Public Relations Ethics and the Law

PRSA Certificate in Principles of Public Relations

April 26, 2014

PRSA Core Values

• Advocacy: Serving the public interest by acting as responsible advocates…

• Honesty: Adhering to the highest standards of accuracy and truth…

• Expertise: … Professional development, research and education.

PRSA Core Values• Independence: Objective counsel and

being accountable• Loyalty: Faithful to clients and employers;

serve the public interest• Fairness: Respect opinions; support right

to free expression

Gifts or “Jollies?”

• Gifts of any kind can contaminate the free flow of accurate and truthful information to the public – PRSA Guidelines

Crucifix to a Vampire in the U.S.

“Jolly” in England and Europe

“Transportation Money” in China

Foreign Corrupt Practices Act

• Criminally Liable in U.S. for Receiving Bribes even Overseas

• Distinguishes between Bribes and Facilitation and/or “Grease” payments

“Astroturfing”

• “PR firm admits it's behind Wal-Mart blogs” – CNN Money

• Whole Foods’ John Mackey “Rahodeb” Blog/FTC• Ghost-writing of Executive Blogs?

Green Washing?

“Sustainable Solutions”

$4.2 Million Pink Washing?

Advocacy Ethics?

• Would you work for the Tobacco Industry?• Does Philip Morris have a right to speak its

mind?• What about CSR?

Should Ketchum Represent Russia?

• Ketchum receives $55 million (and counting) from Crimea-invader, Russia

• Foreign Agents Registration Act• Only for “economic development” and

“investment”• Putin NYT op-ed criticizes US foreign

policy

Libel, Slander & Defamation• Libel: Printed Falsehood• Slander: Oral Falsehood• Defamation: Statement creating public

hatred, contempt or ridicule• No “the client told me to do it” defense

Libel, Slander & Defamation Defenses

• Truth• Privilege (e.g., public document)• Fair Comment (e.g., community interest)• Retraction

©™®• © Protects creative work from

unauthorized use• ™ Word, symbol or slogan – “Just Do It”

• ® Protected intellectual property, ideas, creations, processes

PRSA Code: Provisions of Conduct

• Free Flow of Information (e.g., no gifts)• Fair competition (e.g., No disparaging rumors)• Full Disclosure (e.g., Edelman/WMT)• Safeguarding Confidences (e.g., No leaking)• Conflict of Interest (e.g., Disclose

relationships)• Enhance the Profession (e.g., Best Practices)