Saturday, April 2, 2011

Ethics and the Law in Public Relations

During the week of April 4-8, my COM 370 Public Relations students and I will discuss the importance of ethics in the public relations profession. I know from my experience as a public relations practitioner and educator that professionals in any field must adopt a moral framework that guides ethical behavior. This is especially important in the public relations profession, where practitioners must earn and maintain the trust of their audiences.

Author and public relations expert Frazier Seitel noted, "The practice of public relations is all about earning credibility." He added, "Credibility in turn, begins with telling the truth. Public relations, then, must be based on 'doing the right thing' -- in other words, acting ethically."

Please click this link or the "Read more" link below to continue reading this blog post.

Ethical behavior has always been important in our field. Well publicized lapses in ethical decision making over recent decades suggest we must pay more attention to ethics. Think, for instance, about the costs and impact on public confidence of the following scandals:

Watergate. A 1972 burglary at a Washington, D.C., office building that involved the theft of political documents and attempts to cover up the incident by U.S. President Richard Nixon and his administration led to Nixon's resignation.

Enron. Shareholders in this massive energy company lost nearly $11 billion when Enron executives and accountants conspired to hide from the public the company's impending bankruptcy.


Madoff Ponzi Scheme. In 2008, investment manager Bernard Madoff revealed that he and his investment firm had bilked investors out of nearly $65 billion dollars over several years. The investigation into this scheme and efforts to collect assets to repay investors continue.

Hence, according to the Institute for Public Relations, "The ability to engage in ethical reasoning is growing in demand and in importance in public relations. Academic research, education and professional practice all are focused more than ever on ethics." (Click here to read more.)

Best-selling author Don Tapscott has attributed the increased demand for ethics in business to the transparency of our digital world. In "Grown Up Digital: How the Net Generation is Changing Your World," Tapscott reported, "Integrity is the foundation of the new enterprise. In North America, Net Genners define integrity as being honest, considerate, and transparent. They expect employers to be this way and live by their commitments. Young people respond well to management integrity and quickly become engaged."

Don Tapscott
In Macrowikinomics, Tapscott noted the importance of corporate social responsibility (CSR) and how increased demand for ethics has changed the way businesses apply CSR over the last decade. According to Tapscott, "Ten years ago, advocates of so-called corporate social responsibility (CSR) coined an expression: You do well by doing good. They were wrong. At the time, it was possible for organizations to do well by behaving badly — for example, by having terrible labor practices, employing “creative accounting”, being a monopoly, externalizing their costs onto society, having shady environmental behaviors, having lousy products, abandoning customers, and so on.

However, Tapscott wrote, "Increasingly, because of the new, open world driven by mass online collaboration, that expression for CSR is finally becoming true." Moreover, Tapscott added, "The overwhelming reason for this step change in recent years is transparency. There is strong evidence that companies and other organizations are being forced to act with integrity, not just by regulators and institutional shareholders, but also because of the transparency of this networked age. Thanks to a broad range of online technologies — such as blogs, social media and wikis — the public can very quickly and very easily find out what’s really going on. They can inform others, and they can organize collective responses."

Note to students: Learn more about Don Tapscott and his research into you, the students, or the "Net Generation." Click the link underneath the picture of Don, below, to watch his viral video, "Hey Moron," which dispels conventional myths about today's youth.

"Hey, moron!"
Click here to play video.
Though certain situations might tempt us to stray, it is absolutely essential for a public relations professional (and student) to develop a moral framework and use ethical principles to guide behavior at all times. Furthermore, it is not enough to discipline oneself to behave ethically. A public relations professional must often become "the conscience of an organization," willing and able to offer ethical and legal counsel to senior leaders, clients, and colleagues.

This includes the need for public relations experts to operate within and offer counsel on legal guidelines. Most public relations managers have taken courses in communication law and work closely with an organization's lawyers to ensure legal as well as ethical behavior. Read this blog post by the Public Relations Society of America about a practitioner's role in managing ethical and legal behavior.

ADM Leighton W. Smith Jr.
Let me leave you with a few words by a former boss of mine, Admiral Leighton W. "Snuffy" Smith, U.S. Navy (Retired). Admiral Smith served as the commander-in-chief of the North Atlantic Treaty Organization's (NATO's) military forces in Southern Europe in the mid-1990s and I was his chief of public affairs officer. Together, we deployed to Bosnia-Herzegovina from 1995 to 1996 to implement the military provisions of the international peace accords that ended a three-year war in the Balkans. 

Admiral Smith and I faced many ethical and legal dilemmas during our time together, which were complicated by the international nature of our operations (see sidebar story, below). No, not all nations or citizens share the same legal or moral principles. Many times these principles had to be negotiated, which risked moving us into an "ethical relativism" that could result in basing ethics on the particular situation at hand. When this happens, one often loses any sense of ethics and begins to behave in whatever manner the situation calls for. Admiral Smith, one of the most ethical leaders I have ever served with, said this about the importance of ethics in all situations:

Admiral Smith with journalists,
Sarajevo, Bosnia, 1996.
"It appears that there are occasions where perhaps some people thought that they could bend the rules a little bit from an ethical perspective because of the situation they happened to be in. I don’t happen to think that ethics is a situation. And so, what you’re really trying to do is … it sounds so damn simple and it’s almost embarrassing to say it … but it comes down to what’s right and wrong. And, one of the best definitions of integrity that I ever heard was being able to identify and keep your compass on true north in a storm. And we had a lot of storms, and I just tried to make sure I knew where true north [was]."

I invite your comments and welcome your thoughts on the vital role of ethics and law in the public relations profession. Please include personal and professional stories from your experience, along with any other examples that might inform our discussion.

Azra Basich, in custody. David Perry, The 
Lexington Herald-Leader, via Associated Press 
Sidebar Story: From The New York Times, April 4, 2011. Croation woman now living in the United States charged with atrocities during war in Bosnia-Herzegovina. "Friends say Azra Basic spoke of killings in the Bosnian war, but they believe she was forced to make impossible moral choices."

Click here to read the full story. (Caution: This article describes violent acts that are extremely offensive.)

15 comments:

  1. I think that the field of Public Relations needs to have a concrete method of law and ethics to stick to; there cannot be any uncertainty regarding ethics. Public Relations professionals are obviously seen quite often in the public eye, so there is a lot of pressure to keep a perfect image of both the company being represented and the individual as well. Perhaps PR professionals have gotten such a bad reputation in the past because of shady and unethical behavior.

    Scandal is something that is never going to go away, but that doesn't mean that it cannot be avoided as a person practicing public relations. I feel that we have the necessary tools and the right mindset to avoid inappropriate behavior in the business world. It's not that difficult to remain untainted; it only takes the right morals and willpower.

    In my opinion, ethics is certainly a complex concept to grasp, but being appropriate and professional is not. I think the two go hand and hand in this field.

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  2. I agree with Julie. While it would be helpful to have a concrete law regarding the practices of public relations, it seems like that would be easier said than done.

    I took note of what Dan Tapscott said of bad business. While bad business can still reap positive outcomes, I think that bad business practices can more often than not effect all facets of a business, not just their sales or performance. If a company is endorsing bad business practices, I think that their employees are less likely to support the company they work for. When employees turn their back on their company, this can create even more problems, such as low loyalty and allegiance to the organization they work for.

    Bad employee relations then has the power to trickle down to customer relations, as employees are often communicating with the public. If an employee cannot represent an organization well, then what can? If customers recognize this, sales or performance will inevitably decrease.

    While it is definitely possible that a company can operate well while still maintaining poor business practices, I think it is less likely for this to happen than if a company were endorsing good business practices.

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  3. I feel like sometimes ethics may either get overlooked or altered in the field of public relations especially when it comes to government issues or corporate scandals.

    It is a hard judgement call to figure out what information should be shared with the public because sometimes their response could mean huge consequences. It's often argued that the people have the right to know but at the same time if PR professionals shared all government and corporate business then things might get chaotic. While some say knowledge is power, too much power to the people might cause extreme confusion if messages are inaccurate or go against the public's original ideas of what is going on in the world. Some ethics are subjective and while telling the truth is number one in PR, some "professionals" may choose to leave out information as their method of telling the truth.

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  4. I think it is important for people working in a public relations field or job to always keep in mind what is right and wrong. However, not just what they think is the right thing to do, but what they believe and know what their audiences thinks is moral. That is hard to accomplish though because everyone has different beliefs. So that is why I agree it is so important for a pr company or firm to have a code of ethics. Without one, employees might act according to their own ethical framework which can prove disastourous. Working in public relations means that one needs to keep in mind how their audience feels and reacts to situations so a code of ethics is key.

