LAWS & PUBLIC RELATIONS

Laws in free societies are statements of principles people have agreed to live by in order to get along together and to live in peace and harmony, protecting and advancing societies cherished values and discouraging those actions considered detrimental to public welfare. 

Law deals with what is right or wrong, proper and improper, permissible or denying; through them for all frustration is sometimes produced we would all be in solid state. For PR professionals no single area is more important. Law and regulation with their application tell our institution what they can do and cannot do where with whom and for how much. Equally important to tell us what others can do and cannot do to us. Simply stated they are the rules and we cannot play games effectively unless we understand goods.

LEGAL SENSITIVE

Conflicts can quite frequently arise between PR professionals and attorneys playing on some team and representing visiting the same client or institution. Most frequent argument for simple matters, openness, how much we can say. PR professional must be aware of basic legal consideration; effective institution served in general and intimate laws and relations that govern professional’s actions or professionalists.

Five major areas of concern

While law is complex and exhaustive most of the matter PR professionals need to be concerned with can be grouped into 5 categories

a.   Communication Law and Regulation

b.   Law and rules concerning financial relation

c.   Consumer relation

d.   Employee relation

e.   Environmental laws

 

a.   Communication Law and Regulation

The first involves those laws and regulations that in one way or other deal with communication and most particularly with truth, accuracy and fairness in communication with privacy and regulation of individual and organization.

b.   Laws and rules concerning financial relation

Second involves laws and regulation concerning how in business deals with and communicates to its shareholders both present and potential. For most part this is a matter of ruling and administrative laws laid down at securities and exchange, commission and major stock exchange.

c.   Consumer relation

Third major area concerning legal sensitivity is the way business deals with customers, quality and safety of its products and services and how it condensed itself as competitor and how it regains itself in respect to state laws under which it is clustered.

d.   Employee relation

Fourth is the matter of way in business or institution condensed itself in relation to its employees. Central, state laws and regulation in this area flow from labor dept, enrollment dept, and occupational safety authority.

e.   Environmental relation

Finally is the matter of law how an opposition condenses itself with respect to environment as protection of public from hazards or harms that might be created from its operations. PR persons should be aware of environmental and pollution regulation enacted by various central state and municipal authorities and keep in mind that this is moving target. New laws are passed each day. New regulations are made, all of which are to underscore fact a law or regulation exists somewhere governing practically any move an organization makes and they all have PR in implication. A professional must be individual smart enough to keep in mind all laws are a result of required needs. Injustice or inequality and most laws are result of legislature reacting to what they think their constituents think about an issue. Another way of saying it is that most laws have their basis in public opinion. Public opinion is public turf. For business organization and PR officials it is for better to be sensitive and responsive to public welfare in first instance than to have to deal with corrective rules later. Part of professionals job is to make sure his or her management colleagues understand this.

COPYWRIGHT AND CONTEMPT OF COURT

Those engaged in PR should also be familiar with laws concerning liable contempt of court and legislature and copyright.

Liable – It is a writing tending or amounting to harm or injury and regret character of person who is the object of it. It is a defamatory statement published in press or otherwise while slander is old defamation, liable is the publication of a false defamatory statement expression (printing or by signs, picture or in some similar form) which is permanent and published without lawful justification or excuse concerning a person and which injures ones reputation. Statement is divided into following categories:

a.   Exciting hatred, contempt, scorn or ridicule

b.   To be shunned or avoided by society

c.   Effecting profession or office

d.   Effecting trade or business

For instance, calling person a liar or villain or a swine or making dishonorable comparison of person to character in history, fiction or mythology or announcement lyharus statement.

Difference usually put up a justification, privilege, fair comment an innocent to mark to express truth about person for public good or to express in good faith and opinion about contempt of public servant in discharge of his public function or of any person touching any public question is not liable similarly publish substantially true report of court of law or to comment on good faith or merits of civil and criminal cases is not considered defamatory. A reporter carries press in good faith and opinion on merits of case, which have been decided, or merits of any performance, which its author has submitted to judgment of public. He can also make comment on another person. A good faith if it is for production of person making it or any other or for public good. Acceptance of defense as indicated depends upon interpretation of statement made and appreciation of evidence by court. Solution available to aggrieved person in India is of two parts – civil action under common law and criminal proceeding for deformation. In first essential for damages by minority compulsion, in criminal proceeding it is punishment with fine or imprisonment.

 

CONTEMPT OF COURT

Any act done or writing published calculated to bring court of law into contempt or lower authority or obstruct or interfere with new course of justice or lawful process of court is contempt of court. For instance publication of proceedings of court are being heard in camera, false and grossly inaccurate reporting are court proceeding, publication that made them to interfere with orderly administration of justice or publication that scandalizes the court, adjures counsels, parties or witnesses are contempt of court and also comment should be made and for care should be taken in reporting when case is subjoined.

Press does enjoy privilege of fair comment but personal attach on judges attributing in competency, corruption, partiality, judicial dishonesty, political or caste bias, improper motives are considered contempt of court.

 

COPYRIGHT

Copyright is a right to a person in respect of a work produced by him as a result of exercise of skill, judgment and labor. Under copyright act protection is given to literary, dramatic, musical, artistic, archaeological or any work related to craftsmanship in writing and also to films, television, broadcasting production, reproduction, performance in public. However, a fair dealing with literary, musical, artistic work for the purpose of research criticism, review, reporting, current event in newspaper or magazine or judicial process etc do not constitute infringement or violation of copyright under copyright act registration of any work in which copyrighting existence is entirely voluntary. In absence of registration, interest for fringement to be under common law.

