Ethics and the Law

Question 1

The general underlying principles of ethics in PR

Answer 1

1. Act in the public interest
2. Use honesty and integrity as your guide.
3. Avoid actual or apparent conflicts of interest.
4. Ensure truth and accuracy
5. Deal fairly with all publics

Question 2

Additional principles of ethics in PR

Answer 2

1. Do not guarantee results for areas beyond your control.
2. Maintain the integrity of the communications channels
3. Safeguard confidences
4. Do not damage the reputation of others
5. Avoid conflicts of interest

Question 3

The 6 steps for making an ethical decision

Answer 3

1. Define the specific ethical issue or conflict
2. Identify internal and external factors that may influence the decision
3. Identify key values that should guide your thinking
4. Identify individuals and publics who will be affected by the decision and define your obligations to each
5. Select ethical principles to guide your decision-making process
6. Make your decision and justify it.

Question 4

Addresses political or social issues and has First Amendment protection.

Answer 4

Corporate speech

Question 5

Deals with a transaction or desire for profit. Has fewer legal protections. The FTC can fine public relations practitioners for misleading or incorrect information included in news releases or other promotional messages

Answer 5

Commercial speech

Question 6

Gives citizens access to much of the information that the federal government collects.

Answer 6

Freedom of Information Act

Question 7

Governs the information the federal government may keep on individuals.

Answer 7

Privacy Act

Question 8

Limits disclosure of an individual’s medical information by health care and insurance providers

Answer 8

Health Insurance Portability and Accountability Act (HIPPA)

Question 9

Established to protect the original creator of a work and to provide an economic incentive for new knowledge.

Answer 9

Copyright law

Question 10

An author who creates a tangible expression of ideas acquires this right to ownership until the author dedicates work to the public by a general publication or surrenders this right

Answer 10

Common law copyright

Question 11

The overt act that indicates the intention to surrender one’s right to control one’s creative expression and allow the public to copy the material. If the author has not secured statutory copyright and does not use the copyright symbol, the author has no further right to prevent use by the public.

Answer 11

General publication

Question 12

Delivery of a manuscript to a possible purchaser, with no loss of common law rights to the author

Answer 12

Limited publication

Question 13

When an author submits their works to the LIbrary of Congress and displays the copyright symbol on the material

Answer 13

Statutory copyright

Question 14

The contract between an organization and a nonemployee who takes photos, creates artwork or writes text determines who owns the copyright.

Answer 14

Ownership of copyright for work by contractors, employees

Question 15

Untruth that damages reputation

Answer 15

Defamation

Question 16

Written or pictorial defamation

Answer 16

Libel

Question 17

Spoken or verbal defamation

Answer 17

Slander

Question 18

The three conditions one must prove to show defamation

Answer 18

1. Hatred
2. Contempt
3. Ridicule
   (Damage must also be proven)

Question 19

The five elements that must be present to be actionable for libel

Answer 19

1. Defamation
2. Identification
3. Communication (publiciation/broadcast)
4. Fault (malice/negligence)
5. Damage

Question 20

The four defenses of libel

Answer 20

1. truth
2. privilege
3. fair comment
4. retraction (promptly and in full)

Question 21

A libel defense based on the argument that the statement was either true or privileged (taken from a public document).

Answer 21

Fair comment

Question 22

Enacted Oct 28, 1998 to deal with special challenges of regulating digital material to protect the rights of both copyright owners and consumers

Answer 22

Digital Millennium Copyright Act

Question 23

Allows use of parts of copyrighted materials without violating copyright laws and without paying a fee. For criticism, comment, news reporting, teaching, scholarship or research. Does not apply to commercial use.

Answer 23

Fair use

Question 24

Public relations practitioners working for a foreign principal, whether as a lobbyist or not, must register under this act

Answer 24

Foreign Agents Registration Act of 1938

Question 25

Requires anyone in a public relations or related position who represents a foreign government to register and label lobbying materials as “political propaganda”

Answer 25

The Lobbying Disclosure Act of 1995

Question 26

Rights or entitlements that apply to the ownership and use of certain types of information, ideas, or other creative concepts in an expressed (fixed) form.

Answer 26

Intellectual property

Question 27

1964 US Supreme Court decision determining public figures must prove actual malice to win a libel case

Answer 27

New York Times v. Sullivan

Question 28

Ensures an individual’s right to be left alone. This right may be violated if names, likenesses and/or information are used for commercial purposes. A violation occurs in the injury of feelings even if no reputation damage is done. Securing official permission protects an organization.

Answer 28

Right of Privacy

Question 29

Taking some element of a person’s name or likeness for advertising or trade purposes without consent.

Answer 29

Appropriation

Question 30

Invading a person’s solitude, such as recording someone without permission

Answer 30

Intrusion

Question 31

Putting a person in a false position before the public

Answer 31

False Light

Question 32

The four kinds of wrongful acts against privacy

Answer 32

1. Appropriation
2. Intrusion
3. Public disclosure of embarrassing private facts
4. False light

Question 33

The term used of extensive word-for-word copying of someone else’s work

Answer 33

Slavish copying