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202 Cards in this Set
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whats the difference between lawyers and public relation advisors
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Lawyers correctly advise clients on what they must o, within the letter of legal requirements, to defend themseleves in a court of law
Public relations advisors counsel clients on not what the must do but what they should do to defend themsevels in the court of public opinion |
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public relations and the law both begin with the
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first amendment to the consitution that guarantees freedom of speech in our society
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from a legal point of view a organization should say
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as little as possible prior to there court date
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from a public relations view a organization should say
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it often makes sense to go public early on, especially if the organizations integrity or credibility is being called into public question
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defamination laws include
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libel and slander
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defamation
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is the umbrella term used to describe libel- a printed falsehood-and slander-and oral falsehood.
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for defamaion to be proved , a plantiff must convince the court that certain requirements have been met
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1. the falsehood was communicated through print, broadcast, or other electronic means
2.the person who is the subject of the falsehood was identified or easily identifiable 3. the identified person has suffered injury- in the form of monetary losses, representational loss, or mental suffering |
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actual malice in a public figure slander case means
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that statements have been published with the knowledge that the were false or with reckless disregard for whether the statements were false.
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actual malice trumps
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truth is a defense against libel..... NOT ALWYAS TRUE
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A practitionar in a hostpial should have an understanding of
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managed care and its ramifications
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A practitionar at a non-profit organization should understand the
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laws that govern donors and recipients
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A practitioner at a college ought to undertsnad the
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law that govern the privacy of student and faculty records
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A practitioner in a particular industry- chemical, computer, banking, sports, - should understand
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the laws germane to that particalr area
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every public company has an obligation to deal frankly, comprehensively, and immedietly with
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with any information that is considered material, a material announcement is one that migth cause an investor to buy, hold, or sell, a stock
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The securities and exchange commission
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has painted a general portrait of disclousre requirements for practitioners, with which all practitioners in public companies should be familar
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Securities ACT of 1933 and the securities exchange act of 1934
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which attempted to protect the public from abuses in issuance and sale of securities .... also gives securities exchange commision SEC its mandate
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The SECs overriding concern is that
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all investors have an opportunity to learn about material inofrmation as promptly as possible. basically a company is expected to release news that may affect its stock market price as quickly as possible
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antifraud statue 10b-5 of the securities exchange act
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the SEC strictly prohibits the dissemination of false or misleading information to investors , insider trading on the basis of material info not disclosed to the public
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Ivan Boesky and Michael Milken
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two wall street legands, who were involved in a huge insider trading scandel at the turn of the 20th century
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Sam Waksal
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ImClone got martha stwart to go to prison. knew the drug was no going to be approved by FDA
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besides cracking down on insider trading , the SEC has challanged
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cooperations and public relation firms on the accuracy of information they disseminate for clients.
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regulation FD or fair disclosure
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regulation FD requires companies to widely disseminate any material anouncments.
media relases used to only be given to large investors or security analuyst. but now evene if the news accidnetly slip out, it must be issued to the news within 24 hours |
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Sarbanes-Oxley act
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came as a result of large cooperate financial scandals.required all publicly traded companies to increase financial disclosure and submit and annual report of the effectivness of their internal accounting controls to the SEC, with criminal and civil penalties for noncompliance
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copyright law
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provides basic, automatic protection for writes, whether a manuscript is registered with the copyright office or even published. an "original work of authorship"has copyright protection from the moment the work is in the following fixed form
literacy work, musical work, dramatic work, choerogpahic wok, pictoral, motion pictures, sound recordings |
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the word fixed means
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that the work is suffieciently permanent to permit it to be percieved, reproduced, or otherwise communicated
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copyright law is different from trademark law because
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trademark refers to a word, symbol, or slogan used alone or in combination, that idenittifes a product or its sponser - for ex nike swoosh
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when courts have stated again and again is that for the purpose of -----,-----,----,----,or--------, the use of copyright material is not a infrigment but rather------
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critisim, news reporting, teaching, scholarship , or research
fair use |
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fair use is
and ex |
vauge....no speicifc limit on how much you can quote or what you can quote.
AP put a limit on how much you can quote |
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overtime the supreme court has stregthened the copyright status of
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freelance artists and writers. ruling that professionals retain the right to cpyright what they create as long as they were not in a conventional employment relationship with the organization that commisioned their work
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what to know about censorship
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in 1996 congress tried to pass Communications decency act(CDA) giving criminal penalties to anyone allowing indecent speech available to a person under 18yrs of age. but it was unconstitutional. then tried to pass child online protection act, and tried to get search documents from google(who refused) also considered unconsitutional
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intellectual property story
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everyone hates napster
90percent of all IP in china is pirated |
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cybersquatting
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grabbing domain names in bad faith, expressly for the purpose of tormenting or shaking down a rightful registrant. cant take exact name because of trademark laws but cybersquatting register names that only differ slightly trying to ether sell the name or disrupt the companys commerce
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click fraud
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click you website to make it seem more popular in search ranking giving skewed data to marketers
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litigation public relations
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managing the media process during the course of any legal dispute so as to affect the outcome or its impact on the clients overall reputation
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what are the 7 steps to the litigation process
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learn the process
develop a message strategy settle fast anticipate high-profile variables keep the focus positive try settling again fight nicely |
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public relations people are paid to
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tell their clients what is the right thing to do
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what is the job of a inhouse public relations practitioner
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support management in achieveing its objectives.
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what is the job of a professional in a public relations agaency
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contibute to the revenue generation of the company.
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managers insist on------ so the best public relations program can be measured in terms of
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results ------------ahcieveing results in buildibng key relationships on which a organization depends
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boundry role
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public relation managers, they function at the edge of an organization a a liasion between the organzation and its external and internal publics. . public relation practitionars have one foot inside the organization and one foot out
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public relation managers are also system managers
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knowledgable about and able to deal with the complex relationships inherent in the organization
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what are the 4 questions public managers should ask?
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1.what are we attempting to achieve, and hwere are we going in that pursuit
2. what is the nature of the enviornment in which we must operate 3.who are the key audiences we must convince in the process 4. how will we get to where we want to be |
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cooperate conscience
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pr professionals should enjoy autonomy to deal openly and honestly with management. if a idea doesnt make sense, or a product is flawed, its the duty of the pr professional to to challenge the consensus
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what is the flow of conceptualizing the public relations plan?
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environement-> business objectives-> public relations objectives and strategies-> public relations programs
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the public relations management process includes 4 steps
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1. defining the problem or oppertunity-
2. programming 3.action 4.evaluation |
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defining the probelm or oppertunity
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this requires researching current attitudes and opinions about issue, product, candidate, or company in question and detemining the essence of the problem
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programming
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this is the formal planning stage, which addresses key constituent publics, strategies, tactics, and goals
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action
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this is the communications phase, when the program is implemented
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evaluation
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the final step in the process is the assessment of what worked, what didnt, and how to improve in the future
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executive summary
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an overview of the plan
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communication process
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how it works, for understandign and training purposes
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background
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mission statement, vision, values, events that led to the need for the plan
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situation analysis
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major issues and related facts the plan with deal with
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audiences
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strategic constituencies related to the issues, listed in order of importence, with whom you wish to develop and maintain relationships
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key audience messages
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one or two sentence messages that you want to be understood by each key audience
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implementation
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issues, audiences, messages, media, timing , cost, expected outcomes, and method of evaluation
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budget
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the plans overall budget presented in the organizations accepted style
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monitoring and evaluation
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how the plans result will be measured and evaluated against a previously set benchmark or desired outcome
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4 steps to a public relations camapaign
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1. backrounding the problem
2. preparing the proposal 3. implementing the plan 4.evaluating the campaign |
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backrounding the problem
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speicies the major aims of the camapaingn
"whats' to be accomplished |
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preparing the proposal
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outlines the strategies- hows- and the public relation tools to be used to fufill the objectives
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situational analysis
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description of the challenge as it currently exsists
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scope of assignment
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description of the nature of the assignment: what the pr program will attempt to do
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target audience
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specific targets identified and divided into manageable groups
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research methos
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specific research approach to be used
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key messages
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speicif selected appeals: what do we want to tell our audience?how do we want them to feel about us?what do we want them to do?
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communication vehicles
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tactical communication devices to be used
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project team
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key players who will particiapte in the program
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timing and fees
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a timetable with proposed costs identified
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when a outside supplier submits a proposal what should be factored in
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cancellation clauses, confidentiality of work, and references
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implementing the plan
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3rd stage. may contain time chart speicifying when each action will take place. speicif activities defines, people assigned to them, and deadline are established. guts of camapign plan
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evaluating the campaign
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to find out whether the plan worked. \did we implement the activites we proposed
did we recieve appropriate public recognition for out efforts did attitudes change |
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a organizations goals must define what its
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public relations goals will be,and the only good goals are the ones that can be measured
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MBO can provide public relation managers with
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a powerful source of feedbacxk
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what 2 questions do public relation managers strive to asnwer
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how can we measure public relation results
how do we know whether the public relations program is making progress |
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4 points of MBO
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1. specification of the organizations goals, with objective measures of the organization performancee
2.conferences between the superiror and the subordiante to agree on achievable goals 3.agreement between the superior and the subordiante on objectives consistenet with the organizations goals 4.periodic reviews by the superior and the subordiante to assess progress toward achieveing the goals |
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look at pg 88/
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d
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fuctional budgeting
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dollars for staff resources, activites, and so on are linked to specific revenue-generating activities
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adminsitrative budgeting
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PR is a "staff" actvitiy.not responsible for generating activites. the budget dollars are assigned generally against the departments allocation for staff and expenses
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the key to budgeting two steps
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1.estimating the extent of the resources, both personal and purchases, needed to accomplish each acitivity
2estimating the cost and availability of those resources |
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pay-per-performence
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PR aganecys are paid on how much attention a event gets. no attentuion no money
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media relations
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coordinating relationships with the online, print, and electronic media, which includes arranging and monitoring press interviews, writing news releases, and related press material, organizing press concferences,and answering media inquiries and requests
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social netowrk marketing
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the digital revolution has introduced a whole new componenet to public relation skill set market through socail media
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internal communications
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informing employees and prinicpals through a varietys of means, including intranet, newsletters, televisions, and meetings. this role has emphasized new-orietnnted communications rather than benefits-oriented ines, which are usually the province of personal departments
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govenrment relations and public affiars
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coordinating acitivites with legislator on local, state, and federal levels. including research activites and public policy information
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community relations
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orchestrating interaction with the community, perhaps including open houses, tours, and employee volunteer efforts designed ti refelect the supportive nature of the organization to the community
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investor relations
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managaing relations with the investment community, including the firms present and potential stockholders
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consumer relations
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supporting activites with customers and potential customers with activites ranging from hard-sell product promotion activites to soft consumer advisory services
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public relations research
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conducting opinion research, which involves assisiting in the public policy formation process through the coordination and interpretation of attitudianl studies of key publics
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public relations writing
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coordinsting the insitutions printed voice with its public through reprints of speeches, annual reports, quartely statements and product and company brouchures
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special public relations
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coordinating relationships with outside specialty gorups such as supplies, educators, students, nonprofit organizations, and compeititors
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institutional advertising
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managing the insitutional-or nonproduct sdvertising image as well as being called on increasingly to assist in the management of more traditional product advertising
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graphics
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coordinating the graphic and photographic services of the organization
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web-site management
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coordinating the organizations online face
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philanthropy
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managing the gift giving apparatus, which ordinarily cosists of screening and evaluating philanthropic proposals and alloacating the organizations available resources
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special events
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coordinating special events, including travel for company management, cooperate celebrations and exhibits, dinners, groundbreakings, and grand openings
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management counselling
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advising managers on alternative options and recommended choices in light of public responsabilities
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gantt chart
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focuses on sequence of tasks necessary for completion of the project at hand. represented in horizontal bars. the wider the bar the more time the task will take
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PERT
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developed by navy. shows relationships between each activity .this tasks create a path way. the critical path is a series of tasks that must be completed before a certain time period for the project to be completeed on schedule
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where are the 2 places public relation professionals work?
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1.as a staff professional in a public relations department of a corporation, university, hospital, etc whose task is to suppoer the primary buissness of the organzation
2. as a line professional in a public relation agency who primary task is to help the organization earn revenue |
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the biggest difference vetween an external and an internal departmnet is
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perspective. the former is outside looking in; the latter is inside looking out
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what are the 2 parts of reputation
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1. the more rational products and performance
2.emotional behavioral factors, such as customer service, CEO performance, personal experience with the compnay gained by what one does not but what one says |
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reputation management
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is the ability to link reputation to business goals to increase support and advocacy and increase organizational success through profit, contributions, attendance, and so on .
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Gitlow V New York
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became a question if federal law has jurisdiction over state law and local law. helps federal gov make sure due process was followed
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near v minnestota
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changed the clear amd and present danger test :near had a tabloid that was agaisnt everyone besides white males. minnestoa had a law agaisnt obsenity. minnestoa trys to arrest near and near follows gitlow and says that goes against his 1st amendment.
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court only hold up censorship under 3 circumstances
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1. obsencene
2. cause violence 3. endanger us during war |
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obsenity
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whether to the avg person (a jury of your peers) applying the contemporary standards of the community, the dominant theme of the material taken as a whole. appeals to the (prudient/ creates a unnatural craving for) interest in sex
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Redudrick vs newyork
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among the 9 of we cant deterine what is obsene as long as its not thrown upon unconsenting adults, minors, are protected and its not pandered (using sensational techniques)
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john twain
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printing book, english king overthrown
twain wouldnt rat out people, he was only a printer |
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Rule 10b-5 of Securities and Exchange Act
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No dissemination of false or misleading information to investors
Prohibits insider trading of securities based on material not disclosed to the public |
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tort
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any civil wrong other than a breach of contract
not contract or criminal its civil violation |
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criminal law
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fine/jail time. crimes against soicety
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contract law
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I will do this for you, if you pay me x
people/organizations make contracts |
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libel is usually------ slander is usually-----
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written.... spoken
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in most states if the spoken remark, comes from a prepared text (from a news prompter) it is
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libel not slander because it originally was a written text
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things on the interent are considered
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interpersonal relation, so nobody considers it libel
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how can you get money from slander
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ONLY
if remark you made caused company to lose x amount of money only if it wasnt true OR if it is true doesnt need to be said(illegitmate child story) if you impune the chasity of a female |
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in order to prove libel, you have to prove 5 things
NOT FINISHED |
1.publication
2.identification 3.real defamation 4.unprivlieged occasion 5.actual malice |
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libel: publication
and ex |
the remark has to be published, prove it, disseminated for broad consumption
*shedard v landord- loanford wrote letter to mrs.shepard, about how she was a whore. shepard however showed it to the neighbor and THEN tried to bring it to court. however, since she showed it to the neighbor she "published" it herself |
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libel: identification
and ex |
-the person who said it
-the person about which it was said very specific arrest record must be very specific in newspapaer, so they and only they are identified. also, can be applied to a group as long as group is small enough so everyone can be readily identified neiman marcus v leight- legiht published in a tabloid that the male designers were gay, the floor models were prostitues and and all personal shoppers were call girls. only men and floor models made money because they were small, readily identifiable groups 2.) university football team smoking crack, not small enough for people to be readily identifiable |
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libel: real defamation
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only have to do 1 of 3 things.
personal reputation professional reputation social contact- something the newspapaer says makes other people shun you |
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libel: unprivileged occasion
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absolute privilege: privilege of the participant
qualified privilege: privilege of the reporter |
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libel: actual malice
and ex |
knowledge of falsity
reckless disregard of the truth sullivan sures NYtimes for report about alabama univerity |
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you have to prove all 5 elements of libel if
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your a public officals and former public offical to private citizens who were involved in public matter
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if you want the big dollars you must
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prove all 5 elements of libel
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actual libel damages
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remark caused by you to lose money
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compensatory libel damages
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damages you are awarded for the undue social/mental and anguish
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punitive libel damages
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big dollar, millions
Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. norton vs tire kingdom |
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if you are a private citizen not involved in public issues and only sueing for
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actual/compensatory damages you only need to prove the 1st 4 elements of libel not actual malice
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gertz v welch
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if a regular citizens wanted to sue for punitive damages, they would have to prove the 4 elements of libel plus actual malice
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defense against libel
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the truth
and fair comment and criticism two illegintant incideces where truth was not a defense |
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fair comments and critisim ex
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cherry sisters suck
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patenets dont cause
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Pr probelms
coopyright and trademark does |
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copyright lasts for
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Lasts for life of the author plus 70 years under the new act of 1976
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if something is copyright protected you cant
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charge others to use it
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fixed form
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writtendown or recorded NOT just in your head.
copyright cant start until its in fixed form |
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poormans copyright
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write down or record, take to postoficcie and send it to your self to time stamp it and prove you own it
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trademark
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nike swoosh. only use it if you pay nike
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what CANT you copyright
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title, short slogans, words that came from the public domain(ex consituttion), speech/perfomance that not in fixed form, ideas
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copyright is more----- tradmark is more----
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words
symbols |
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1st amendment considerations
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broadcasting is protected by 1st amednement but theortically anyone can start a newspapaer, however broadcast states there may only be a limited # because of the specturm space is limited
public airways is owned by we the people |
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a newspaper can endores a candidate and never have to
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mention the other candidate
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if a broadcaster endorses a candidate they must
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give the opponenet free time
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tornillo v miami herald
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tornillo filed a lawsuit and wone. however, law was unconsitutional because it violated 1st amendmen
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if newspapaer has public trust they ought to
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give both candidates time
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PICON
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public interest convicerne or neccessity must be fifilled by broadcasting station
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Section 315 of the Communications Act of 1996
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Equal opportunity clause: appearance of a legally qualified candidate
*Meets qualifications for the office *Eligible to be voted for you cant censor the candidate (BROADCASTER is not responsible for what candidate says) Lowest unit charge for amount and class of time |
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appearance exclusions
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Bona fide newscast
Bona fide news interview Bona fide news documentary IF appearance is incidental to the subject of the documentary On-the-spot coverage of a bona fide news event, including but not limited to political conventions |
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equal oppertunity clause
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if you let candidate a buy 100 spots you have to let candidate b purchase 100 spots if they can afford it .
