As public relations evolved, it became more apparent that practitioners could no longer act recklessly in its attempt to promote the ideas of the organization. Thus, public relations has evolved into a field that concentrates on two-way communication. It is through this study of the field of public relations that one finds that public relations has become a "socially" responsible by recognizing how law, namely communication law, fits into the structure of public relations.
Public Relations and The Law
First Amendment Rights and Limits
Defamation – is speech defined as “the publication of material that would hold one up to hatred, ridicule, contempt, or spite.
There are 2 types of defamation: libel and slander. Libel is published defamation, by written or printed words or in some other physical form. Slander is defamation by spoken words, gestures or other transitory meaning.
Public relations practitioners have to consider that “nearly every press release, news article, or advertisement holds the potential for a libel suit. At risk as well are the products and services of clients that could be disparaged in a public way.
Consider Oprah Winfrey’s 1996 airing of a segment on mad cow disease that implied that the U.S beef industry lacked protections for consumers. The program resulted in immediate financial losses to the beef industry. In the subsequent lawsuit, the court eventually ruled in favour of Winfrey, stating that she had not defamed anyone.
Libel (Criminal Libel & Civil Libel) – Individual has been found guilty of criminal libel in cases of “breach of peace” or “inciting to riot.” More important to public relations practitioners is civil libel. For a statement to be libellous, it must contain certain elements. It must be published, it must be damaging, and it must identify the injured party. Negligence must be involved, and the statement must be defamatory. If the statement involves a public figure, another element becomes of paramount important: It must involve malice.
Publication is considered to have occurred when the alleged defamation has been communicated to a third party. For example, it is “published” when the writer, the injured party, and one other person have seen or heard the remark.
Defamation deals with the words themselves or the implication behind the words. A person’s reputation (not character) has been damaged, for example, by calling him or her a terrorist, a traitor, or a liar.
Damage has occurred of the remarks reflect poorly on one’s reputation, impair one’s ability to earn a living, or restrict one’s social contacts.
Identification has occurred when readers or listeners are able to identify the person referred to, whether or not the person is specifically named.
Fault must be showed in order for the plaintiff to win a libel suit. If the wrong photograph is run with an article, if there is a typographical or mechanical error in the publication process, or if information is not carefully checked, the defendant may be found negligent.
Malice occurs when the plaintiff can prove that the defendant knew the published material was false or showed a reckless disregard for the truth. Only public figures must prove malice. Politicians, elected government officials and CEOs of corporations are obvious public figures.
Defences against Libel Charges – Truth, qualified privilege and fair comment.
Qualified privilege materials and remarks coming from official proceedings and actions of members in executive, legislative, and judicial branches of government.
Fair comment- If communication involves matters of genuine public interest, expressing critical opinion is permissible. The information must be in the public interest and supported with factual material. Examples include movie, book and the restaurant criticism, but fair comment could apply to consumer product services, or the work of charitable organisations. For the public relations professional, all communication about employees, competitors, and campaign must be researched and controversial material pretested, and when there is concern, legal advice must be sought.
What is invasion of privacy? (Appropriation, publication of private information, intrusion and false light)
Appropriation - The use of monetary gain of a person’s name, likeness, or picture without permission.
Publication of private information- concerns information that is true but not generally known by large number of people. Health, employment and student records are examples of private information for which permission must be granted before it can be shared.
Intrusion- Concerns videotaping, bugging, or snooping into others’ private affairs. It is illegal to secretly record other’s voices or actions without informing a person that the recording is being done.
False light- concerns publication of truthful information that is exaggerated or used out of context.
The best defense against invasion of privacy charges is obtaining written consent.
Freedom of Information Act (FOIA)
Passed in 1966 and amended in 1974, generally requires that all government records – documents, press releases and publications are open to the public.
Copyright Law
Public relations practitioners must have legal consent to use another’s creative expression or “intellectual property,” such as graphic designs, music to use in videos, annual report and brochure copy, photographs. And other original artistic work.
Trademark Laws
Covers the name of the business and business products. Organisations want exclusive rights to their brand or service names, logos and symbols. It would be trademark infringement to market a product with a name strongly resembling or suggestive of an existing trademark or trade name.
Contracts
Public relations practitioners often must use contracts. Independent public relations professionals need contracts between themselves and the firms or individuals they represent. Special events may require contracts with hotels, musical groups, caterers and others.
For a contract to be binding, it must meet certain legal criteria. For example, a contract must include the following:
i) A genuine, legal offer.
ii) A legally effective acceptance
iii) An agreement that includes an exchange of acts or promises, which is called “consideration.”
Some but not all contracts must be in writing, Courts often consider oral contracts binding if all legal tests have been met in the process. If obligations set out in a contract are not fulfilled, a possible breach of contract has occurred.
Litigation Public Relations
Organisations must consider whether and how relationships with clients, employees, government, and the media would be affected should they find themselves in court. Media interest in an organisation accused of wrongdoing or other reputation-damaging activities could be constant enough that, regardless of how the court case is resolved, the accused organisation is found to be less credible and trustworthy by its constituents outside the courthouse.
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