Week 6 PR blog

The three functions of public relations are:
Communication
Advisory/counselling
Business management
I think the key points to remember from this week are that in all areas of public relations practitioners need to be both
Informed
And reflexive (assessing all risks)
(Which not only requires foundation knowledge of the law but PR practitioners should also use the services of a legal practitioner- one who respects the professionalism of the PR practitioner and therefore is able to “ensure the best outcomes from both the legal and public relations perspectives” (Johnstone & Zawawi, 2004, pg. 99).
And, in regard to the ethics chapter, ‘best practice’ public relations serves the public interest by developing mutual understanding between an organisation and its publics and in so doing contributes to informed debate about societal issues. The flow-on effect being that complex and pluralistic societies, are better able to reach decisions and function more effectively when public and private policies are in accord.

Legal frameworks for public relations practitioners:

Tort of negligence: specifies professional duty of care to clients and general public
Tort of defamation: outlaws unjustified publications which may harm a persons reputation- defences are truth (must have admissible evidence); fair comment; and privilege (protection from liability e.g. parliament and when publishers have moral, social, or legal obligation to publish)
Contempt law- body of law protecting the administration of justice
Contract law
Statutory regulations regarding product liability, market controls, consumer protection (will affect many public relations decisions)
Section 52 Trade Practices Act- an objective test determines whether conduct is misleading or deceptive, likely to mislead or deceive
Sub-judice laws- restrict what can be published about matters pending (may prejudice the outcome)
Contempt of court- balance between the need for people to scrutinise the courts and the courts need to be free to judge matters before it
Intellectual property protection (see Johnstone & Zawawi, 2004, pp. 90-91, Table 4:1)
Personal (no comprehensive system)
Real property (land and things affixed to land)
Intellectual property (also protected by laws of trespass and nuisance)
Trademarks (Trademarks Act 1995)
Designs (how ideas are expressed, creative and inventive endeavours): Copyright Act 1968, Circuits Layout Act 1989, & Copyright Amendment Digital Agenda which means permission of the copyright owner is needed to put material online-press releases attract copyright as they are not an original expression of news (Electronic Transaction Act 1999- aims to ensure the law is the same for paper based and electronic commerce)
Patents (Patents Act 1990)
Law of Trade Secrets- both intellectual property and a strategy for protecting intellectual property (should be supported by confidentiality agreements with, for example, staff, contractors and clients)
Contract law: (pivotal to PR), defines the relationship between parties, essential ingredients being an offer; acceptance of the offer to the offerer; consideration (should start early and ensure completeness, clarity and measurability)
Public relations should not borrow ideas too broadly from their client’s competitors (tort of passing off- sections 52 & 53 TPA and trade marks act 1995)
Public relation’s professionals should vet all public statements, press releases, and promotional material for possible copyright infringement

Some laws are common law (judge made) and some are created by statute (parliamentary at either state, territory or federal level), which, while seeming disparate, are all connected by public relations. Additionally the differing jurisdictions within Australia and the laws of individual countries must be considered. Public relations practitioners therefore need to have a good relationship with legal advisors, and should also consider the “legal environment and the commercial and professional risks that may arise (Johnstone & Zawawi, 2004, p. 76
Johnstone & Zawawi (2004) cite the McDonalds Corporation vs. Greenpeace where McDonalds, despite winning, did not ‘win’ in regard to positive public relations meaning Johnstone & Zawawi (2004) warn, “good reputations and positive images” need to be factored into the cost of any legal actions. They also suggest that public relations practitioners ask themselves three questions:
What are my legal rights/responsibilities?
How do they translate into everyday work practices?
What will be the public relations implications of any dispute?

The readings made me think more about public relations theory/practice in that while the previous readings made me aware that the role of public relations practitioners are varied and therefore require a diverse range of skills, this had nonetheless inspired me. However the legal ‘minefield’ described by Johnstone & Zawawi (2004) I found to be quite daunting and made me reconsider whether this was the occupation for me. The growth of new technology has further complicated the legal ramifications for PR practitioners (for example the Gutnick case) in a global context and I can only foresee this becoming more complicated, especially as we seem to be becoming increasingly litigious as a society.
However Chapter 6 did make me more optimistic and hopeful because, as Johnstone & Zawawi (2004, chapter 5) suggest, “The role of public relations in today’s society is to build bridges and alliances with different publics to create a conducive environment in which businesses, government, voluntary agencies, hospitals and other institutions can operate”; achieved through effective relationships with different publics.
Accordingly the public relations role has ethical implications acting as counsellor (where, as the moral keeper of an organisations communications and actions, they perform a boundary-spanning role between corporate citizenship and social responsibility); advocate (publicly representing an individual, organisation or idea, the major objective being persuasiveness); corporate monitor and corporate conscience.

The ethical challenges for PR practitioners can occur between themselves and their peers or superiors in the workplace (Interpersonal); between the practitioner and the organisations internal policies and protocols (Organisational); and between an organisation and its publics (stakeholder). In Australia an ethical framework is provided by PRIA’s 15 point professional association code and the MEAA’s Australian Journalists Assoc. code of ethics (relevant to PR in their role as journalists). However membership of both of these organisations is voluntary meaning that the codes are only enforceable on members. Ethics are ultimately up to the individual, mainstream management and all decision makers. Public relations, when practices properly, becomes the leader rather than the follower in ethical practice.

Week 6 PR blog notes taken from Johnstone & Zawawi (chapters 4-5, 2004)