Management

Topic 3 Ethics and the law

PR0307 Campaign Management

Lecture Objectives

• To understand the legal issues and principles that impact on communication by PR professionals

• To consider the ethical implications of communication practices

Ethics vs Law

• Ethical responsibilities go beyond our legal obligations, often

taking us to uncertain territories (Breit, 2007)

• Laws must be grounded in ethical principles for their justified

legitimacy (Spence, 2005)

• Laws : what we can and can’t do

• Ethics : what we should and shouldn’t do

 Ethical PR – an oxymoron?

Laws Affecting Communications

• Understanding laws at local, state and federal levels; global vs country levels

• Working closely with lawyers to help with areas covering communications laws

• Promoting a culture of legal compliance within organisations eg handling complaints, channelling media queries to appropriate spokespersons, protecting consumers personal data.

Protecting Reputation

• National uniform defamation laws (2006- Aust. & 1983- M’sia)) – protects a person’s reputation from unjustified harm through publication (or broadcast)

• If you damage someone’s reputation, then anyone involved in the dissemination can be sued for financial compensation

• Two forms of defamation – libel and slander

Defamation in cyberspace

 http://www.smh.com.au/technology/technology- news/the-tweet-that-cost-105000-20140305-341kl.html

 http://www.watoday.com.au/nsw/150000-facebook- post-that-destroyed-a-former-deputy-principals-life- 20160807-gqmxqf.html

Example of privacy policy

 http://www.pria.com.au/privacy

Protection of Works

• Copyright Act (1968-Aust & 1987-M’sia) – grants exclusive rights to the owners, authors & creators of original material

- Users must obtain permission or pay any licence or royalty fee before using copyright material

- Also exists in publications on the internet

- Need to understand expiry dates & extent of the copyright (eg held by employer)

Copyright and YouTube case

 https://theconversation.com/who-really-suffers-in- michelle-phans-youtube-copyright-case-29691

Cash for comment

 Paying bloggers/Instagrammers for comment

 Originated in radio

 Echoes in “advertorial”

 http://www.podlegal.com.au/disclosure-requirements- for-bloggers-and-internet-advertisers-a-lesson-from- australia-post/

Ownership of contacts!

 http://www.podlegal.com.au/who-owns-your-social- media-contacts-you-or-your-employer/

Protection of Personal Information

• SPAM Act (2003-Aust.)- it is illegal to send, or cause to be sent, unsolicited commercial electronic messages. The Act covers email, instant messaging, SMS and MMS (text and image-based mobile phone messaging) of a commercial nature. It does not cover

faxes, internet pop-ups or voice telemarketing. (equivalent act in M’sia-Communications & Multimedia Act 1998)

• Unsolicited commercial messages have to clearly state that it is an advertisement in its message

• There must be an ‘opt out’ or ‘unsubscribe’ option for those who want to be taken off the mailing list

Preserving Authenticity

• Trade Practices Act (1974) – outlaws misleading and deceptive means to lead the ‘person to error’

- the aggrieved people need to show some connection between the misleading/deceptive conduct and the damage suffered in order to recover damages

- astroturfing, greenwashing are not illegal but unethical practices aimed against activism

Schoolgirls find there's no C in Ribena Global drugs giant GlaxoSmithKline was forced into another embarrassing admission today after two 14- year-olds from New Zealand found its popular blackcurrant drink Ribena contained almost no vitamin C.

http://www.theage.com.au/news/business/schoo lgirls-find-theres-no-c-in- ribena/2007/03/27/1174761428892.html

Protecting Administration of Justice

• Contempt of Court – protect the administration of justice to allow a ‘fair trial’. It regulates:

- What can be published about matters before the court; about judge or jury

- How people conduct themselves in court (including witnesses and officers of the court)

- Ensuring people do what the court orders them to do

- Beware of scandalising & interfering with the court proceedings that will interfere with administration of justice

Distributing false information

 http://www.abc.net.au/news/2014-07-25/jonathan- moylan-judgement-for-fake-anz-press-release/5624542

Distributing false information

 http://www.ferret.com.au/c/ferret-www-ferret-com- au/controversial-james-hardie-asbestos-case-finally- comes-to-a-close-n1830317

Public relations bodies

PRIA in Australia

MIPR in Malaysia

IPRS in Singapore

PRINZ in New Zealand

PRSA in America

CIPR in the UK

PRISA in South Africa

FERPI in Italy

……..

Global Alliance for Public Relations and Communications Management

International Public Relations Association

International Association of Business Communicators

Ethics

• Personal ethics – universal vs cultural values, ability to distinguish between right & wrong

• Professional obligations – to the client or organisation one is working for

• Public Interest – one that serves the good of the community

• PRIA Code of Ethics/Conduct - written principles of ethical behaviour which should be followed by members.

•  Good ethical practice involves questioning and making

moral judgements

Of Russia, roubles and reasons

The tale of zakazukhi (or “zakazukha”) (Wilcox, Cameron, Ault and Agee, 2003: 381)

Are there any other, potentially unethical examples you can think of?

As Australian PR practitioner in Moscow, would you go along with the practice of zakazukhi?

How realistic is the IPRA commitment to “eliminate” “zakazukhi”,( or other bribe related, society engrained practices)

Challenges in Communication

• New media technology – authenticity & integrity of information, sources and images

- social media continuously pushes boundaries for ethical behaviour

• Review potential legal issues – get written permission for quotes, photos, copyright material; check accuracy of information

• Consider likely impact on publics – transparency, accountability and responsibility

• Ask questions, clarify doubts with relevant expertise/authorities

Summary

• Laws are evolving to keep up with technology

• You must keep up-to-date with legal and ethical issues within your practice.

• Global reach of communications mean that you may have to consider laws and ethics of different countries – not just where you are practising.

PLEASE COMPLETE ALL POST- WORKSHOP and PRE-WORKSHOP

ACTIVITIES ON MYUNITS BEFORE NEXT WEEK’S WORKSHOP (CLASS)