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APR Ethics, Law &Technology
 

APR Ethics, Law &Technology

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This is my annual presentation given to APR candidates for the Harrisburg Chapter of PRSA.

This is my annual presentation given to APR candidates for the Harrisburg Chapter of PRSA.

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    APR Ethics, Law &Technology APR Ethics, Law &Technology Presentation Transcript

    • Ethics, Law, & Technology
      An APR Study Presentation by:
      Joel A. Kline
      Associate Professor of Business and Digital Communications
      Lebanon Valley College
    • ETHICs
      I.
    • What is the relationship between law and ethics?
    • Is the law a litmus test for ethics?
      Can something be ethical yet be illegal…ok, stop thinking of medicinal marijuana…can something be illegal yet ethical for a PR practitioner?
    • General Ethical Principles
      Act in the public interest.
      Find the greater good for the majority of the people.
      Use honesty and integrity as your guide.
      Ensure accuracy and truth.
      Do not disseminate false and misleading information.
      If you accidentally do, correct your error immediately with all audiences.
      Deal fairly with the public.
      Respect yourself, respect others.
      When you move to a new job, leave proprietary materials related to your old job behind.
    • Specific Ethical Principles
      Accurately define what public relations strategies and tactics can accomplish.
      Do not guarantee results for things beyond your control.
      Maintain the integrity of communication channels.
      Ensure transparency with all audiences, from employees to publics.
      Maintain ethical relationships with government, regulatory agencies, media, colleagues and all
      audiences.
      Safeguard confidences.
      Build trust through protection of confidential information.
      Secure the privacy of organization and individuals.
      Do not damage the reputation of others.
      Be careful during agency pitches.
      Stick to the facts; avoid the gossip.
      Avoid conflicts of interest.
      Disclose interests of yourself and others.
      Get consent to represent conflicting views or competitors; maintain the related knowledge in
      two different areas.
      Be ready to publicly identify your clients, sources of information, etc.
    • Ethical Decision Making Guide
      Define issue/conflict
      Identify factors that influence
      Identify key values
      Identify parties affected
      Select principles
      Make a decision
    • Case Study
      You are the communications director for a school district. A school board member who has been an outstanding advocate for the district is up for re-election. He calls to ask you if you would help with his re-election campaign.
      He says he values your communications expertise and needs help to defeat his opponent, who is very vocal about reducing administrative positions in the district. He considers them “fluff.” In fact, your job as communications director is at the top of his list and will likely be the first to go.
      You know you can’t work on the campaign during the workday but agree to work from home on the incumbent’s campaign. You don’t plan on telling anyone else you are helping him because what you do on your own time is your business.
    • Why is Accreditation Important?
      Public Relation Practitioners strive to be treated as professionals:
      Specialized education and body of knowledge
      Recognized as essential service
      Autonomy and acceptance of personal responsibility
      Codes of ethics and standards
    • law
      II.
    • Legal Aspects of PR
      First Amendment
      “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
    • Dimension of the First Amendment
      Free Speech vs. Commercial Speech
      Nike case
      Depends on court – Conservative Supreme Court thinks Commercial Speech doesn’t exist
      Freedom of the Press
      NYT vs. Sullivan
      Public Officials/Celebrities v. Private Persons
      Must prove negligence
    • Legal System
      Administrative Law (FCC Rulings)
      Common Law (based on precedent)
      Constitutional Law (government relationships)
      Criminal Law
      Statutory Law (UCC)
      Plaintiff, defendant, and tort
    • Freedom of Information Act
      Act allows for full or partial disclosure on information contained in U.S. Government documents
      9 exemptions
      States also legislate Open Records laws (how much does JoePa make???)
    • Examples of FOIA Exemptions
      …established by an Executive order to be kept secret in the interest of national defense or foreign policy …
      …related solely to the internal personnel rules and practices of an agency…
      specifically exempted from disclosure by statute …
      …trade secrets and commercial or financial information …
    • Libel and Slander
      Statements or communication that diminish respect, goodwill, confidence, or esteem; or produce other adverse feelings about a person or institution.
      Sometimes referred to as defamation of character
      Slander is “spoken” Libel is written
    • Libel/Slander Conditions
      Defame someone’s reputation
      Identify victim
      Be communicated
      Malice or negligence or
      (prove injurious or damaging)
    • Libel/Slander Defense
      Truth
      Privilege
      Fair Comment
    • What is Privacy?
      Defined by Warren and Brandeis in Harvard law Review (1890) “as the right to be let alone."
      Privacy Act of 1974 recognizes this at the Supreme Court level.
    • Privacy and The Supreme Court
      The privacy issue reached the Supreme Court through the issues of abortion and contraception.
      Just a value-added tidbit that won’t be on the APR exam…that I’m aware of(!)
    • Prosser’s Categorization of Privacy
      In 1960 William Prosser, a legal scholar categorized four legal rights of privacy. Subsequently, many states and court systems have adopted his classification:
      1. Intrusion
      2. Disclosure of Private Facts
      3. False Light
      4. Misappropriation
    • Examples
      Intrusion - Galella vs. Onassis 1982
      Disclosure of private facts - 1975 case of surfer Mike Virgil v. Time (Sports Illustrated)
      False Light – Two cases of the Gills
      Misappropriation - “Here’s Johnny” Portable Toilets
    • Lawsuits to the Gills
      Same photo of John and Shelia Gill appeared in 2 publications. Two different captions appeared under the photo (which was taken without consent)
