🎷Public Relations Techniques Unit 2 – Ethics and Legal Issues in PR

Ethics and legal issues form the backbone of responsible public relations practice. PR professionals must navigate complex ethical dilemmas while adhering to legal frameworks that govern communication and business practices. Understanding key principles like honesty, transparency, and respect for public interest is crucial for maintaining trust and credibility. Legal considerations in PR include First Amendment protections, defamation laws, privacy regulations, and intellectual property rights. Ethical decision-making models help practitioners analyze situations and make principled choices. Common challenges involve conflicts of interest, transparency, and balancing client loyalty with public good. Social responsibility and crisis management further test ethical resolve in PR.

Key Ethical Principles in PR

  • Honesty involves providing accurate and truthful information to the public, clients, and stakeholders
    • Avoid deception or misleading statements that could erode trust in the organization and the PR profession
  • Integrity encompasses adhering to a set of moral principles and acting in a manner consistent with those values
    • Maintain high standards of ethical conduct even in challenging situations (pressure from clients or management)
  • Transparency requires openness and clarity in communication, disclosing relevant information to foster understanding and trust
    • Disclose potential conflicts of interest or sponsored content to maintain credibility
  • Respect for the public interest prioritizes the well-being of society over narrow organizational interests
    • Consider the potential impact of PR activities on various stakeholders and communities
  • Fairness involves treating all parties equitably and avoiding discrimination or favoritism
    • Provide equal access to information and opportunities for dialogue to diverse audiences
  • Accountability means taking responsibility for one's actions and being willing to accept the consequences
    • Establish mechanisms for feedback and addressing concerns raised by stakeholders
  • Professionalism requires upholding the standards and values of the PR profession and continuously improving one's skills and knowledge
    • Adhere to industry codes of ethics (PRSA Code of Ethics) and best practices
  • First Amendment protects freedom of speech and press, providing a foundation for PR activities in the United States
    • Allows for the dissemination of information and ideas without government interference
    • Protects the right to express opinions and engage in public discourse
  • Defamation laws protect individuals and organizations from false and damaging statements
    • Libel refers to written or published defamatory statements, while slander pertains to spoken defamation
    • PR professionals must ensure the accuracy and fairness of their communications to avoid legal liability
  • Privacy laws safeguard individuals' personal information and restrict unauthorized disclosure
    • Health Insurance Portability and Accountability Act (HIPAA) protects patient privacy in healthcare settings
    • General Data Protection Regulation (GDPR) regulates the collection and use of personal data in the European Union
  • Intellectual property laws, including copyright and trademark, protect creative works and brand identities
    • PR professionals must obtain permission to use copyrighted material (images, music) in their campaigns
    • Proper attribution and respect for trademarks are essential to avoid infringement claims
  • Disclosure requirements mandate the transparency of sponsored content and paid endorsements
    • Federal Trade Commission (FTC) guidelines require clear and conspicuous disclosure of material connections between advertisers and endorsers
    • Failure to disclose can result in legal penalties and damage to the organization's reputation
  • Anti-trust laws prohibit anti-competitive practices and collusion among businesses
    • PR professionals must be cautious when interacting with competitors and avoid sharing sensitive information that could be perceived as anti-competitive
  • Lobbying regulations govern the activities of individuals and organizations seeking to influence legislation or public policy
    • Lobbying Disclosure Act requires registration and reporting of lobbying activities at the federal level
    • PR professionals engaged in lobbying must comply with applicable laws and maintain transparency

Ethical Decision-Making Models

  • Potter Box model provides a structured approach to ethical decision-making in four steps
    • Define the situation and gather relevant facts
    • Identify the values and principles at stake
    • Consider the possible courses of action and their consequences
    • Make a decision based on the analysis and be prepared to justify it
  • TARES test evaluates the ethical dimensions of persuasive communication using five criteria
    • Truthfulness: Is the message honest and accurate?
    • Authenticity: Is the communicator genuine and transparent about their identity and intentions?
    • Respect: Does the message show respect for the audience's autonomy and dignity?
    • Equity: Is the message fair and non-discriminatory?
    • Social Responsibility: Does the message align with the greater good of society?
  • Stakeholder analysis involves identifying and considering the interests and perspectives of various groups affected by a decision
    • Helps to balance competing demands and find mutually beneficial solutions
  • Ethical hierarchy places different ethical principles in order of importance to guide decision-making
    • For example, prioritizing honesty and public safety over loyalty to a client in a crisis situation
  • Moral imagination encourages creative thinking to find ethical solutions beyond conventional options
    • Involves envisioning alternative scenarios and considering the long-term consequences of actions
  • Ethical gut check relies on one's moral intuition and sense of right and wrong to guide decisions
    • While not a substitute for systematic analysis, it can serve as a useful starting point for ethical reflection
  • Transparency and accountability are essential for building trust and demonstrating ethical decision-making
    • Documenting the decision-making process and being open to feedback and criticism can enhance credibility

