PR 312 test 2
Terms
undefined, object
copy deck
- Disclosure of information
- Be honest and accurate, act promptly to correct erroneous communications for which the practitioner is responsible, investigate the truthfulness, accuracy of info released, reveal the sponsors, disclose financial statements and avoid deceptive principles
- Honesty - PRSA code of conduct
- We adhere to the highest standards of accuracy and truth in advancing the interest of those we represent and in communicating with the public
- Expertise - PRSA code of conduct
- We acquire and responsibly use specialized knowledge and experience. Advance the profession through CEU's
- Independence - PRSA code of conduct
- we provide objective council to those we represent. We are accountable for our actions
- Loyalty - PRSA code of conduct
- We are faithful to those we represent, while honoring our obligation to serve the public interest
- Fairness
- We deal fairly with clients, employers, competitors, peers, vendors, the media, and the general public.
- Free Flow of Information
- Preserve the integrity of the process, be honest and accurate, act promptly to correct erroneous communications, and preserve the free flow of unprejudiced information
- Competition
- Follow ethical hiring practices designed to respect the free and open competition without deliberately undermining a competitor
- Code of Ethics
- some people legitimately take it to heart while other companies simply use it as "windown dressing" ex: enron.
- Advocacy - PRSA code of conduct
- We serve the public interest by acting as responsible advocates for those we represent. We provide a voice in the marketplace of ideas, facts, and viewpoints to aid in public debate
- Safeguard Confidences
- safeguard the confidences and privacy rights of present, former and prospective clients and employees, protect insider information, immediately advise an appropriate authority if a member discovers thant confidentiality is fucked.
- conflicts of interest
- act in the best interest of clients, avoid actions and cirumstances that may appear to compromise good business, disclose any existing conflict of interest to clients, encourage clients and customers to determine if a conflict exists after notifying them
- accountability
- in a profession it means that practitioners must face up to the consequences of their actions.
- occupational licensure
- another possible means of holding practiitoners accountable. It is the permission granted by the state or government to engage in a specific occupation
- Issues with liscensing within the United States
- the right of freedom of expression, the right of states to regulate occupations and the right of individuals to pursue occupations without unjustified state interference
- accreditation
- is one means of encouraging professionalism and accountability in public relations.
- Universal Accreditation Board
- People present to them with a portfolio and panel interview with three accredited practitioners for the right to put APR 'accredited in Public relations.
- How much more salary does an accredited PR professional make? (percent)
- 20 percent more.
- Enhancing the Profession
- Acknowledge that there is an obligation to protect and enhance the profession, keep informed and educated, actively pursue personal professional development, devline representation of clients or organizations that urge contrary actions, actively define PR, counsel subordinates, require pepole to adhere to the code, and report ethical violations
- Hans-Martin Sass says
- Ethics and expertise belong together, only then do they constitute true professionalism etc...
- Public relations impact on society is diminished when...
- it suppresses or otherwise limits competition of ideas, it hides or ascrobes te true sources of PR efforts and it leaves unethical practice
- Positives of socially responsible PR
- see page 133
- Negatives of socially responsible PR
- see page 133
- Public relations impact on society is enhanced when...
- it promotes free, ethical competition of ideas information and education. reveals the sources, and enforces high standards of conduct.
- The Imperative of Trust
- When entering a relationship with Professionals you enter into a Fiduciary Relationship in which a person and his/her things are put at risk.
- Social Responsiblity
- Professionals and practioners commitment to server society. Public relations is ultimately judged by society
- Continuing Education
- Professions require or encourage employees to earn continuing education units through professional development seminars and workshops
- Professional Ethics
- the application of professional ethics is called "applied ethics". These rules provide the grounds for
- Professional Privilege
- When professionals break the fiduciary trust with clients then not only screw the client over, they endager their business, which relies on public trust
- Degree Programs
- First University level program was taught in 1923 by Edward Bernays, Author of Crystallizing Public Opinion at New York Universitys school of commerce, accounts and finance. by 1946 there was 30 colleges offering 47 courses
- 1981 comission on public relations education
- estimated over 10,000 students were taking PR courses
- Commission on Public Relations had how many recommendations on what public institutions should follow?
