Ethics and Law
The Ethics and Law domain tests whether you can apply the PRSA Code of Ethics under pressure and recognize when a communication decision crosses a legal line. Scenario items target disclosure, confidentiality, conflicts of interest, defamation, privacy, copyright, and regulated industries.
Core rules
- PRSA Code values: advocacy, honesty, expertise, independence, loyalty, fairness.
- Code provisions: free flow of information, competition, disclosure, safeguarding confidences, conflicts of interest, enhancing the profession.
- Disclosure: payment, free product, employment, and other material connections must be disclosed in endorsements and influencer work under the FTC Endorsement Guides.
- Defamation: a false statement of fact, published, with fault and harm; public figures must prove actual malice under New York Times v. Sullivan.
- Privacy and publicity: intrusion, public disclosure of private facts, misappropriation; obtain consent for likeness use.
- Copyright: fair use is a four-factor defense, not blanket permission.
- Sector rules: SEC Regulation FD, CAN-SPAM, NLRA Section 7, lobbying disclosure.
Worked example
A client asks you to pay a lifestyle blogger $2,000 for a positive post and omit any mention of payment. The client says 'everyone does it.' You advise that payment is a material connection and must be clearly disclosed; you draft disclosure language, require it in the contract, and brief the blogger. If the client insists on concealment, you decline the work and document your advice. Reasoning: the FTC Act prohibits deceptive endorsement practices, and the PRSA provisions on honesty and disclosure independently require transparency. Concealment creates legal and reputational risk.
Traps
- Equating ethics with legality; many unethical acts are legal.
- Treating confidentiality as absolute when a court order or legal duty requires disclosure.
- Using 'everyone does it' as justification.
- Forgetting disclosure in influencer, affiliate, and employee-advocacy programs.