NATIONAL BANK OF BOSTON V. BELLOTTI, 1978)d. Lobbying (right to petition the government) is protected and regulatedIII. COMMUNICATION MEDIAA. PRINT MEDIA1. Enjoys the greatest amount of first amendment protection2. NO RIGHT OF ACCESS, NO RIGHT OF REPLY (MIAMI HERALD V. TORNILLO, 1974)B. TELEVISION1. SUBJECT TO GOVT. REGULATION (FCC, CREATED BY COMMUNICATIONS ACT, 1934)a. Must be licensed to own and operate; must operate in the public interestb. Rationale: spectrum scarcity (no longer a real issue)2. Cable also regulated by the FCC (cable communication policy act, 1984)C. INTERNET1. RENO V. AMERICAN CIVIL LIBERTIES UNION 1997 (COMMUNICATION DECENCY ACT)2. SUPREME COURT: THE NET “DESERVES THE HIGHEST PROTECTION FROM GOVERNMENT INTRUSION”10IV. ACCESS TO GOVT. INFORMATION & MEETINGS: FREEDOM OF INFORMATION ACT, 1966; ELECTRONIC FREEDOM OF INFORMATION ACT, 1996A. Can petition the federal gov’t for most informationB. Nine restricted categories of informationC. Similar state legislation: Washington open meetings act, open records actD. RELATED: GOVERNMENT IN SUNSHINE ACT, 1976 (REQUIRES FED. AGENCIES’ POLICYMAKING & GOVERNING BOARDS TO ANNOUNCE OPEN MEETINGS; AGENCY MUST REPORT RESULTS OF CLOSED MEETINGS)V. LIBEL AND SLANDERA. LIBEL WRITTEN, SLANDER SPOKEN (NO DIFFERENCE IN REALITY)B. GENERAL REQUIREMENTS1. DEFAMATIONa. Falsehoodb. Damaging to a person’s reputation or good name2. Publication (a witness or third party)3. Identification4. Retraction (most states require before legal action)5. FAULT: PUBLISHED WITH NEGLIGENCE (A MISTAKE THAT DAMAGES OR HARMS); SIMILAR TO MALPRACTICE (FAILURE TO ACT AS OTHERS IN SIMILAR CIRCUMSTANCES)C. PUBLIC OFFICIAL/FIGURE1. PUBLIC OFFICIAL: GOVT. EMPLOYEES WITH SUBSTANTIAL RESPONSIBILITY2. PUBLIC FIGURE: INVITE OR SEEK ATTENTION 113. Additional burden of proof: malicea. knowing falsehoodb. reckless disregard for the truthD. DEFENSES1. TRUTH2. PRIVILEGE (FAIR/ACCURATE ACCOUNT OF GOVT. PROCEEDINGS/DOCUMENTS)3. Opinion defenses (fair comment)4. MEDIA LAWYERS ALSO MAY SEEK DISMISSAL VIA SUMMARY JUDGMENT OR STATUTE OF LIMITATIONSVI. PRIVACYA. FOUR TORTS (A TORT IS A LEGAL WRONG)1. Appropriation: no commercial use of name or picture without consent2. Public disclosure of private facts: