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Legal Requirements

  1. To be effective and persuasive, public relation writing must be conducted within a legal and ethical framework.

  1. Any false statement about a person that is printed or broadcast and tends to bring on this person public hatred, contempt, or ridicule or to inflict injury on his or her business or occupation may be libel. If the statement is broadcast, it may constitute either libel or slander. If it is made to a third person but neither printed nor broadcast, it may be slander.

  1. In recent years, there has been a great increase in sensitivity to invasion of privacy. In general, laws and lawsuits strive to prevent anyone from knowing anything about an individual that individual does not want to be known. This situation reinforces the point that everyone whose picture, quote, or name is being used in an advertisement or a sales brochure must give explicit written consent.

  1. Releasing false or misleading information can get you in trouble with government regulatory agencies. False information can be either misrepresenting facts or misleading someone into believing something that is not quite true.

  1. The purpose of a copyright is to secure for the creator of original material all the benefits earned by creating it. Copyrights apply not only to written words but also to illustrations, plays, musical works, motion pictures, sound recording, graphics, sculp­tures, pantomimes, and dances.

  1. An organization's name, products, slogans, and manufacturing processes are usu­ally trademarked. That means that these things are officially registered and their use is restricted to the owner or manufacturer. A trademark is legally protected and should be capitalized whenever it is used.

  1. A contract is a legal agreement that contains three elements: offer and acceptance, time, and consideration — in the simplest terms, this means that it states what will be done, when it will be done, and how much will be paid. If any of these elements is missing, no contract exists. Contracts can be verbal, but it is much safer to put them in writing. You may need to make contracts with clients, freelancers, and various facilities.

  1. Laws and regulations can be complex. You are not a trained attorney, so it should be obvious that you should consult lawyers who are qualified to answer specialized questions regarding libel, copyright, trademarks, government regulation, and invasion of privacy. At the same time, remember that lawyers can tell you what to do or not to do; they should not tell you what to say or how to say it. They are experts on the law but not on effective communication.

  1. Equally important are the ethical and professional values that you bring to your work. Ethical considerations, like the law, are often ambiguous and subject to interpreta­tion. Most situations are neither black nor white but rather various shades of gray. Although the public relations writer is an advocate and must convey information in a persuasive way, this does not excuse the presentation of false or misleading informa­tion. In sum, you have to ask not only whether something is legal but also whether it is the right thing to do.