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Chapter 7:
Law, Ethics & Professionalism
AGENDA FOR TODAY:
1. Introduction to ETHICS
2. Legal aspects in PR Professionalism
PR’s Questionable Ethical Reputation
 The very term “Public Relations” implies
unethical behaviour for some people
 The late Harold Wilson, British Prime
Minister in the 1960s and 70s, is said to
have described PR as “organised lying”
 Mydin CEO claimed “public relations
excellence are associated with negative
outcomes” (Starbizweek, Saturday, 21
November, 2009).
P
U
B
L
I
C
R
E
L
A
T
I
O
N
S
Why the stigma?
 The critics probably perceive PR activities as
purely falling into the categories we have
previously described as Press
Agentry/Publicity and Two-way Asymmetrical
 Much professional public relations work can
be characterised by those two models
QUESTION
• What is Press Agentry/Publicity ??
• What about Two-way Asymmetrical??
Defining Ethics
 A value system for making decisions about what is
right or wrong in social conduct usually as
determined by standards of professions,
organizations, and individuals.
 The conduct of individuals and organisations is
measured not only against their own consciences but
also in relation to societal and professional norms.
 Different people, organisations and cultures
frequently have different standards of values.
Why Ethical Dilemmas are Especially
Common in PR
• PR frequently deals with highly controversial and sensitive
issues.
• PR deals with relationships on interpersonal, organisational
and societal levels.
• Often, there are conflicts between the needs and expectations
of diverse publics.
• E.g., employees, customers, shareholders, local
communities, pressure groups, government etc
• PR professionals must act as advocates of external and internal
publics & representing the interests of their organisations.
Ethics and Strategy
Practitioners learn to:
• Value ethics as part of a long-term strategy of
building a good name or image.
• Fully integrate public relations into decision making
functions to enhance good ethics.
Short Activity
• As a student, do you face or have been exposed to any ethical
dilemmas during your studies period?
• Please explain further
LAW AND LEGAL ASPECTS IN PR
PROFESSIONALISM
1. Defamation
2. Professional Associations in Public Relations
3. Professional Codes of Ethics
4. Freedom of Information (FOI)
5. Protected Intellectual Property
6. Contracts
1. Defamation
• Defamation is the expression of opinion,
information or fact which damages another
person’s reputation.
Defamation
• 2 Types:
• Libel: Defamation by written or printed words or in some
other physical form and published
• Slander: Defamation by spoken words, gestures, or other
transitory means.
Defamation
• The following criteria make a statement libelous:
• Publication of falsehood that is defamatory to an
individual or group that can be identified.
• Identification of injured party
• Must be “published” by communication to a third
party.
• Malice or Negligence in information handling in the
case of public figures
Defamation
PDZ loses defamation case against The Edge
Source: The Edge Financial Daily, October 31, 2018
https://www.theedgemarkets.com/article/pdz-loses-defamation-
case-against-edge
KUALA LUMPUR: The High Court of Kuala Lumpur yesterday ruled in
favour of The Edge Communications Sdn Bhd and its two journalists in
a defamation case initiated by PDZ Holdings Bhd.
PDZ Holdings had argued that it had been defamed by The Edge
Communications but High Court Senior Judge Datuk Su Geok Yiam
dismissed the civil lawsuit and ordered the shipping company to pay
the defendants’ legal fees.
2. Professional Associations in
Public Relations
• In Australia, the famous professional body for public
relations practitioners is the Public Relations Institute of
Australia (PRIA)
• There are similar bodies elsewhere, e.g. IPR (UK), PRSA (US)
and IPRS (Singapore), IPRM (Malaysia)
• There is also the International Public Relations Association
(IPRA) and the International Association of Business
Communicators (IABC)
• Code of Ethics which all members must agreed- PRSA
3.Professional Codes of Ethics
 Disciplinary action can be taken against members who
breach the Code.
 However, no licence is required to practice public
relations.
 Example: IPRM website (enter to ths website now!)
