PUR 3000 Week 4
PUR 3000 Week 4 PUR3000
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This 4 page Class Notes was uploaded by Taylor Notetaker on Saturday September 17, 2016. The Class Notes belongs to PUR3000 at University of Florida taught by Kong in Fall 2016. Since its upload, it has received 6 views. For similar materials see Principles of Public Relations in Public Relations at University of Florida.
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Date Created: 09/17/16
Chapter 12 Wednesday, September 14, 2016 10:56 AM Public Relations and the Laws Guidelines for reducing legal risks • View legal counsel as a resource • Analyze legal trends/learn from others' mistakes • Anticipate litigation in development of documents • Spokespersons trained in law and PR • Work with legal counsel to institute a compliance program • Promote ethical guidelines • Avoid litigation through communication Legal Topics: Conspiracy • To provide advice or tacitly support an illegal activity of client or employer • Participate in illegal action such as bribery or cover up information • Counsel policy behind illegal action • Cooperate in any other way to further an illegal action Defamation • Libel- printed falsehood • Slander - false oral statement • Defamation-any false statement about a person or organization that creates public hatred, contempt, ridicule or inflict injury on reputation (collective term for both) • Person making statement was malicious or negligent • Private individual more success winning defamation suit, public figures have an extra test with actual malice (NYT or Sullivan) • Cooperation increasingly are considered "public figures Avoiding Lawsuits for Defamation • Accompany opinion with supporting facts • Clearly label statements of opinion • Review context of language Avoiding Lawsuits for Defamation • Accompany opinion with supporting facts • Clearly label statements of opinion • Review context of language • Truth is traditional defense against defamation • Control words spoken in anger • Fair comment and criticism allowed Invasion of Privacy • Places limits on what information can be collected about citizens and who has access to the information ○ Ex. Organization newsletters: • Keep the focus on org -related activities • Have employees submit "personal" in writing • Double check all info for accuracy • Check to see if there is someone else embarrassed • Do not relay on second hand information • Do not include racial, ethical, or age designations of employees Copyright • Protect specific expression of an idea, not an idea in general • Can copyright written, musical, pictorial, graphic, and sculptured works in motion pictures • Cannot CR ideas raw facts (databases), methods of ops, concepts, utilitarian objects such as lamps or typefaces • CR protection is life plus 70 years for individual works and 95 years for corporations from publication Fair Use vs Infringement • Fair use allows partial use of copyrighted material with source attribution • Permission is required if used in advertisements or promotional brochures • Fair use is allowed for criticism, comment, or research, particularly without multiple copies produces • Quantity - likely to infringe CR • Gov't docs cannot be copyrighted • Photography and artwork - retain ownership of work, sell use • Freelance writers -depends on negotiation and contractual agreement, but does have right to their own work • CR in Internet, similar to hard copies, difference with uploading material by third parties First Amendment and PR • Protects freedom of expression for gov't control - federal and state does have right to their own work • CR in Internet, similar to hard copies, difference with uploading material by third parties First Amendment and PR • Protects freedom of expression for gov't control - federal and state • Adopted 1791, not interpreted by the supreme ct. until the 20th century • Court has ruled that it applied to most media, thus publishers and broadcasters have constitutionally protected right of expression just as do individuals • Not all content comes under 1st amendment, such as fighting words that provoke violence or symbolic actions that interfere with government • Also persons or corps whose expressions defame, invade privacy or disturb peace may have to pay damages • Generally, a person will be help accountable for speech that damages another only after he or she expresses it: prior restraints on expression; however, are presumptively unconstitutional • 1992 Court ruling, hate speech cannot be banned simply because its content is offensive to some Government Agencies Regulations • Federal Trade Commission FTC - the Lanham Act provides power to prosecute for distributing false or misleading information • Protects consumer rights • Violators typically sign consent decree. Mo wrongdoing acknowledged but change promotion, can be fined • Info accurate, substantiated, not hyped, celebrities actually use product, gov't agencies don’t endorse product, describe research in enough detail, product not new if more than 6 months old or just repackages, avoid misleading product demos • Securities and exchange commission (SEC) monitors the financial affairs of publicly traded companies, protects interest of stockholders • Covers public disclosure and insider trading, misleading information and failure of timely disclosure; can be fined for burying key information • Full information on anything that might materially affect company's stock • Courts follow the mosaic doctrine - overall impression to mislead very critical issue • Food and Drug Administration(FDA) -advertising promotions of prescription drugs over the counters, cosmetics, food, alcohol • Federal Communications Commission (FCC) -media and other telecommunications Example of a FTC Complaint • FTC filed charges against Campbell soup company • Reasons: company claimed that its soups were low in fat and cholesterol, so • Federal Communications Commission (FCC) -media and other telecommunications Example of a FTC Complaint • FTC filed charges against Campbell soup company • Reasons: company claimed that its soups were low in fat and cholesterol, so helpful for heart disease • Saw that as deceptive publicly and advertising because those advertisement didn’t disclose that the soups were also high in sodium, a condition that increases the risk of heart disease • Some words in promotional materials that trigger FTC interests are: • Authentic, certified, cure, custom -made, germ-free, natural, unbreakable, perfect, first-class, exclusive, and reliable
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