Chapter 15 Flashcards
(39 cards)
Statue of Responsibility
in democratic societies, most free speech is self-regulating
acceptability determined by public opinion/tolerance
PR - balance benefits/responsibilities of free speech
academic freedom = better explore controversial subject matter to better understand world around us within disciplines of study
PR and the law
difference between legal & ethical
ignorance of law is no excuse
this is litigious society
PR should know laws that govern practice
Practitioners and law
48% familiar with practitioner malpractice laws
45% unfamiliar with laws pertaining to financial public relations
40% unfamiliar with laws pertaining to commercial speech
first amendment
legal framework for nation’s social, political, commercial discourse
comes into conflict with other guaranteed rights/social interests
PR on cutting edge of evolution of free expression
Political speech
expression associated with the normal conduct of a democracy
courts reluctant to regulate it
commercial speech
expression intended to generate marketplace transactions
courts regulate it in public interest
PR as Speech
can be either political OR commercial speech
depends on targeted public, message purpose, Supreme Court interpretation
practitioners need to know limits of both types of speech
Business differences
organizations often operate under specific laws regarding handling of info (depending on legal status)
Public agencies operate in the “sunshine”
nongovernment agencies enjoy higher degree of privacy but may still face certain disclosure obligations
Federal trade commission
1914 - to ensure fair marketplace
generates most federal regulation of advertising/product-related publicity
Targets false/misleading ad/publicity and US DO NOT CALL registry
SEC (Securities and Exchange Commission)
1934 - ensure fairness in financial markets
Disclosure - beliefe all publicly held companies have obligation to disclose important investor information
Insider Trading - market transactions based on info not available to public
Regulation FD
requires businesses to operate within the spirit of financial disclosure laws
Sarbanes-Oxley
CEOS and CFOs held personally responsible for truthfulness of financial statements
Federal Communications Commission (FCC)
1934 - bring order to broadcast airwaves
Equal opportunity provision - equal access to broadcast media for qualified candidates
Personal Attack Rule - obliges stations offer free airtime and reasonable opportunity to respond to character attacks
Recent controversy over easing broadcast ownership rules
Food and Drug Administration
Created to protect, promote, enhance health of consumers
sets communcation rules for products/services
labelling/promotion of prescription drugs
oversees direct-to-consumer advertising
Health Canada
oversees direct-to-physician advertising
Libel
a false communication that wrongfully injures the reputation of others
Defamatory libel in Canada
301. Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years
pre-1964 burdens of proof in Libel
defamation: communication that unfairly injures person’s reputation and/or ability to maintain social contacts
publication: communication of defamatory statement to third party
Identification: person alleging libel has to be identified in a way that a reasonable person could infer that the defamatory statements applied to plaintiff
Damage and Fault (pre-1964)
damage: evidence that person/org has suffered injury/damage as result of defamation
Fault: proof that defamatory statement is untrue
New York Times v Sullivan**
public officials/figures face higher burden of proof in libel cases - needs to be
Actual Malice: “knowing falsehood or reckless disregard for the truth”
Common law libel
legal rules/principles that originate from judicial decisions
Food disparagement
veggie libel laws, designed to protect local industries from unfair media coverage
Right to privacy
not in constitution, has evolved over the years
“the right to be left alone; the right of a person to be free from unwarranted publicity”
the right and reality of privacy are very different things in digital age
Four Torts of Privacy (AFIP)
Appropriation, False Light,
Intrustion, Publication of Private Facts,
Intrusion:
improper/intentional invasion of person’s physical seclusion/private affairs (hinges on reasonable expectation of privacy)