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  5. I'd like to note the reference to the way the internet has reshaped the way businesses operate on an ethical basis.

    "There is strong evidence that companies and other organizations are being forced to act with integrity, not just by regulators and institutional shareholders, but also because of the transparency of this networked age. Thanks to a broad range of online technologies — such as blogs, social media and wikis — the public can very quickly and very easily find out what’s really going on. They can inform others, and they can organize collective responses."

    As we've mentioned in our public relations class, the growing presence of social media and other online tools has increased public awareness to current events. In relation to unethical practices, it is harder to hide behind the closed door of your organization. As Ivy Lee once said to Rockefeller, it is always best to tell the public the truth because the public will uncover the truth anyway. In order to keep up in this technologically driven world, an organization needs to supply its consumers with company objectives and strategies to meet these objectives in real time. What the public wants to know, the public will find out.

    That being said, a PR representative for an organization needs to be aware of and format the practices of their organization to meet ethical standards. Not only will it promote the image of the organization in the public eye, but in building this image the company gives itself future advantages if there ever were to be an ethical pitfall in the future.

    Regardless, PR representatives always need to be thinking in an ethical light. It is the job of the PR representative to best represent the mission and goals of their organization and do so as ethically as possible, thereby creating an organization the public supports and trusts.

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  6. I find that in all my classes, no matter what subject, one common topic that is always touched on and always debated is ethics. With all the different possible situations and circumstances you can find youself in, how does one determine what is ethical/moral?

    I think a key part of determining your own ethical code is consistency. You need to stick to what you believe in no matter what othersmight say or think. If you are constantly changing what you think is "ethical" you'll appear as contradictory and therefore untrustworthy. The best you could do is be honest at all times and be strong enough to stick to what you believe in, even in the face of criticism.

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  7. I believe that it is absolutely crucial for a public relations professional to stick to an ethical code and always pay mind to what is right and what is wrong. Throughout the majority of my college career, it's been drilled into my head how important is it to obtain and maintain credibility - following ethical codes allows this to take place.

    Just recently I questioned myself on whether or not obtaining a job in the public relations field was right for me due to the negative connotation that I am learning is often associated with it. In questioning myself I realized that it's up to the public relations professional on how they are perceived, if they follow a code of ethics they were will be able to earn and maintain trust from their audiences.

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  8. Ethics is essential in every profession today and not just restricted to the PR field. A code of ethics defines the morals and expectations of an organization and expects all employees to share the views and abide by the standards. If an employee does not believe in or follow the code of ethics, then they are not likely to succeed in that organization. As mentioned, in order to be credible, you must be honest and know the difference between what is wright and wrong. A good company wants employees who are going to follow these guidelines and truly believe in what they stand for.

    Nowadays, it is easy to distinguish how ethical an organization truly is through advanced technology. Consumers can easily discover the truth behind an organization by simply searching the web. This was not always the case and it is astounding how exposed these organizations are. Dr. Van Dyke mentioned that organizations are now forced to act with integrity. It amazes me that there are companies out there that are FORCED to act ethically instead of WANTING to act ethically. It is also amazing how sneaky some organizations were or could be because they think they will not get caught. Now the fear of exposure motivates companies to adopt an ethical standard.

    Overall, ethics are key if an organization wants to succeed and flourish in today's world.

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  9. I think the most interesting thing when it comes to this topic is businesses who do not choose to practice socially responsibility. In an age where media and the ability to get news out instantly is all around, there is little chance that bad news will not get out. The cases listed such as the Madoff Ponzi scheme and Enron are cases that will go down in history for all the wrong reasons. Companies like Microsoft, Berkshire Hathaway, and Ben and Jerry's were built on corporate social responsibility and are all very socially responsible companies that are extremely successful. The way that these countries are perceived due to this is very helpful to not only their image but also those following them. This is due to the fact that any wrongdoing or transgression is readily available with the immediate nature of news today. The advice of Admiral Smith seems to ring truest in these cases. As for ethics it is no longer an option but a necessity in business in the 21st century.

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  10. I completely agree with Liz Hemmer (above) that being in the field of public relations in today's vast business world, you never know what sort of situation you are going to find yourself in. As a result, it can be quite difficult to determine what is the best moral and ethical way to behave in such situations.

