13.1: Law and ethics key terms
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\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)The following terms are essential to students' understanding of the basic legal principles that govern the U.S. media.
Defamation
Compromising the code of ethics may have legal consequences, depending upon the situation.
One of the most common ethical failures that can lead to court cases is defamation.
Defamation is intentional damage done to one party’s reputation by another party.
Although it is not a crime, defamation can be cause for a civil lawsuit. Individuals or organizations with particularly high stakes attached to their reputation (for example, celebrities, public figures, renowned educators, or popular businesses) are more inclined to sue for defamation.
An example is the defamation cases filed by comedian Bill Cosby. In 2015, Cosby faced allegations of sexual assault from more than 50 women, resulting in civil lawsuits and criminal investigations against him. The tremendously negative effect on his reputation resulted in the rescinding of several honorary degrees he had received as well as the cancellation of reruns of his popular TV program from the 1980s and early '90s, The Cosby Show. In response to the damages, Cosby sued some of the women for defamation, but the cases were later dismissed. The allegations continue to have an impact on Cosby’s image and legacy.
Slander and Libel
There are two categories of defamation: slander and libel. Slander is the spoken version of defamation, when something is said verbally that harms another party’s reputation. Libel is the written version of defamation, when something in text is published that damages a party’s reputation. Because this textbook focuses on writing, libel will be discussed in greater detail.
Libel includes both print and online publications, including social media posts, which can be grounds for a libel suit.
In 2011, lawyer Rhonda Holmes sued her former client, punk rocker Courtney Love, over a disparaging tweet Love had sent in reference to Holmes’s work ethic. Love was the first person in history to stand trial for social media defamation. Prior to her case, there was no record of someone being sued for defamation because of something posted on Twitter.1 Popular media dubbed the case “Twibel.” A jury acquitted Love of all charges. Click here for more information on the case and its implication.
Winning a libel suit is difficult. Five elements have to exist in order to render a statement as libelous:2
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The statement was published.
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The statement is conveyed as a fact, not an opinion.
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The statement is false.
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The statement is identifiable with or made about the plaintiff.
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The statement was published with intentional negligence or malice.
The last element is particularly challenging to prove. Many libel suits are dismissed because the plaintiff fails to provide evidence for the existence of each element.
The possibility of defamation is of great concern to every strategic communication professional. Careful information gathering and rigorous fact checking are vital in order to avoid defamatory communication. Double-checking quotes and sources helps minimize the risk of publishing libelous statements.
Conflict of interest
A conflict of interest is “a clash between a person’s self-interest and professional interest or public interest."3 Communication professionals should try to eliminate any action that may compromise their impartiality or the interests of their organization. That includes separating personal interests from the organization’s goals.
The definition seems straightforward, but real-life situations can be murky. As a professional working at an advertising agency, should you take on two clients who are competitors? Most within the industry would say that you should inform both parties of the situation and let them decide if they want to proceed; however, let’s say your agency takes on a client who has a history of using unethical labor practices, something that you staunchly oppose. How do you remain impartial in this situation? How do you write material that benefits your client when your personal opinions may affect the content?
Should a journalist, accept a small gift from a source, for example, a $10 Starbucks gift card, before or after an interview? Most journalists would say no, because accepting a gift from a source, no matter how small, could affect your feelings toward the individual, which could be reflected in your reporting.
There are several ways to avoid a conflict of interest. Gather as much information as you can about the potential conflict in order to make an objective decision (or as objective as possible). Firms should have formal rules, and conflicts should be disclosed to supervisors. To safeguard your career and reputation, it’s important to always uphold high ethical standards and conduct yourself in a manner above reproach. You may want to ask colleagues or supervisors for advice. Also, be as upfront as possible with the parties involved. Learn more about conflict of interest.
Plagiarism
Plagiarism is an issue in both academic and professional situations. The term refers to using another person’s work without proper credit or attribution. Plagiarism is a very serious offense in the strategic communication field, and is particularly egregious in journalism. In 2011, a Washington Post journalist, Sari Horwitz, was accused of directly copying content from the Arizona Republic while covering the shooting of congresswoman Gabrielle Giffords. The Post issued an apology and suspended Horwitz for three months.4
Horwitz also expressed her remorse and released a statement as reported by NPR:
“I am deeply sorry. To our readers, my friends and colleagues, my editors, and to the paper I love, I want to apologize. … Under the pressure of tight deadlines, I did something I have never done in my entire career. I used another newspaper’s work as if it were my own. It was wrong. It was inexcusable. And it is one of the cardinal sins in journalism."5
Plagiarism is not committed primarily by students or those new to the field. Horwitz was an experienced journalist who had received the Pulitzer Prize three times.