ADVERTISING & PUBLIC RELATIONS

Advertising is one of the most important tools of PR. Advertising communicates its messages in paid or space or time in newspapers, magazines, or electronic media. The word advertising is originated from Latin word ‘advertere’ that means to turn attention or turn mind to. In other words, it turns attention of public or buyers to service or goods provided by marketer or producer or manufacturer. In advertising all efforts are employed to turn or to guide attention towards desired objectives of informing or selling of product. Advertising is a paid form or non-personal presentation of goods or services.

Some of the definitions are

Advertising is any paid form of non-personal presentation of ideas, goods and service by an identified sponsor. This definition has been prepared by American marking decision 

Advertising is means of communicating information pertaining to products, services, or ideas by other that direct personal contact on openly paid basis with objectives to sell or obtain valuable consideration

Advertising is the means by which we make what we have to sell or what we want to buy.

Objective of advertising

The objective of advertising is to make quick sale and build primary demand and to inform the audience about the availability of goods, ideas and services.

The objective of advertising is also to create a restricted and reputation for services and to build a corporate image. Its objective is also to reach new areas of population. The purpose of advertising is consumer of goods and services must be informed about which firm manufactures what kind of goods and which company offers what kind of services as well as potential buyers who must be motivated to buy them. Motivation is a psychological function. It is a function of creating influence on the minds of people. This psychological function helps advertisers to gain attention, create interest, influence desire, inspire confidence to satisfy and take decision and action. 

Advertising broadens knowledge of consumer of goods and services,

 

Purpose of advertising

Consumer goods and services must be informed about which companies offer what kind of services in future these bias must be motivated. Motivation is a psychological function. It is a function of influencing the minds of people. This helps advertisers to

-         Gain attention

-         Create interest

-         Influence desire

-         Inspire confidence

-         Decision and action

-         Satisfaction

After prospective buyer is motivated i.e., will say yes to the following questions

Do I really need to make purchase?

If so is this the product I should buy?

Is firm who sells the product reliable source from which to buy?  

Is the price reasonable?

Should I buy now at this time itself?

 

ROLE OF ADVERTISING

Advertising broadens the knowledge of consumers of goods and services. It informs public about the new products, new thoughts or ideas. It helps to communicate information from government. The object and importance of advertising is

-         to make an immediate sale

-         to build primary demand

-         to inform of availability of product, service or ideas

-         To create reputation for service

-         To build on overall corporate image

-         To which new areas or new segment of population within existing areas

 

Function of advertising

There are two main functions – economic and social.

Economic function

–        advertising gives information about various products and services for which consumers make demands.

–        It increases number of consumers and with it volume of sale

–        It helps to create a good image i.e. reputation not only of product but also of advertiser

–        It helps to keep prices of goods and services offered among firms well balanced

–        It helps to establish a direct contact between manufacturers and consumers

Social function

-         Advertising brings greatest number of people actual knowledge concerning useful things

-         It is essentially a form of education. The process of civilization depends upon education

-         It leads to large scale production creating more employment chance

-         It nourishes consuming power of human beings. It creates wants for better standard of living

-         Newspapers and journals would not have been so popular and cheap if there had not been advertisements

-         It assures employment opportunities for professional artists and writers

 

CLASSES OF ADVERTISING

There are seen classes of adverting

-         Primary demand advertising – it relates to newly developed programs

-         Product or institutional advertising

-         Cooperative advertising

-         Commercial advertising – aimed at increasing sales

-         Noncommercial advertising – usually by nonprofit organizations or charitable organizations

-         Public cause and public service advertising

PUBLIC RELATIONS

The British Institute of Public Relations defines PR as 'The deliberate, planned and sustained effort to establish and maintain mutual understanding between an organisation and its public'.

Public relations is an ongoing inclusive activity and required planning. A cheerful greeting by a receptionist, an efficient clerk, a polite peon, a well drafted letter, social undertakings, all contribute toward better Public Relations. Thus every person in an organisation directly or indirectly is a PR person. However, due to increasing competition, most large organisations have a dedicated PR Department or Officer or they outsource their PR needs to a PR agency or company.

FUNCTIONS OF THE PR DEPARTMENT

1. PRESS RELATIONS - The PR department disseminates information to the press about the various events, activities, social undertakings etc. This enables increase in publicity.

2. PRODUCT PUBLICITY - Information about the product is presented to the media in the 'Paid sapce'. This is read or heard by a company's customers and prospective customers. It can also publicise the product through sponsorships

3. CORPORATE COMMUNICATION - PR departments promote the understanding of the company and its prodcts and services through internal and external communication.

4. LOBBYING - It means dealing with legislators and governmental officials to promote regulations to the advantage of the company.

5. COUNSELING - PR departments advise the top management on matters related to PR. This also includes advising the company in the event of product mishap. e.g. Maggi

6. IN-HOUSE JOURNALS / NEWSLETTERS / BROUCHERS / ANNUAL REPORTS - Many institutions distribute these to stakeholders as these enable spread information about the company and its products.

7. SPECIAL EVENTS - PR departments also help organisations attract media attention by arranging events, sponsoring events, funding NGOs etc.

8. STAFF WELFARE - Activities for members of the staff are also organised in order to increase their morale. e,g. Achievement recognition, best employee awards, etc