    I believe that the answer lies in what Admiral Smith said about the importance of ethics in all situations. According to Admiral Smith, "I don't happen to think that ethics is a situation." This comment resonated with me because it is completely true. We cannot and should not "tailor" our own personal code of ethics to the type of situation that we are in, that is just not moral. Instead of basing our decision on what moral actions to take on the situation, we need to base it on our "moral mindset."

    That being said, while I agree with Abbey Scalia and Julie Maio (above) that we need to have a concrete law regarding ethics in the practice of public relations, I do not believe that it would completely solve the problem that we are having. Instead of adding or changing our "legal framework", we need to change our "mental framework." In other words, each person needs to make a conscious effort to determine their own ethical code and stick to it.

    Like Admiral Smith, I believe that ethics is a frame of mind or a certain mindset. It cannot be altered depending on the situation that one may find themselves in.

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  11. I agree with Liz H. It seems that in all my classes, spanning from public relations to psychology, the topic of ethics comes up. Just last week in my research methods class, my teacher asked me if something was ethical or not, and I found it difficult to give him an answer. As many students have said, there should be a concrete framework for ethical behavior. However, I also agree with Jessica H., because ethics is largely about perception, and people may view ethical and unethical behaviors differently. This, in turn, makes it very difficult to create a set framework that everyone must follow.


    From the article, it is clear that ethics leads to many different problems, from schemes to burglaries and covering them up. As we know, history repeats itself, so it is likely that ethics and politics will intertwine and produce something negative that harms many people as a result. It is important that PR officials practice being honest and avoid "spinning" something to avoid leading to unethical behaviors.

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  12. With the field of public relations, ethics is crucial. I agree with what Frazier Seitel's statement, "Credibility in turn, begins with telling the truth. Public relations, then, must be based on 'doing the right thing' -- in other words, acting ethically."

    I agree with what the other students have mentioned above in that we need a concrete and stable law of ethics in the practice of public relations. We speak about ethics in almost every class here at Marist but what, in fact, does it actually mean? Is ethics all about listening to what others believe true to their hearts and adopting their view and following after in their footsteps? Perhaps.

    I feel ethics is determined solely by an individual and that this varies from person to person depending upon personal belief. It is vital that each person creates their own personal code of ethics and follow it throughout the many layers of their lives.

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  13. As some students have stated, I think ethics is a very important part of public relations. Many people mistakenly think that our field, only cares about "spinning" the truth in order to push our product or service to the public. I believe when you deal with the media, it is important to be ethical because it helps you do your job better. As Seitel states public relations must be based on doing the right thing. What is the right thing? Doing what you think is best and agrees with your values. In my experience, the public can sense when people are not being truthful or ethical, those who are not, are always dealt with the hardest hand. Being ethical is not always easy, but it can be done.

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  14. While ethical behavior always seems to be a very important issue in people's personal lives, it is not always so obvious in people's working lives. The same moral priniciples, in which we strive to live our lives by, must transcend into all aspects of life, including our jobs. If business deals or medical procedures are based on unethical decisions, are they really valuable?

    Ethical behavior is not only imperative to having moral, credible individuals, but also to creating a successful business. Without one, can you really have the other?

    Since we are human, we are not always going to do the right thing, however I believe, being ethical requires a conscience effort to choose good. If a person has the capability to recognize the difference between right and wrong, I think it is their moral responsibility to always stick to what they believe in and do the right thing.

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  15. I agree with Meghan. Despite the fact that we all have taken (or will take) classes about ethics here at Marist, I have always found ethics to be a rather ambiguous field of thought. This perhaps accounts for why there are so many philosophers advocating different theories on how to best live one's life in accordance with individual moral codes and social values.

    But what I find increasingly complex is that in today's world, most communication is disseminated on a global scale. And as we know, different societies have different means of viewing right vs. wrong, good vs. evil. So I actually think it is one of the hardest things for an organization to do in formulating a code of ethical guidelines that will resonate with all audiences, especially if that organization is intending on operating on an international framework. Different countries and societies have their own political, economic, social, religious, cultural and group values which can all contribute to effecting how a particular person in a particular society has been conditioned to view certain actions/thoughts/behaviors.

    While I can clearly see the value of a standardized code of ethical conduct being effective in regulating an organization's protocol and procedures, the term "ethics" becomes a bit more blurred when we examine it through the frame of outside perspectives.

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