Public Relations and the Law

1. Public relations personnel can run afoul of the law or generate a suit simply by
communicating information
2. Examples of cases and lawsuits that involved public relations materials and the
work of practitioners:
a) An 81 year old man sued the United Way of America for using his picture
on campaign posters and brochures without his permission
b) The Federal Trade Commission (FTC) filed charges against three national
diet firms after they failed to provide factual evidence in their advertising
and publicity that clients actually achieved weight-loss goals or
maintained them etc
3. Public relations practitioners must be aware that they can be held legally liable if
they provide advice or tacitly support an illegal activity of a client or employer
4. This area of liability is called conspiracy.
5. A public relations practitioner can be named as a coconspirator with other
organizational officials if he or she:
a) Participates in an illegal action such as bribing a government official or
covering up information of vital interest to the public health and safety
b) Counsels and guides the policy behind an illegal action
c) Takes a major personal part in the illegal action
d) Helps a front group whereby the connection to the public relations firm
or its clients is kept hidden
e) Cooperates in any other way to further an illegal action
6. Public relations practitioner or firms cannot hide behind the defense of the client
told me to do it.
Libel and defamation
1. Libel is a printed falsehood and slander was an oral statement that was false.
Today as a practical matter, there is little difference in the two, and the courts
often use defamation
2. Defamation is any false statement about a person or organization that creates
public hatred, contempt, ridicule, or inflicts injury on reputation. A person filing a
libel suit usually must prove that:
a) the false statement was communicated to others through print, broadcast,
or electronic means
b) the person is identified or is identifiable
c) there is actual injury in the form of money losses, loss of reputation, or
mental suffering
d) the person making the statement was malicious or negligent
3. Corporations are able to respond and rebut defamation charges made against them
4. This is because they are considered public figures for several reasons:
a) they engage in the advertising and promotion offering products and
services to the public
b) they are often involved in matters of public controversy and public policy

c) they have some degree of access to the media through regular advertising
and news releases