Another highly publicized case of plagiarism involved a speech given at the 2016 Republican National Convention by Melania Trump, wife of President Donald Trump. Soon after she delivered the speech, some took to social media to point out similarities to a speech given by Michelle Obama at the 2008 Democratic National Convention.
News media outlets later reported that parts of the speech were lifted directly from Michelle Obama’s speech.6
Meredith McIver, Melania’s speechwriter and an employee of the Trump organization, took responsibility for the incident and stated that it was a mistake.7 McIver was not fired, and many outraged observers questioned the integrity of the Trump campaign.
Lack of transparency
Most crisis communication experts agree that transparency is key to maintaining the public’s trust. Lack of transparency can have devastating effects that sometimes leave a permanent stain on a company or brand’s image. Brands cannot thrive without the public’s trust.
For example, in 2015, Volkswagen was accused of cheating on emissions tests. Several news outlets reported that the German car company used a “defeat device” in many of its cars as far back as 2009 to mislead the Environmental Protection Agency (EPA). These devices were able to detect when tests were being conducted and help reduce toxic emissions during the procedures. In reality, the vehicle emissions were consistently well above the levels permitted by the EPA. Find out more here: The Volkswagen Scandal
Soon after the public received the news, Volkswagen's sales plummeted and a social backlash against the company ensued. As a result, the CEO resigned and the company lost the public’s trust. The organization went through damage control court settlements for years.
Compromising transparency to benefit a company’s bottom line may seem like a good idea in the moment, but the long-term damages can be significant.
Misleading advertisements
Similar to public relations agencies, advertising firms often have a reputation for using manipulative tactics at the expense of the consumer. This is largely due to consumers’ experiences with misleading advertisements or promotions that exaggerate claims or misinform audiences. The goal of an advertisement is to emphasize the benefits of a product or service over any drawbacks or shortcomings; however, agencies should not create deceptive advertisements at the expense of consumers
Ads that “raise health and safety concerns … and those that cause economic injury” are actionable.8 By law, claims in advertisements have to be truthful and supported by evidence. Going back to the Volkswagen emissions scandal, the company faced legal troubles for falsely advertising that its cars had low emissions. The Federal Trade Commission filed a complaint against Volkswagen in federal court and argued that the company deceived its consumers through unsubstantiated claims and corrupt evidence. Learn more about false advertising scandals here.
FTC consumer protection laws vary from state to state. These laws ensure that consumers are not misled and that agencies provide fair communication to their target audiences. The FTC can determine whether an advertisement is deceptive. The criteria for deception are as follows:
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The advertisement should have a high probability to mislead the average, reasonable consumer; and
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Advertisement claims should cause the consumer to buy the product or service based on misinformation.
If consumers report an advertisement to the FTC, the organization then goes through a series of steps to decide whether the ad is truly deceptive. You can find a list of the steps here.
Numerous companies are taking measures to create an ethical brand image. One strategy is through corporate social responsibility.
Corporate social responsibility refers to the concept of building a business model around seeking to benefit society. Not all promotions claiming social responsibility actually represent this type of deep-seated commitment, but some companies and corporations are working on sustainable models throughout their approach to doing business.
Corporate social responsibility in action can take a variety of forms from making charitable donations to local causes to underwriting beneficial projects in developing countries. There are several benefits to demonstrating and promoting corporate social responsibility. Organizations that do so tend to have a better public image. Strategic communication professionals play a key role in branding businesses as socially conscious through message design and brand management. Their efforts help to spread awareness of these initiatives and make them a part of the organization’s brand identity and core values.
References
1. Chow, E.K. (2014). Why Courtney Love’s ‘Twibel’ lawsuit is good for the Internet. Huffington Post. Retrieved from: http://www.huffingtonpost.com/eugene-k-chow/why-courtney-love-twibel_b_4688426.html
2. Harrower, T. (2012). Inside Reporting. New York, NY: McGraw-Hill Education.
3. Business Dictionary. (2016). Definition of conflict of interest. Retrieved from: http://www.businessdictionary.com/definition/conflict-of-interest.html
4. Memmott, M. (2011). Pulitzer Prize-winning reporter apologizes for plagiarizing. NPR. Retrieved from: http://www.npr.org/sections/thetwo-way/2011/03/17/134620598/pulitzer-prize-winning-reporter-apologizes-for-plagiarizing
5. Ibid.
6. Horowitz, J. (2016). Behind Melania Trump’s cribbed lines, an ex-ballerina who loved writing. The New York Times. Retrieved from: http://www.nytimes.com/2016/07/21/us/politics/melania-trump-speech-meredith-mciver.html
7. Ibid.
8. Federal Trade Commission. (2016). Division of Advertising Practices. Retrieved from: https://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection/our-divisions/division-advertising-practices