- four
- Commission on PR: recommendation 1
- Theory, Origin, Principles, and Professional Practice of Public Relations - pretty self explanitory
- Commission on PR: recommendation 2
- Public Relations Ethics and Law - self explanatory
- Commission on PR: recommendation 3
- Public Relations Research, Measurement and performance evaluation - quantitative and qualitative designs, processes, tools and techniques
- Commission on PR: recommendation 4
- Public Relations Planning and Management - techniques and models to help plan for the future
- Commission on PR: recommendation 5
- Public Relations writing and production - communication theory, concepts for mass media etc.
- Common Law
- accumulation of court rulings over time creates common law
- Law of equity
- is a part of common law but there are no jury decisions only judge rulings
- Petersen and Lang
- Found the strong 1st amendment connection wiht PR tactics such as public campaigns. Even unithical practice is covered by 1st amendment, free speech.
- Beef Promotion and Research Act
- Cattle producers were forced to create ads. The Livestock mktg assoc. sue the Dept. of Agriculture for free speech infringement. The government ruled against it saying it was gov. free speech.
- Symbiotic relationship between Journos and PR professionals
- PR professionals need 'free publicity', meaning access to news media. In return Journos need access to press releases to find interesting stories
- 1974 Florida case involving newspaper and candidate
- FLorida statute required newspaper to give candidate space to respond to criticism but US supreme court said that interferes with the editorial control the 1st amend. protects.
- Communications Act of 1934
- Created the FCC which gave the agency the power to make and enforece programming policies for broadcasting and issue, renew or deny licenses to stations.
- CATVs or Community Antenna Telvision Systems aka Cable TV
- were not initially covered by FCC, but the government determined it should be. Today cable has more first amendment rights than broadcast
- Reno V. American Civil Liberties Union - 1997
- Made it clear that speech on the internet was fully protected by the 1st amendment. It overturned the 1996 Communications decency act which was ruled unconstitutional
- The Childrens Internet Protection Act (CIPA)
- 2000 - it requires public schools and libraries that receive federal money to install filters on computers used by those 17 or under.
- Freedom of Information Act (FOIA) -1966
- was a bipartisan effort in the US Congress to promote full disclosure from the executive branch of government
- Electronic Freedom of Information Act (EFOIA) - 1966
- Same thing but it also opened up access to digital information
- nine categories that do not have to be disclosed under the FOIA
- national security, agency rules and procedures, statutory exemptions, confidential business info, agency momoranda, personnel or medical, law enforecement investigations, banking, and oil and gas.
- First National Bank of Boston v. Belotti
- A massachusetts statute prohibited corporations from trying to influence a ballot item that did not effect them. The court struck down the statute because it prohibited political expression that was at the heart of the 1st amend.
- Courts strike down new york statute prohibiting politcal pamphlets in billing
- A new york engery company wanted to promote nuclear power as the best alternative so they included pamphlets
- The Utility Reform Network distributed pamplets through...
- Pacific Gas and Electric company, and the supreme court ruled they did not need to distribute their pamplet if they did not agree with it.
- Bipartisan Reform act of 2002
- also known as the McCain-Feingold. It regulates contribution to politcal campaigns.
- The federal regulation of lobbying act of 1946
- lobbyists were required to register with congress, file quarterly financial statements detailing their lobbying expenses and sources of income, and report any articles or editorials the lobbyist had published.
- The Lobbying Disclosure Act 1995
- built on act of 1946 by updating definitions disclosure requirements and restrictions
- Lobbyist
- someone employed or retained by a client who makes more one contact on behalf of that client and spends at least 20 percent of her/his time during a 6 month period
- lobbying firm
- is an entity that has at least one person who was hired to represent someone other than her/his employer
- lobbying contact
- is defined as a communication either oral or written, on behalf of a client to a covered executive or legislative branch exec.