Professionalism
A practitioner should have:
 A sense of independence
 A sense of responsibility to
society and the public
interest
 Be concerned of the honor
of the profession as a whole
 A higher loyalty to the
standards of the profession
and fellow professionals
Other steps to Professionalism
 Education
 Research
 Recognition of Senior
Professionals
 Professional Development
Ethics in individual practice
• Be honest at all times
• Based on your standards-
Convey a sense of business
ethics
• Respect your opponents and
audiences
• Develop trust
• Present all sides of an issue
• Strive for a balance between
loyalty and duty
Why Does Ethics Matter to Public
Relations?
 Public relations provides a link between ethical business
behaviour and increasing the chances of achieving
corporate objectives
 Companies with good records on ethics and social
responsibility are likely to enjoy better public relations than
less ethical competitors.
• Good public relations creates a climate of acceptance for
organisations - a key source of competitive advantage
• Unethical companies may appear to succeed in the short-
run, but frequently find poor public relations is the long-
term penalty for their approach
Ethical Dealings With News Media
• BE HONEST
• UPHOLD TRUST
(ENCOURAGE)
* Anything less than this
will destroy credibility
and trust
Examples of Ethical Issues In PR
• Lying for a client
• Making exaggerated claims
• Using deception to gather
information
• Offering expensive gifts or
other benefits to journalist,
politicians
• Conflict of interest
• Insider Trading
• Accepting benefits
/commissions from suppliers
or anyone to whom you
refer business
4. Freedom of Information (FOI)
• The Freedom of Information Act opens many governmental
records to public [and practitioner] scrutiny. Most popular
use:
“Obtaining information about labor unions, advocacy groups
and others which the corporation may come into conflict”.
• FOI Act Limits Privacy of Public Officials:
• Public officials and government enjoy much less privacy than do
individuals in the private sector due to the Freedom of Information
Act .
• Applies to:
• Opinions in settled cases.
• Statements of policy.
• Staff manuals affecting the public.
Freedom of Information in Malaysia
• Government to draft Freedom of
Information Act to replace
Official Secrets Act
• Source: News Straits Times, July
18, 2019,
https://www.nst.com.my/news/n
ation/2019/07/505404/govt-
draft-freedom-information-act-
replace-official-secrets-act
• https://www.pmo.gov.my/2019/
07/freedom-of-information-act-
in-place-of-official-secret-act-dr-
mahathir/
• https://www.thestar.com.my/ne
ws/nation/2018/09/05/the-
importance-of-having-freedom-
of-information-laws
5. Protected Intellectual Property
• Intellectual creations [original writings and works of
creative art] generally are owned by their creators –
individuals or organizations. They are subject to
protection under copyright and trademark law.
 Copyright refers to the legal protection afforded to the
author or of a formalized method of communication or
artistic expression such as…
 books, movies, plays, music, dances, songs, sculptures,
pictures and other tangible fixed formats.
YOU CAN USE COPYRIGHTED MATERIAL UNDER THE
ACT’S FOR ‘FAIR USE’ PROVISIONS IF …
 Use is for non-commercial purposes
 Content is not taken out of context
 Credit is given to the source
 The commercial value of the work is not materially
reduced
What Are Trademarks?
 Refers to the names and logos of products or product
brands which are legally protected for exclusive or
licensed commercial use.
 Corporations often seek to protect their trademarks from
others who could profit from them.
 Trademark Examples:
 Product names such as Kleenex
 Brand names like Chevrolet, Xerox and Colgate
 Graphic renderings of those names in specific type
faces and/or with accompanying artwork
Trademarks
Ways on how public relations can protect
the trademarks of their clients
• organizational literature and graphics. Lack supervision can
cause loss of trademark protection.
• Distribute trademark brochures to editors and reporters and
place advertisements in trade publications designating
names to be capitalized.
• Educate employees as to what the organization’s
trademarks are and how to use them correctly.
• Monitor the mass media to make certain that trademarks
are used correctly. If they are not, send a gentle reminder.
6. Contracts
 Legal documents that specify the
actions and expectations of two or
more parties for the protection of
each.
