A starting point for legal and ethical issues
| Legal: |
| First Amendment |
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not all mediums are the same
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laws differ among states
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| Some key issues: |
| 1. Defamation |
| right to protect one's reputation |
| Truth is a defense |
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is it ethical?
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| 2. Privacy |
| appropriation |
| a right of publicity |
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news?
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ads?
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art?
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| 3. Copyright |
| U.S. Copyright Office |
| protections for expressions fixed in a tangible form |
| ownership? employee or freelancer |
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| 4. Trademarks |
| U.S. Patent and Trademark Office |
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| 5. Freedom of Information Act |
| ability to gain access to certain government information |
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| 6. Advertising regulation |
| false/deceptive advertising |
| likelihood to mislead a reasonable consumer with a material statement or omission |
| Federal Trade Commission |
| government may regulate legal products or services (compelling interest) |
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| food products and drugs have specific regulations |
| Food and Drug Administration |
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| 7. Broadcast content regulations |
| obscenity and indecency |
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| Ethics |
| Ethics goes beyond what is legal |
| What is legal may not be ethical |
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| Where do ethics come from? |
| 1. Religious foundations |
| Love your neighbor as yourself |
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| People are created in the image of God |
| People are of infinite value in God's eyes |
| People should be treated with dignity and respect |
| People are not to be used as a means to an end |
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| Agape love - putting others above ourselves (Phil. 2:3-4) |
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| 2. Industry Codes |
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| 3. Station/Agency/Firm/Company policies |
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| 4. Personal ethics |
Legal/Ethical cases
1. You are employed at an advertising agency that has the Acme Foot Fungus Powder
account. This is your largest client and if you lose this client, your agency
will likely go bankrupt. Acme Foot Fungus Powder has used the following slogan
for years:
Moses supposes his toeses growses fungus,
And Moses supposes no powder kills fungus expediously.
But Moses, his toeses they growses fungus,
And Moses supposes erroneously.
Acme wants to update their image to reach a larger, younger market (it seems
only senior citizens and professors who enjoy classic films get the "Singin'
in the Rain" play on words in the slogan).
They want to capitalize on the latest musical trends. They want to use Justin
Timberlake and have him sing his song "Rock Your Body" and when he
reaches the line "I'm gonna have you naked by the end of this song,"
he'll rip off a female dancer's top. The twist is that instead of seeing frontal
nudity, they want the camera to cut to the dancer's naked feet to show toes
without foot fungus. In any event, they want the ad to really play up the idea
that Acme Foot Fungus Powder kills foot fungus, and feet free of foot fungus
will lead to a fantastic sex life.
When you suggested moving the campaign in a less risqué direction, Acme
adamantly refused and said "do this or else?" What will you do? Why?
2. You are at a PR firm that is representing the new drug "Utopia."
This new drug promises to make you stronger, younger, smarter, taller and thinner.
Your client (and your boss) want you to create a press release touting the benefits
of this new "miracle" drug. When you ask for proof of the drugs effectiveness,
they tell you that there isn't any proof yet, but, lab tests appear promising.
What will you do? Why?
3. As a reporter, you are all set to go on air with a breaking news story. It
seems Gov. Pawlenty is being accused of smuggling drugs from Canada into Minnesota,
thus violating federal law. You are going to be interviewing a leading Democratic
State Senator. Before you go on air, he says to you that Pawlenty is corrupt,
a fink, a fraud, a hypocrite, incompetent, a liar, a moral degenerate, a pervert,
a pocketer of public funds, a scoundrel, unethical and a villain. Do you put
this Senator on the air live knowing that he might repeat these claims on air?
Why/why not?
4. You are a reporter for the local newspaper. You pick up on a breaking story.
Sen, Ted Kennedy has just been arrested for rape. National codes of ethics for
newspapers state that the name of a rape victim should be withheld. Your paper
also follows this policy. As you are ready to send the paper to the presses,
your editor barges into your office and says "change the story! Kennedy
is accused of raping Hilary Clinton!" Will you change the story to include
the name of the supposed rape victim? Why/why not?