Common Ethical Dilemmas in PR

  • Conflicts of interest arise when personal or professional interests interfere with the ability to act in the best interest of clients or the public
    • For example, representing clients with opposing viewpoints or having a financial stake in the outcome of a campaign
  • Misleading or deceptive communication involves presenting information in a way that is inaccurate, incomplete, or manipulative
    • Cherry-picking data, using misleading visuals, or making unsubstantiated claims can erode trust and credibility
  • Lack of transparency occurs when important information is withheld or not readily accessible to stakeholders
    • Failing to disclose sponsorships, potential risks, or conflicts of interest can undermine public trust
  • Balancing loyalty to clients with the public interest can create tension for PR professionals
    • Advocating for a client's position may conflict with broader societal concerns (environmental impact, public health)
  • Respecting privacy and confidentiality while maintaining transparency can be challenging
    • Protecting sensitive information (trade secrets, personal data) while still providing relevant details to the public
  • Managing fake news and misinformation requires proactive strategies to combat the spread of false or misleading content
    • Monitoring media channels, correcting inaccuracies, and promoting reliable sources of information
  • Ethical use of social media and influencer marketing involves ensuring authenticity, disclosure, and responsible content
    • Avoiding deceptive practices (fake followers, undisclosed sponsorships) and respecting audience trust
  • Balancing the need for speed with accuracy in crisis communication can put pressure on ethical decision-making
    • Providing timely information while ensuring the validity and completeness of the message

PR and Social Responsibility

  • Corporate social responsibility (CSR) involves aligning business practices with the social, environmental, and economic expectations of stakeholders
    • Integrating ethical considerations into decision-making and taking actions that benefit society beyond legal obligations
  • Sustainability and environmental stewardship are key aspects of social responsibility in PR
    • Promoting eco-friendly practices, reducing carbon footprint, and supporting conservation efforts
    • Communicating an organization's commitment to sustainability and engaging stakeholders in environmental initiatives
  • Diversity, equity, and inclusion (DEI) are essential for building a socially responsible PR practice
    • Ensuring representation and fair treatment of diverse communities in PR strategies and within the organization
    • Advocating for social justice and using PR platforms to promote equity and combat discrimination
  • Philanthropy and community engagement demonstrate an organization's commitment to social responsibility
    • Supporting charitable causes, volunteering, and partnering with local organizations to address community needs
    • Communicating the impact of philanthropic efforts and inspiring others to get involved
  • Ethical supply chain management involves ensuring that an organization's suppliers and partners adhere to responsible practices
    • Monitoring labor conditions, environmental impact, and human rights across the supply chain
    • Communicating transparency about the sourcing and production of products or services
  • Stakeholder engagement and dialogue are crucial for understanding and addressing social responsibility expectations
    • Actively seeking input from diverse stakeholders and incorporating their feedback into decision-making
    • Establishing ongoing communication channels and reporting on progress towards social responsibility goals
  • Measuring and reporting on social responsibility performance helps to demonstrate accountability and build trust
    • Using recognized frameworks (Global Reporting Initiative) to assess and disclose social and environmental impact
    • Communicating both successes and challenges in a transparent and balanced manner

Crisis Management: Ethical Considerations

  • Transparency and honesty are paramount in crisis communication to maintain trust and credibility
    • Providing accurate and timely information about the crisis, its causes, and the organization's response
    • Avoiding the temptation to downplay or cover up negative information that could later be revealed
  • Responsibility and accountability require acknowledging the organization's role in the crisis and taking appropriate actions
    • Apologizing for mistakes, expressing empathy for those affected, and committing to corrective measures
    • Holding individuals accountable for their actions and demonstrating a willingness to learn and improve
  • Prioritizing public safety and well-being over reputational concerns is essential in crisis management
    • Taking swift action to mitigate harm, provide resources, and communicate potential risks to stakeholders
    • Collaborating with relevant authorities and experts to ensure an effective and coordinated response
  • Respect for privacy and confidentiality must be balanced with the need for transparency in a crisis
    • Protecting the identity of victims or whistleblowers while still providing relevant information to the public
    • Complying with legal and ethical obligations regarding the handling of sensitive information
  • Consistency and alignment of messaging across all communication channels are crucial to avoid confusion and maintain trust
    • Ensuring that all spokespersons and PR team members are conveying the same accurate and approved information
    • Monitoring media coverage and social media to identify and address any inconsistencies or misinformation
  • Ethical decision-making under pressure requires adhering to core values and principles even in challenging circumstances
    • Resisting the urge to prioritize short-term reputational concerns over long-term ethical considerations
    • Seeking guidance from ethical frameworks, advisors, and stakeholders to navigate complex crisis situations
  • Post-crisis evaluation and learning involve assessing the effectiveness and ethics of the crisis response
    • Conducting a thorough review of the crisis management process, including decision-making and communication
    • Identifying areas for improvement and implementing changes to enhance future crisis preparedness and ethical resilience