 Contracts stipulate (agrees to a
condition in agreement…)
 What each can do in the
relationship
 Under what circumstances they
can act
 What monetary and/or
productive compensation will
be received

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ethics and professionalism in PR.pptx

  • 1. Chapter 7: Law, Ethics & Professionalism AGENDA FOR TODAY: 1. Introduction to ETHICS 2. Legal aspects in PR Professionalism
  • 2. PR’s Questionable Ethical Reputation  The very term “Public Relations” implies unethical behaviour for some people  The late Harold Wilson, British Prime Minister in the 1960s and 70s, is said to have described PR as “organised lying”  Mydin CEO claimed “public relations excellence are associated with negative outcomes” (Starbizweek, Saturday, 21 November, 2009). P U B L I C R E L A T I O N S
  • 3. Why the stigma?  The critics probably perceive PR activities as purely falling into the categories we have previously described as Press Agentry/Publicity and Two-way Asymmetrical  Much professional public relations work can be characterised by those two models QUESTION • What is Press Agentry/Publicity ?? • What about Two-way Asymmetrical??
  • 4. Defining Ethics  A value system for making decisions about what is right or wrong in social conduct usually as determined by standards of professions, organizations, and individuals.  The conduct of individuals and organisations is measured not only against their own consciences but also in relation to societal and professional norms.  Different people, organisations and cultures frequently have different standards of values.
  • 5. Why Ethical Dilemmas are Especially Common in PR • PR frequently deals with highly controversial and sensitive issues. • PR deals with relationships on interpersonal, organisational and societal levels. • Often, there are conflicts between the needs and expectations of diverse publics. • E.g., employees, customers, shareholders, local communities, pressure groups, government etc • PR professionals must act as advocates of external and internal publics & representing the interests of their organisations.
  • 6. Ethics and Strategy Practitioners learn to: • Value ethics as part of a long-term strategy of building a good name or image. • Fully integrate public relations into decision making functions to enhance good ethics.
  • 7. Short Activity • As a student, do you face or have been exposed to any ethical dilemmas during your studies period? • Please explain further
  • 8. LAW AND LEGAL ASPECTS IN PR PROFESSIONALISM 1. Defamation 2. Professional Associations in Public Relations 3. Professional Codes of Ethics 4. Freedom of Information (FOI) 5. Protected Intellectual Property 6. Contracts
  • 9. 1. Defamation • Defamation is the expression of opinion, information or fact which damages another person’s reputation.
  • 10. Defamation • 2 Types: • Libel: Defamation by written or printed words or in some other physical form and published • Slander: Defamation by spoken words, gestures, or other transitory means.
  • 11. Defamation • The following criteria make a statement libelous: • Publication of falsehood that is defamatory to an individual or group that can be identified. • Identification of injured party • Must be “published” by communication to a third party. • Malice or Negligence in information handling in the case of public figures
  • 12. Defamation PDZ loses defamation case against The Edge Source: The Edge Financial Daily, October 31, 2018 https://www.theedgemarkets.com/article/pdz-loses-defamation- case-against-edge KUALA LUMPUR: The High Court of Kuala Lumpur yesterday ruled in favour of The Edge Communications Sdn Bhd and its two journalists in a defamation case initiated by PDZ Holdings Bhd. PDZ Holdings had argued that it had been defamed by The Edge Communications but High Court Senior Judge Datuk Su Geok Yiam dismissed the civil lawsuit and ordered the shipping company to pay the defendants’ legal fees.
  • 13. 2. Professional Associations in Public Relations • In Australia, the famous professional body for public relations practitioners is the Public Relations Institute of Australia (PRIA) • There are similar bodies elsewhere, e.g. IPR (UK), PRSA (US) and IPRS (Singapore), IPRM (Malaysia) • There is also the International Public Relations Association (IPRA) and the International Association of Business Communicators (IABC) • Code of Ethics which all members must agreed- PRSA
  • 14. 3.Professional Codes of Ethics  Disciplinary action can be taken against members who breach the Code.  However, no licence is required to practice public relations.  Example: IPRM website (enter to ths website now!)
