LC3117 CLE WEEK 2-5 FINAL NOTES

Ethics, Morals, Ethical Framework, Freedom, Human Rights, Open Justice, Code of Ethics, Privacy Rights, Personal Information, OECD Information Privacy Principles, National Privacy Principles, Models of IPP, Consent, Legal Protection of Privacy Interest, Privacy of Conversation, Breach of Confidence, Trespass

Ethics

Branch of moral philosophy which examines moral questions

Morals

• What "WE” believe to be right or wrong.

• Modes of conduct

• Implies conformity to established sanctioned codes or accepted notions of right/wrong

Communication Laws

Practices relating to the policies & rules that govern the creation, regulation, use/exchange of information using technologies

Ethical Framework / Moral Standards

• Set of codes that an individual uses to guide their behaviour

• How people make decisions to distinguish right/wrong in their interactions with the world

• Ethical reasoning = main reason for decision-making

Types of Normative-Prescriptive Ethics (TCD)

1. Teleological (promotes well-being based on natural law)

2. Consequentialism (judged by ends/outcomes of actions)

3. Deontological (emphasises duties, rules, & principles)

Freedom & Its Morality

• The right & ability of people to decide their own actions in a community, allowing for the full development of human potential

• The power/right to act, speak, or think freely

• It is a basic human right

4 TYPES OF FREEDOM (SFWW)

1. Freedom of Speech/Expression

2. Freedom from Fear

3. Freedom from Worship

4. Freedom from Wants

5 SPECIFIC TYPES OF FREEDOM (2P 2S N)

1. Physical Freedom

2. Political Freedom

3. Spiritual Freedom

4. State Freedom

5. National Freedom

CONCEPTS OF FREEDOM

• Not absolute, must balance with societal duties

• Basic rights have limits due to public order, national security, moral values, & respecting others

• Only freedom of thought, conscience, & opinion have minimal restrictions

HUMAN RIGHTS

• Essential value for a person’s protection, well-being, & development

• Universal to ALL humans

• Basic rights & freedoms that people are entitled to

  • Right to life

  • Freedom from slavery & torture

  • Freedom of opinion & expression

  • Right to work & education

FREEDOM OF SPEECH & LIMITATIONS

• Must be balanced with other rights & community interests

• Limitations include:

  • Right to hold opinions without interference

  • Right to freedom of expression (to seek, receive, & impart information)

PRINCIPLE OF OPEN JUSTICE (OJ)

• Justice should be visible & evident in its application to result in fair outcomes

• Legal proceedings & administration of justice should be transparent, accessible & visible to the public to ensure accountability, fairness, & public trust in the legal system

  • Everyone treated equally

  • Everyone entitled to a fair & public hearing

  • Hearing conducted by a competent, independent & impartial tribunal

  • Hearing open to the public & press (except in certain circumstances)

PRACTICES OF OPEN JUSTICE

1. Courts follow natural justice rules for fairness

2. Courts explain their decisions & prevent process abuse

3. Courts maintain public confidence & consider public interest when enforcing the law

7 OPEN JUSTICE DIMENSIONS

1. Equal Treatment Before the Law

2. Open Court Proceedings

3. Public Reporting of Court Proceedings

4. Rules of Natural Justice

5. Right to Legal Representation

6. Presumption of Innocence

7. Judicial Independence

PURPOSE OF OPEN JUSTICE

1. Public Accountability

2. Fair & Accurate Reporting

3. Public Review of Evidence

CODE OF ETHICS

• A set of guidelines in professional societies & organisations (e.g. universities & corporations)

• It outlines the rights, duties, & responsibilities of members

• Guides ethical decision-making

CODE OF ETHICS IN PROFESSIONAL COMMUNICATION

1. Accurate Communication

2. Principles Support

3. Cultural Sensitivity

4. Ethical Conduct

5. Legal Compliance

6. Credibility & Dignity

7. Confidentiality

8. Conflict of Interest

9. Honesty & Truth-Seeking

10. Gifts & Payments

11. Result Guarantees

12. Attribution of Sources

COE: ADVERTISING & MARKETING

• Ads should tell the truth, reveal significant facts, and avoid misleading or deceiving the public

• No Puffery (exaggerated claims)

COE: ENTERTAINMENT

• Truth may be immaterial in fictional content

• Not held to the same ethical standards as other communication professionals

• Avoid stereotyping & displaying sexual or violent content

COE: PUBLIC RELATIONS

• Foster trust in marketing system & embrace ethical values like honesty, responsibility, fairness, respect, transparency & citizenship

• Don’t give or receive bribery (luxury gifts or money)

• Must protect privacy rights of clients

COE: JOURNALISM

• Information Accuracy

• Image Manipulation

• Fair Reporting

• Source Identification

• Misrepresentation

PRIVACY

• Right of being alone & free from public attention/observation, or disturbances from other people

• Governs privacy of personal information, communication, behaviour, & as a person

• Protected by many laws, difficult for companies to collect personal information

PERSONAL INFORMATION

• Any information/opinion, whether true or false, recorded or unrecorded, about a person whose identity is clear or can be reasonably figured out from that information/opinion

• The Privacy Act provides guidelines on how personal information should be handled

OECD: 7 INFORMATION PRIVACY PRINCIPLES

1. Manner & Purpose of Collection

2. Collecting Information Directly from Individual

3. Collecting Information Generally

4. Storage & Security

5. Access & Amendment

6. Information Use

7. Disclosure

NATIONAL PRIVACY PRINCIPLES’ PURPOSE

• Right to Know: Individuals have the right to know or correct inaccurate information held by non-government entities

• Reasonable Notification: Orgs must inform individuals about the collection, purpose, & potential sharing of their personal information

• Restrictions: Specify orgs limits on how they can use, disclose, or transfer information

9 NATIONAL PRIVACY PRINCIPLES

1. Collection

2. Use & Disclosure

3. Information Quality & Security

4. Openness

5. Access & Correction

6. Identities

7. Anonymity

8. Transborder Data Flows

9. Sensitive Information

4 MODELS OF INFORMATION PRIVACY PROTECTION (CSSV)

1. Comprehensive Laws: Laws governing the collection, use, & dissemination of personal information

2. Sectoral Laws: Laws governing specific sectoral interests complementing comprehensive laws (e.g financial privacy)

3. Self-Regulation: Orgs implement codes of practice, engaging in self-policing

4. Voluntary, Technology-Based: Commercially available programs & systems to help protect individual privacy (e.g. encryptions, proxy servers, etc)

LEGAL INVASIONS OF PRIVACY

• Voluntary consent to share private information

• Information widely available in public domain

• For law enforcement & investigation purposes

4 ISSUES TO CONSIDER WHEN INTRUSION CAN BE OFFENSIVE

1. Consent status

2. Public Interest

3. Potential Harm

4. Balance of Disclosures

LEGAL PROTECTION OF PRIVACY INTEREST

To Protect:

1. Privacy of Conversation

   • Laws governing interception, access, & surveillance of real-time communication (e.g. phone hacking)

2. Breach of Confidence

   • Laws protecting privacy for confidential conversations & dealings based on ‘duty of confidence’

   • Confidence can be breached by: (1) crimes & fraud, (2) iniquity or misdeed to protect public safety, (3) when public safety outweighs confidentiality

3. Trespass

   • Laws recognising the right of property owners to refuse entry

   • Trespass occurs when entering without consent, remaining after permission is withdrawn, or placing objects on other’s property without consent