Public Relations Legal Considerations

Presented byBrett Atwood

PR & The Law

• Legal Issues are a growing concern for those who practice PR– Litigious Society– Abundance of Lawyers– PR Responsibilities are Growing in Complexity

• Many in the industry fail to understand the legal responsibilities and vulnerabilities

First Amendment

• First Amendment:– “Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech; or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

First Amendment and the Media

• Print Media• Enjoys the greatest amount of protection

• Television– Subject to government regulation (FCC)– Cable is also regulated

• Internet– Initial attempts to regulate/censor have failed in the U.S.

• Communication Decency Act• The Internet “deserves the highest protection from

government intrusion”

First Amendment & Corporate Speech

• First Amendment protects “free speech” and “freedom of the press,” but how what about the PR industry?– Protections for PR industry are not equivalent• “Corporate Speech” is classified differently• It has a lower level of protection from liability

– Also has implications for media relations

Commercial Speech Regulations

• “Commercial speech” is regulated using the following four-part test:– Does it concern lawful activity and not mislead the

public?– Is the government’s interest substantial enough to

justify regulation?– Does the regulation advance the government’s

interests?– Is the regulation reasonable? (Must be no more

extensive than necessary to serve the gov’t interest)

Political Speech

• Political expression to employees are limited• Corporate campaign financing has been

historically restricted– Recent developments are loosening these

restrictions• Citizen’s United vs. the Federal Election Commission

Lobbying

• The Federal Regulation of Lobbying Act of 1946 and the Lobbying Disclosure Act of 1995– Regulates “lobbying” activity– Requires lobbyists to register with the House and

Senate– Aims to establish greater transparency and

disclosure

Other Forms of Corporate Expression

• There are also rules about:– political expression to employees– How you interact with unions– Internships

Public Companies & Investor Relations

• If a company is publicly-traded, you must be aware of how the content and timing of any external communications might impact the stock price for shareholders– Avoid disclosing any information to “insiders” that

can be used to make money• “Insider trading” can get you arrested!

Copyright

• Copyright Act of 1976– Includes rights of reproduction, distribution,

adaptation, performance, royalties, display• Must assume, even if not marked (limited legal rights)• Owner (author) has exclusive right to reproduce,

distribute and use• Limited, fair use of copyrighted works is not an

infringement• In PR, works made for hire belong to the employer

(assuming they take place during regular course of employment)

Trademarks/Service Marks

• Lanham Act of 1946– Word, Name or Symbol used to identify goods– Created through use of the mark on goods in trade– Infringement occurs when someone other than

the owner uses mark on similar or related goods in trade

Defamation

• A defamatory statement injures the good name of an individual/company and lowers their standing in the community

• Two kinds of defamation– Libel– Slander

Slander

• Slander– Spoken word defamation– Said to a third person but

not printed or broadcast

Libel

• Libel– Defamation in a tangible medium (print, Internet

or broadcast)– To prove libel, you must show that:• Harm was caused• The story was published or broadcast• The person/company was identified by name• The media was at fault or error• The broadcast/published facts must be false

Fair Comment

• Truth is the best defense against libel• Opinions also have some protection– Include facts to back up your opinion– Label your statement as “opinion”– Make sure the context is clear

• Times Co. vs. Sullivan (1964): Court decision that actual malice must be proved

Privacy

• People have the right to be left alone• To avoid invading someone’s privacy:– Obtain consent from the individual if using their

likeness in photos/videos and/or taping• Do not record phone calls or tape someone without

their knowledge

– Do not release private information on an employee

Privacy

• It is more difficult to legally invade the privacy of public figures (celebrities, athletes, politicians) since they surrender their privacy rights by the profession they choose