Case Studies: Ethics in Action

  • Volkswagen emissions scandal (2015) highlights the consequences of deceptive practices and lack of transparency
    • The company installed software to cheat emissions tests, misleading regulators and consumers about vehicle performance
    • Resulted in significant financial penalties, reputational damage, and loss of trust in the brand
  • Patagonia's "Don't Buy This Jacket" campaign (2011) exemplifies using PR to promote sustainability and responsible consumption
    • The company ran an ad discouraging customers from buying new products and encouraging them to repair and reuse
    • Demonstrated a commitment to environmental responsibility and challenged industry norms
  • Starbucks' racial bias incident and response (2018) illustrate the importance of addressing social issues and taking meaningful action
    • The arrest of two Black men in a Philadelphia store sparked national outrage and accusations of racial profiling
    • Starbucks closed all U.S. stores for racial bias training, revised policies, and launched initiatives to promote diversity and inclusion
  • Pepsi's Kendall Jenner ad controversy (2017) shows the risks of insensitive and tone-deaf messaging in PR campaigns
    • The ad featured Jenner joining a protest and offering a Pepsi to a police officer, trivializing social justice movements
    • Pepsi pulled the ad, apologized, and faced backlash for appropriating serious issues for commercial gain
  • Johnson & Johnson's Tylenol crisis management (1982) is a classic example of effective and ethical crisis response
    • Seven people died from cyanide-laced Tylenol capsules, leading to widespread panic and a potential brand catastrophe
    • J&J swiftly recalled all Tylenol products, established a hotline, and worked with authorities to ensure public safety
    • The company's transparent and responsible actions set a standard for crisis management and rebuilt trust in the brand
  • TOMS Shoes' "One for One" business model (2006-2019) combined social responsibility with PR and marketing
    • For every pair of shoes purchased, TOMS donated a pair to a child in need, creating a compelling brand story
    • The company faced criticism for the long-term effectiveness of its charitable model and shifted to a more sustainable approach
  • KFC's "FCK" apology (2018) showcased the power of humility and humor in crisis communication
    • A chicken shortage forced the closure of most KFC restaurants in the UK, leading to customer frustration
    • KFC ran an ad with the letters "FCK" rearranged from its logo, acknowledging the mistake and apologizing for the inconvenience
    • The honest and self-deprecating approach resonated with the public and helped to mitigate the negative impact of the crisis
  • Increasing demand for authenticity and transparency in PR as consumers become more skeptical of corporate messaging
    • Pressure to provide genuine and unfiltered communication, backed by actions that align with stated values
    • Need for PR professionals to act as ethical advisors and advocates for transparency within their organizations
  • Growing importance of purpose-driven communication and social impact in building brand reputation and loyalty
    • Consumers expect brands to take a stand on social and environmental issues and contribute to positive change
    • PR strategies that integrate purpose and impact into the core brand narrative and engage stakeholders in meaningful ways
  • Navigating the ethical implications of artificial intelligence (AI) and automation in PR practice
    • Ensuring responsible and transparent use of AI-generated content, chatbots, and data analytics
    • Addressing potential biases and ethical risks associated with AI-driven decision-making and communication
  • Balancing the benefits and challenges of big data and personalization in PR campaigns
    • Leveraging data insights to create targeted and relevant content while respecting privacy and consent
    • Establishing ethical guidelines for data collection, use, and protection to maintain trust and compliance
  • Addressing the spread of misinformation and disinformation in an increasingly complex media landscape
    • Developing strategies to combat fake news, deep fakes, and propaganda that can undermine PR efforts
    • Partnering with fact-checking organizations and promoting media literacy to empower audiences to discern credible information
  • Fostering diversity, equity, and inclusion (DEI) within the PR industry and in the campaigns it creates
    • Ensuring representation and opportunities for professionals from diverse backgrounds at all levels of the industry
    • Incorporating DEI principles into PR strategies and messaging to authentically connect with diverse audiences
  • Adapting to the evolving expectations and communication preferences of younger generations (Millennials, Gen Z)
    • Embracing new platforms, formats, and storytelling techniques that resonate with digital natives
    • Aligning PR practices with the values and priorities of socially conscious and activist-minded generations
  • Preparing for and managing ethical dilemmas in an increasingly globalized and interconnected world
    • Navigating cultural differences, geopolitical tensions, and varying ethical norms across international markets
    • Building global PR teams and networks that can provide localized insights and support ethical decision-making in diverse contexts


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.