      Gill vs. Hearst (Harpers) 1953 (lost)
      Mentioned they were married…
      Gill vs. Curtis (LHJ) 1952 (won)
      “Love at First Sight…”
    • Privacy Defenses
      Newsworthiness
      Consent (age is an issue here)
      Public Record
    • Copyright
      • Copyright is created at the moment creation – tangible expression. Publication (general or limited) is what separates a creator’s ability to restrict.
      YES
      Writing, music, dramatic, pictorial, graphic, and sculpture
      NO
      Ideas, methods of operations, and utility objects (lamp)
    • Common or Statutory ©?
      Two types of copyrights exist: common law copyright and statutory copyright
      Common exists from conception. No filing required. If the owner makes a General Publication, he/she loses the right to limit copyright. Limited Publication does not limit copyright.
      Statutory requires filing with the LOC. 28 years from date and another 28 years. Heirs can inherit.
    • Copyright Fair Use
      Ability of a critic, scholar, news reporter, or PR professional to quote briefly from copyrighted works while evaluating or commenting on them.
      Purpose
      Nature
      Amount
      Effect upon the market or value of copyrighted item
    • Trademark, Trade Name, Service Mark
      General Electric
      “We bring good things to life”
      Trademark - words, names, or symbols used by companies to identify themselves
      Trade name – identifies producer
      Service mark – text that identifies a product, company, or service.
    • Financial PR
      Regulation Fair Disclosure (timing and positioning of news)
      Securities Trading (10-k, 10-Q reports)
      Fraud (insider info)
      Sarbanes Oxley
    • Sarbanes Oxley
      SOX or SARBOX
      Applies only to public companies
      Holds executives accountable by requiring them to sign financial statements
      Enforced by the SEC
      Outlines criminal penalties for corporate fraud
      Has XI titles, most of which are not germane to a financial PR practitioner (unless broken!)
    • Foreign Agents Registration Act (FARA)
      Nurse Nayirah- Babies were dumped out of incubators…and I love
      H&K… (not really a quote!)
    • FARA Requirements
      Engages in political activities
      Acts in a public relations capacity for a foreign principal
      Solicits or dispenses any thing of value within the United States for a foreign principal
      Represents the interests of a foreign principal before any agency or official of the U.S. government.
    • More Legal Fun…
      Media Access
      Due process
      Sunshine Act
      Political Expression (corporate & union)
      Lobbying
      Grassroots Lobbying
    • Questions on Law & Ethics?
    • Information technology
      III.
    • Non-exhaustive list from Study Guide
      Address/URL
      Anonymous Web surfing
      Audiocast
      Blog:
      Bookmark
      Breadcrumb trail
      Cascading style sheet
      Channel
      Chat room
      Chiclet (sp.)
      Content management system
      Cookie
      Counter
      Cybersquatting
      Digitization
      FAQ
      File transfer protocol ( FTP)
      Item
      Internet
      Narrowcast
      News feed
      Permission marketing
      Phishing
      Ping
      Podcast
      Podcasting
      Podcatcher
      Proxy server
      Punchcast
      Push technology
      Redirection
      RSS aggregator/RSSL/RSS feed
      Scraping
      Spam
      Spool
      Spyware
      Streaming media
      Syndication
    • IT on the Exam
      Only 2% of questions come from IT
      Some IT questions arise from the business literacy area
      Previous exam had case studies – terminology is more appropriate for new exam
    • Blogs
      Web logs – weblogs – blogs
      Chronological musings of people posted to the web
      2 relevant aspects for PR: should we start one? Is the company receiving neg/pos publicity on a blog?
      Daypop is one of the few solid directories (but by no means exhaustive)
    • Websites
      Webpages are essential
      Basic contact information
      Area tailored for media (or Online Newsroom)
      Clear Ownership of areas of the website should be employed
      Content Management issues
      Richness vs. Reach
    • Content vs. Presentation
      Companies of a reasonable size should separate content from presentation. This can be achieved with a dynamic or database-driven website.
      Dynamic Website Example from a Housing Authority Website
    • Other Website Issues
      Use logs and statistics to track where people go on your site
      Have a disclaimer and privacy statement
      Review any external link periodically for validity
      Pay attention to usability…sometimes designers do not
      Create consistency in message and distribution (all docs are PDFs for example)
      Have formal structures and policies for incoming information/contact us forms
      Know/Identify/Segment your audience
    • Email
      Find out whether a reporter likes email or not
      Permission marketing – do you know anyone who “opts in” for email from strangers? Me either!
      Email lists – different story. HersheyPark is one example. Achieve a balance.
      Run a successful removal program
    • News Groups
      Technical name is Usenet.
      Long History on the internet.
      Generally, groups are categorized by a common interest.
      Examples are rec., sci., alt., comp.,
      Google Groups is best place to query. Google bought déjà news which was a pioneer in displaying groups in browser.
      Tile.net is a place to locate groups and lists
      Choose correct group & don’t post PR msgs.
    • List Servers
      Different than Groups
      Basically, a broadcast email system
      Useful for special events, practitioners, and people in a common industry
      Can lurk on a list (or chat room) that might say negative things about your company.
    • Section 508 compliance
      Section 508 requires that Federal agencies' electronic and information technology is accessible to people with disabilities.
      Not applicable to state
      Often a good standard for all companies (and agencies)
    • Web 2.0 & Semantic Web
      Extensive amount of User Generated Content (UGC)
      Permits combination (mash up) of different sources of information
      Often contains extensive interactive components (e.g. social networking, video, or applications)
    • Web 2.0 Technologies
      Social Networking Sites
      Blogs (Weblogs)
      Wikis
      Video
      Twitter
      Tagging
      Mashups
    • jkline@lvc.edu orjoel@joelkline.com
      Contact Me At: