Ethics and Law Flashcards
absolutism
Things are completely right or completely wrong
e.g., You cannot exaggerate the qualities of a product if your client asked you to
existentialism
“rightness” or “wrongness’
You can pick your spots on the continuum (i.e., “frame” the truth in a favorable light)- personal value system
utilitarian
The ends justify the means
Goal: Harm the fewest number of people, bring joy to the most
ethical advocates? point-
“Traditional ethics prohibits a person from taking an advocacy role because that person is ‘biased’ and trying to ‘manipulate’ people”
ethical advocates? counterpoint-
People expect PR practitioners to be advocates
Advocacy efforts must be truthful
PRSA and PRSSA are
Professional organizations strive to educate and preserve the name of public relations
Provides guiding standards for the industry
The International Association of Business Communicators
The second-largest organization of communication and public relations professionals
The International Public Relations Association
A London-based global organization
“Act with honesty and integrity at all times so as
to secure the confidence of those with whom
the practitioner comes in contact”
First article in the Code of Brussels (IPRA)
Typically not enforced in the form of sanctions
Have been called “toothless” by many
internet transparency
Typically concerned with disclosure of sources for internet content (e.g., product reviews)
No paid posts
Respect copyright laws
Respectful voice
video news release
attempts to capitalize on 3rd party credibility to sell a product or service
financial info
Response to recent corporate scandals (Enron, WorldCom, Tyco)
Must exercise independent professional judgment
Keep track of financial laws and regulations
Ensure full and fair disclosures
corporate practice codes cover things like…
Truth and accuracy in communications
Confidentiality rules and practices and safeguarding of client proprietary information
Rules about gift giving
Abuse of insider information
professionalism
professional practitioners should have
A sense of independence
A sense of responsibility to society and public interests
Concern for the competence and honor of the profession
A higher loyalty to the profession than to an employer
licensing: advocates
Defines PR, unifies curricula, unifies standards, protects clients, protects practitioners, raises practitioners’ credibility
licensing: opponents
Violates 1st amendment, malpractice laws exist, states license but PR works nationally/internationally, ensures only minimum competence/ethics, increased credibility not ensured, expensive
accreditation
voluntary process of “certification” by professional organizations
- present portfolio of work
- demonstrate knowledge through exam
stringent standards for behavior?
ethics
minimum standards for behavior?
law
law’s purpose it to maintain stable society
resolve disputes
protect property
preserve gov’t
law is based on
‘musts’
ethics based on
‘oughts’
defamation
False statements about a person or organization that have
negative impacts on public perceptions
The following are required for defamation
A false statement was communicated to others through print, broadcast or electronic means
The person was identified, or identifiable
There is injury in terms of financial loss, reputation damage, mental suffering
The person making the statement was malicious or negligent
copyright infringement
Unauthorized use of works protected by copyright
One cannot copyright an idea, but can copyright the expression of that idea
E.g., Amazon:
fair use exceptions when
Quoting small amounts of text from copyrighted work Quoting information in a news story Parody & artwork e.g., dumb Starbucks Education
Federal Trade Commission
Ensure advertisements are not deceptive
Also monitors news releases, brochures, social media posts, etc.
Securities and Exchange Commission
Monitors financial affairs of publicly traded companies
Focuses on things like insider trading, releasing misleading financial information, failing to disclose information in a timely manner
Often most relevant for those in Investor Relations (IR)
Federal Communications Commission
Ensure public airways are used for public interest
Concerns about source attribution for VNRs are purview of FCC
Increasingly involved in regulating the internet, including issues of net neutrality
Food and Drug Administration (FDA)
Has guidelines for communication on health topics
Provide benefit AND risk information for drug treatments
Disclose limitations of the treatment (e.g., pregnant women)
Provide full prescribing information
Other legal (and ethical) issues
Employers must be aware of discriminatory hiring policies
Should employers be monitoring employee communications?
To what degree? And, how?
PR practitioners must be aware of basic liability laws, especially when planning events, tours, etc.
Increasingly, PR practitioners are being asked to understand the role of the legal team and to work with that group to avoid and combat litigation …
