Chapter 15 Flashcards
Statue of Responsibility
in democratic societies, most free speech is self-regulating
acceptability determined by public opinion/tolerance
PR - balance benefits/responsibilities of free speech
academic freedom = better explore controversial subject matter to better understand world around us within disciplines of study
PR and the law
difference between legal & ethical
ignorance of law is no excuse
this is litigious society
PR should know laws that govern practice
Practitioners and law
48% familiar with practitioner malpractice laws
45% unfamiliar with laws pertaining to financial public relations
40% unfamiliar with laws pertaining to commercial speech
first amendment
legal framework for nation’s social, political, commercial discourse
comes into conflict with other guaranteed rights/social interests
PR on cutting edge of evolution of free expression
Political speech
expression associated with the normal conduct of a democracy
courts reluctant to regulate it
commercial speech
expression intended to generate marketplace transactions
courts regulate it in public interest
PR as Speech
can be either political OR commercial speech
depends on targeted public, message purpose, Supreme Court interpretation
practitioners need to know limits of both types of speech
Business differences
organizations often operate under specific laws regarding handling of info (depending on legal status)
Public agencies operate in the “sunshine”
nongovernment agencies enjoy higher degree of privacy but may still face certain disclosure obligations
Federal trade commission
1914 - to ensure fair marketplace
generates most federal regulation of advertising/product-related publicity
Targets false/misleading ad/publicity and US DO NOT CALL registry
SEC (Securities and Exchange Commission)
1934 - ensure fairness in financial markets
Disclosure - beliefe all publicly held companies have obligation to disclose important investor information
Insider Trading - market transactions based on info not available to public
Regulation FD
requires businesses to operate within the spirit of financial disclosure laws
Sarbanes-Oxley
CEOS and CFOs held personally responsible for truthfulness of financial statements
Federal Communications Commission (FCC)
1934 - bring order to broadcast airwaves
Equal opportunity provision - equal access to broadcast media for qualified candidates
Personal Attack Rule - obliges stations offer free airtime and reasonable opportunity to respond to character attacks
Recent controversy over easing broadcast ownership rules
Food and Drug Administration
Created to protect, promote, enhance health of consumers
sets communcation rules for products/services
labelling/promotion of prescription drugs
oversees direct-to-consumer advertising
Health Canada
oversees direct-to-physician advertising
Libel
a false communication that wrongfully injures the reputation of others
Defamatory libel in Canada
301. Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years
pre-1964 burdens of proof in Libel
defamation: communication that unfairly injures person’s reputation and/or ability to maintain social contacts
publication: communication of defamatory statement to third party
Identification: person alleging libel has to be identified in a way that a reasonable person could infer that the defamatory statements applied to plaintiff
Damage and Fault (pre-1964)
damage: evidence that person/org has suffered injury/damage as result of defamation
Fault: proof that defamatory statement is untrue
New York Times v Sullivan**
public officials/figures face higher burden of proof in libel cases - needs to be
Actual Malice: “knowing falsehood or reckless disregard for the truth”
Common law libel
legal rules/principles that originate from judicial decisions
Food disparagement
veggie libel laws, designed to protect local industries from unfair media coverage
Right to privacy
not in constitution, has evolved over the years
“the right to be left alone; the right of a person to be free from unwarranted publicity”
the right and reality of privacy are very different things in digital age
Four Torts of Privacy (AFIP)
Appropriation, False Light,
Intrustion, Publication of Private Facts,
Intrusion:
improper/intentional invasion of person’s physical seclusion/private affairs (hinges on reasonable expectation of privacy)
False Light:
presenting a person in a way that distorts reality
publication of private facts:
public disclosure of true personal information that is embarrassing and potentially offensive
must demonstrate the information is neither newsworthy nor a matter of public record
Appropriation:
commercial use of name/voice/likeness/characteristics w/o consent
Privacy in Canada**
Office of the Privacy Commissioner of Canada
Privacy Act
Personal Information Protection and Electronic Documents Act (PIPEDA)
Office of Information and Privacy Commission of Alberta
The Freedom of Information and Protection of Privacy Act (FOIP)
Health Information Act (HIA)
Personal Information Protection Act (PIPA)
Access to Motor Vehicle Information Regulation (AMVIR)
Copyright
Unlike privacy, copyright protections are specifically mentioned in the Constitution
Protects Intellectual property, defined as original works of authorship that are fixed in a tangible form of expression
Copyright Guidelines
copyright protection exists from the moment a work is created in a fixed, tangible form - does not protect work that has 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 Guidelines Continued
can grant limited use while retaining ownership
Do not protect ideas, methods, systems, processes, concepts, principles, and discoveries
extend to the internet
public documents may not be copyrighted
Using Copyrighted Materials
Fair use - use of copyrighted material without owners permission for generally non-commercial purposes
to assert copyright protection, the work in question should bear a copyright notice
Digital Millenial Copyright Act
1998 - rules for downloading, sharing, viewing copyrighted info on internet
- makes it illegal to circumvent anti piracy measures
- makes certain exemptions to copy and share material for educational/noncommercial use
Trademark law
word, symbol, design used to identify wares/services of one person/organization from others
ordinary marks, certification mark, distinguishing guise
Litigation Public relations
Use of mass comm techniques to influence surrounding legal cases
conflicts first amendment (free speech/press) and sixth amendment (rights to fair and open trials)
Different views on LPR
some - wrong for lawyers to try clients’ cases in the media
others – necessary to balance the scales of justice
- rules governing pretrial publicity are evolving/hard to enforce
Use of LPR Tactics
survey - most attorneys don’t use LPR, but majority favour its use
LPR practitioners work for attorney, not client
Lawyers have legal immunity - practitioners do not
Pros and Cons of LPR
Pro - people/companies have a right to defend themselves in court of public opinion
Con - events outside of courtroom should not influence trial