you dont have to let every office on broadcast |
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---- days before the primary you cant -----
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45, raise rates
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----days before the election you cant-----
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60, raise rates
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how do you determine the price of a advertisment
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1. are you buying 1 spot or more
2. do you want to speciy what time the ad comes one |
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you can charge whatever you want for a ad IF
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your not the candidate and arent using the x amount of spots
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bona fide newscast
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if candidate a has a newsconference you dont have to cover candidate b as much, but it may not serve the publics best interest and then you license wont be renewed
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bona fide news interview
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does not consitute a usage
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bonafide news event
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does not consitute a usage. govornor talking about car crash
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bonafide news documentary
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if the apperance is merly incidental . hurrican documentary
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talkradio is mostly concervative because
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fair radio went away .
democrats did away with fair doctrine so no liberal voice on radio if we brought back fair doctrine , if rush limbough gets 3 hrs liberals would need 3 hrs |
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stratigic plans are
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key
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baseline
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point at which all future efforts are measured"what is today"
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benchmark
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best practices in other organizations
ex:went over the country to find good employee communication programs and teach others how to build their own employee communication program |
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goals is to----
strategy is to---- |
objectives
tactics |
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goal
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outcome that can be measured but we dont know how to measure it
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objectives
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is a outcome that can be measured and we know exactly how to measure
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strategy
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broad apporach to obtaining a goal
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tactics
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exact approach how to apporach a goal
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ex of goal vs objective
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we can measure awarness by asking "haver you heard of---" but you cant measure it because its so broad. so its a goal. a objective is by dec 31st we want 45% awarness
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what are the fundamentals of planning
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goal, objective, strategy, tactics
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requirements of a good objective
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Clearly describes expected results
Understandable to everyone Lists firm completion date Realistic, attainable and measurable Consistent with management’s objectives |
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if you didnt meet your objectives... you didnt
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fail you just didnt meet your objectives
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you must tie your results to your
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organizations bottom line
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most things can be obtained IF you have the
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budget but you usually dont have the budget.
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adv to internal praticioners
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knowledge of organization
availabilty part of team less costly |
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disadv to internal practioners
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not an expert
too close to the problem overhead/benefits yes person |
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adv to external practioner
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location
objectivity bredth of skills experiences variety of skills |
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disadv to external practioner
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staff paranois
cost resistence to advice lack of knowledge about the business |
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if your company need a lot of PR you should get
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internal relations department
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for every dollar you need---- of overhead
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.30 cents
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if you do not need much PR help, hire a
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external; PR because then is no overhead
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blended rate
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look at what/who you think your going to use and hourly rate and come up with a hourly rate regardless of whose doing the work
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hourly
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paid per hour but every person gets paid different rate based on position
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retainer rate
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that what you would like to have. set aside a certain amount of time a month, you set aside that time, whether they use it or not. helps you determine how many people will do the work
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project
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pay per project. estimate hours in advance
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DONT FORGET ABOUT
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overhead
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mission
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this is who we are/this is what we do
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vision
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where were going
"want to be lead distributor of fl" |
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values
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what we believe in :guts and core"
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position
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makes us different from everybody else "often embedded in marketing/advertising"
for: for quality if job 1 |
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definitve mission statement
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anyone who reads it knows what this companys doing it and because (value statement)
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organizational and cultural statements
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(publix) publix employees own this store
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psotive public relationships
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figure out whats good about the company your represting (expressed values)
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reputations
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what a companys knowns for (understood values)
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a strategic plan is a
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process
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successful organization are the ones that 1st focus on the
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internal
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whats your most important public
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employees
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if company doesnt work, its usually means it has a bad
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culture
unhappy people dont work well |
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who invented the strategi plan 4pgs
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peter holister
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page 1
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podiyioning statement- what makes you company different from others who do what you do(how is coke differnet from other soft dirnks)
key themes and messages- only focus on a handful, about 6 |
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page 2
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pubic relations goals
key audiences, handle about 6 |
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page 3
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audience 1
objectives, try and have measurable objectives research, what do you know about audience evaluation, how you are going evaluate |
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page 4
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audience 1 inventory form
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if you have 6 publics how many pages do you have
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14
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