- Foreign Agents Registration Act of 1938 (FARA)
- all PR agents working for foreign principals must register under this act. Must register within 10 days
- National Labor Relations Act of 1935
- The Wagner act. It creaded the independent National Labor Relations board to administer laws governing relations between unions and employers
- Labor Management Relations act of 1947
- Taft-Hartley act deals with communication between unions and management. Requires parties to enter negotiations with an open mind
- Statutory definition of Copyright
- it subsists in "original works of authorship fixed in any tangible medium of expression from which they can be perceived, repordeced or otherwise communicated."
- 8 categories of works that can be copywritten are
- Literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial graphic and sculptural works, motion pictures, sound recordings, and architectural works after 1990
- a copy right must contain what three things
- the word or symbol copyright, the date of first publication, and the name of the owner
- Infringement
- violation of one or more rights of the copyright owner. Owner must prove originality of the work, probable access by infringer and substantial similarity
- trademarks
- words, names and symbols used by companies to identify and distinguish their goods or services. Ex. Kleenex
- a Trade Name
- identifies the commercial name of the producer. Ex. Kimberly-Clark corporation manufactures Kleenex, a trademark.
- Service mark
- differs from a trademark only in that it identifies a source of services rather than a source of goods.
- formal trademark application process
- written app., drawing of tradefark, paying the filing fee, and providing three examples of how its used.
- Treble damages
- in a trademark suit the person who is infringed can collect three times the infringers profits or 3 times the damages
- Libel
- a legal action designed to compensate someone whos reputation or standing in the community has been wrongfully damaged, technically written damage
- Slander
- spoken defamation
- Johnny Cochran
- led the dream team legal defense for OJ. Sued a former client who protested outside his offices - dismissed cuz the dude died
- plaintiff in a libel case
- the person who's reputation is fucked
- burden of proof
- the plaintiffs responisbility to prove libel exists
- defamation
- the core of a libel suit. defined as intentional false communication that injures anothers reputation
- publication
- to have defamation the act must be published and witnessed by someone
- retraction
- requested by the plaintiff is required in most states before any legal action can commence. plaintiff must serve written notice to the defendent
- fault
- "negligence; an error or defect of judgment or of conduct; any defiation from prudence, duty or recitude; any shortcoming or neglect of care or performance resulting from inattention, incapacity or perversity
- NY times v. Sullivan
- first of several cases that added 1st ammendment standards to libel law nation wide, so that when the plaintiff is a public official criticism of official gov is not stifled.
- Public Official
- gov. employees who have or appear to the public to have substantial responsibility or decision making control
- Public Figure
- defined in Gertz v. Welch these are people who invite attention and comment and thus expose themselves to an increased risk of public scrutiny
- Private Figures
- also defined in gertz v. Welch private people are more vulnerable to injury and can thus suffer more irreparable damage
- Actual Malice
- The false statment is made with knowledge that it was false or with reckless disregard to the truth
- negligence
- failiure to act as a reasonable person would in similar circumstances
- summary judgement
- if a defendent believes the plaintiff does not have enough proof they can call this right away to avoid trial
- Statute of Limitations
- there is a limited time in which a plaintiff can brink a lawsuit for libel, as established by each states libel statute
- Truth
- sufficient evidence for the defendent to prove the statements were true
- Privilege
- actions classified as privileged cannot be libelous
- opinion defenses
- if it is a false statement of opinion it is not libel, but if its a fact this cannot be applied
- Privacy is split into how many different torts?
- 4
- Privacy tort 1
- intrusion upon the plaintiffs seclusion or solitude into his/her private shit
- privacy tort 2
- public disclosure of embarassing private facts about the plaintiff
- privacy tort 3
- publicity that places the plaintiff in a false light in the public eye
- privacy tort 4
- appropriation of the plaintiffs name or likeness for the advantage of the defendent
- Privacy with public officials or figures
- newsworthiness outwieghs privacy interests in stories of public interest involving them participating in public proceedings.
- formal consent
- PR practitioners must get it for anything that is not obviously newsworthy, especially for very private facts
- do PR practitioners practice law?
- no but it is useful to understand and avoid trouble