  • 15. Professionalism A practitioner should have:  A sense of independence  A sense of responsibility to society and the public interest  Be concerned of the honor of the profession as a whole  A higher loyalty to the standards of the profession and fellow professionals Other steps to Professionalism  Education  Research  Recognition of Senior Professionals  Professional Development
  • 16. Ethics in individual practice • Be honest at all times • Based on your standards- Convey a sense of business ethics • Respect your opponents and audiences • Develop trust • Present all sides of an issue • Strive for a balance between loyalty and duty
  • 17. Why Does Ethics Matter to Public Relations?  Public relations provides a link between ethical business behaviour and increasing the chances of achieving corporate objectives  Companies with good records on ethics and social responsibility are likely to enjoy better public relations than less ethical competitors. • Good public relations creates a climate of acceptance for organisations - a key source of competitive advantage • Unethical companies may appear to succeed in the short- run, but frequently find poor public relations is the long- term penalty for their approach
  • 18. Ethical Dealings With News Media • BE HONEST • UPHOLD TRUST (ENCOURAGE) * Anything less than this will destroy credibility and trust
  • 19. Examples of Ethical Issues In PR • Lying for a client • Making exaggerated claims • Using deception to gather information • Offering expensive gifts or other benefits to journalist, politicians • Conflict of interest • Insider Trading • Accepting benefits /commissions from suppliers or anyone to whom you refer business
  • 20. 4. Freedom of Information (FOI) • The Freedom of Information Act opens many governmental records to public [and practitioner] scrutiny. Most popular use: “Obtaining information about labor unions, advocacy groups and others which the corporation may come into conflict”. • FOI Act Limits Privacy of Public Officials: • Public officials and government enjoy much less privacy than do individuals in the private sector due to the Freedom of Information Act . • Applies to: • Opinions in settled cases. • Statements of policy. • Staff manuals affecting the public.
  • 21. Freedom of Information in Malaysia • Government to draft Freedom of Information Act to replace Official Secrets Act • Source: News Straits Times, July 18, 2019, https://www.nst.com.my/news/n ation/2019/07/505404/govt- draft-freedom-information-act- replace-official-secrets-act • https://www.pmo.gov.my/2019/ 07/freedom-of-information-act- in-place-of-official-secret-act-dr- mahathir/ • https://www.thestar.com.my/ne ws/nation/2018/09/05/the- importance-of-having-freedom- of-information-laws
  • 22. 5. Protected Intellectual Property • Intellectual creations [original writings and works of creative art] generally are owned by their creators – individuals or organizations. They are subject to protection under copyright and trademark law.  Copyright refers to the legal protection afforded to the author or of a formalized method of communication or artistic expression such as…  books, movies, plays, music, dances, songs, sculptures, pictures and other tangible fixed formats.
  • 23. YOU CAN USE COPYRIGHTED MATERIAL UNDER THE ACT’S FOR ‘FAIR USE’ PROVISIONS IF …  Use is for non-commercial purposes  Content is not taken out of context  Credit is given to the source  The commercial value of the work is not materially reduced
  • 24. What Are Trademarks?  Refers to the names and logos of products or product brands which are legally protected for exclusive or licensed commercial use.  Corporations often seek to protect their trademarks from others who could profit from them.  Trademark Examples:  Product names such as Kleenex  Brand names like Chevrolet, Xerox and Colgate  Graphic renderings of those names in specific type faces and/or with accompanying artwork
  • 26. Ways on how public relations can protect the trademarks of their clients • organizational literature and graphics. Lack supervision can cause loss of trademark protection. • Distribute trademark brochures to editors and reporters and place advertisements in trade publications designating names to be capitalized. • Educate employees as to what the organization’s trademarks are and how to use them correctly. • Monitor the mass media to make certain that trademarks are used correctly. If they are not, send a gentle reminder.
  • 27. 6. Contracts  Legal documents that specify the actions and expectations of two or more parties for the protection of each.  Contracts stipulate (agrees to a condition in agreement…)  What each can do in the relationship  Under what circumstances they can act  What monetary and/or productive compensation will be received