Chapt 12 STC 116 Exam 2 Notes

Attendance Code

  • Code: 1717

PR and the Law Summary

  • Categories of Discussion:

    • Public Relations (PR)

    • Law

    • Government, Police

    • Communication Methods and Tools

Lesson Objectives

  • Goals for PR Professionals:

    • Explaining effective cooperation with legal professionals.

    • Understanding freedom of speech in relation to PR.

    • Knowledge about legal issues:

    • Defamation

    • Employee Privacy Rights

    • Copyright and Trademark Laws

    • Identifying government agencies regulating PR commercial speech.

Legal Liability in PR

  • PR professionals may face legal liability for:

    • Advising or supporting illegal activities of clients or employers potentially leading to a conspiracy charge.

  • Definition of Liability Area:

    • Conspiracy: PR professionals can be liable if they:

    • Participate in illegal activities.

    • Counsel policies behind illegal actions.

    • Take a major role in illegal actions.

    • Establish a front group that engages in illegal activities.

    • Cooperate with any illegal action.

    • These actions may not always be illegal but can be unethical, resulting in losing in the court of public opinion.

Case Study: Boeing

  • Incident Overview:

    • Boeing charged with fraud concerning the 737 MAX.

    • Agreement with the Department of Justice involving a deferred prosecution agreement (DPA).

  • Financial Impact:

    • Total monetary penalty: over $2.5 billion.

    • Breakdown:

      • Criminal monetary penalty: $243.6 million

      • Compensation to airline customers: $1.77 billion

      • Fund for crash-victims’ beneficiaries: $500 million

  • Quotes from Officials:

    • David P. Burns emphasized the deceptive conduct of Boeing employees in the case.

    • U.S. Attorney Erin Nealy Cox remarked on the misleading information given to FAA affecting public safety.

Defamation Law

  • Definition of Defamation Types:

    • Libel: Written falsehood.

    • Slander: Spoken falsehood.

    • Combined Terms: Both types are categorized as defamation in the courts.

  • Success Rate:

    • Private citizens generally have more success in winning defamation suits than public figures or corporations.

Examples of Defamation Cases

  • New York Post Case:

    • Settlement reached concerning Boston Marathon defamation; details undisclosed.

  • Tom Cruise Case:

    • Settled a $50M defamation case against Bauer Publishing related to claims of abandoning his daughter during divorce.

  • Prince Harry:

    • Dropped a libel lawsuit against the Daily Mail after judicial comments hinted at potential loss at trial.

Defamation Lawsuits - Key Conditions

  • Conditions for Filing:

    • False statement communicated to others.

    • The subject is identifiable.

    • Actual injury must be proven.

    • The statement must be malicious or negligent.

Avoiding Defamation Suits

  • Strategies:

    • Ensure opinion statements include factual context.

    • Clearly label opinions.

    • Review the context of opinions for potential legal implications.

    • Apply fair comment defense principles.

    • Recognize the importance of freedom of the press related to matters of public interest.

Invasion of Privacy Issues in PR

  • Employee Communication:

    • Maintain focus on organizational activities.

    • Require written submissions for personal disclosures.

    • Verify information accuracy.

    • Consider potential embarrassment in sharing info.

  • Example Situations:

    • How to respond to third-party requests for employee information:

    • Information to provide, e.g., job title, is limited.

    • NOT RELEASABLE: sensitive information such as social security numbers, home addresses, marital status, etc.

Photo Release Considerations

  • Legal Protection Tips:

    • Signed releases are required for image use (particularly for minors).

    • Consider financial compensation for those portrayed.

    • Store photos electronically with proper documentation.

Intellectual Property Law

Copyright, Patent, and Trademark

  • Definitions:

    • Copyright: Protects creative works (literary, musical, visual, etc.) for a specific duration (70-170 years based on varies).

    • Patent: Protects inventions for 15-20 years.

    • Trademark: Protects logos, symbols, etc., indefinitely as long as they are in use.

  • Categories of Protection:

    • Copyright covers literary works, visual arts, movies, etc.

    • Trademarks protect symbols and branding elements.

Government Regulation of Commercial Speech

  • Regulatory Overview:

    • Advertisements are subject to regulation if:

    • They are false or misleading.

    • They promote unlawful goods or services.

  • Regulating Agencies:

    • Federal Trade Commission (FTC)

    • Securities and Exchange Commission (SEC)

    • Federal Communications Commission (FCC)

    • Food and Drug Administration (FDA)

    • Equal Employment Opportunity Commission (EEOC)

PR and Legal Collaboration

  • Key Principles:

    • Effective coordination between PR professionals and legal advisors is crucial for success in legal and public domains.

    • Strategies for collaboration include:

    • Making early planned public comments.

    • Understanding legal perspectives in communication.

    • Guarding information sharing with opposing parties.

Liability in Sponsored Events

  • Concerns for PR Personnel:

    • Consider legal protections during event planning to avoid liability risks.

Conclusion and Team Engagement

  • Team Members Listed:

    • Group listings highlighting various team members involved in the presentation, indicating collaboration within the course.