If you are going to start or sustain a public relations effort, there are some fundamentals to keep in mind, especially if it concerns the privacy or reputation of someone else.

If you are writing anything for public release, you must concern yourself with libel. Libel is published or widely disseminated defamation. Defamation is a statement which is false that holds a person up to public contempt, ridicule, scorn or hatred and holds his business or professional standing through fault. Slander is spoken defamation that is not widely disseminated.

This is not intended as a substitute for legal advice. By all means, call an attorney or your legal team if something is unclear or touches on anything that could land you in court. Also, obtain legal help if you believe that your rights under these laws have been violated in the media.

It should be noted that there is no federal libel law. Each state has a slightly different law. Libel has five elements.
1. False. The statement is simply not true. The fact that a person has been quoted accurately is not a defense to libel if the quoted statement contains false information about someone. If it is opinion, it must be labeled as such and on the editorial page. However, if a comment cannot be proven as true or false, it is not protected as commentary.
2. Fault. In a civil suit alleging libel, the plaintiff must prove that the defendant was negligent or reckless-was at fault. Private citizens only have to prove that the person spreading the defamation was at fault. Public figures have a higher hurdle. People who voluntarily place themselves in the public eye must prove that the defendant acted with actual malice and disregard for the truth.
3. Published or broadcasted. It must be published or communicated to someone other than the person defamed.
4. Identification. Who was defamed must be identified, and names do not have to be used. For example, be cautious about speaking negatively and on the record about a political party, business, or other entity.
5. Injury. Did the lie actually injure someone?

As stated before, the rules are slightly different for public figures. If someone is well-known celebrity with a name that is a household word, that is a public figure. If someone is a vortex, or limited public figure, that means that someone has injected himself into a public debate in order to affect the outcome. With public figures, they must prove actual malice; that information was published with deliberate knowledge that the information was false; printed with reckless disregard for the truth.

Avoid libel with these nine steps.
1. Use official sources for criminal reports.
2. Never accuse someone of a crime. Using the word “alleged” is not a defense.
3. Get a legal opinion before publishing.
4. Don’t attribute disease without evidence. For example, don’t say that someone is HIV positive. Unless you are the person’s doctor with permission to release it, don’t do it.
5. Don’t associate someone with a group with a bad reputation. For example, a California court held in 1968 that it would be defamatory to say that someone is a member of the Ku Klux Klan.
6. Don’t imply poor moral character.
7. Don’t imply dishonesty or incompetence. State the facts and let the readers decide.
8. Avoid “red flag” racist, sexist, homophobic, etc. words.
9. Retractions when necessary.

Also, pay attention to the Privacy Act of 1974. This is a federal law that governs the collection, maintenance, and dissemination of personally identifying information that is maintained in records by U.S. government agencies. In other words, one agency with identifying information about you cannot disclose it to anyone else, even another government agency without written consent from you. Exceptions are written into the law. Examples are uses associated with the census, law enforcement purposes or congressional investigations.

This law protects you from reporters (or anyone else) accessing and publishing information about you such as income tax returns, military records, or other information about you that is stored at federal agencies without your consent.

In short, apply a simple test. The test is who has a right to expect privacy?

States have privacy laws (however, there is no actual “right to privacy” in the Bill of Rights). You have a right to expect privacy in your home, for example. If someone takes pictures through your window and publishes them, they have invaded your privacy.

1. Private matters cannot be routinely published, even if what was printed is true. A person’s privacy has been invaded if private facts about someone have been disclosed that are offensive and not newsworthy. However, public officials and public figures have little recognized privacy.
2. False light-placing a person in false light in the public eye (such as deceptive use of photos). When in doubt, get permission.
3. Appropriation-using someone’s name or likeness for “advertising purposes” or “purposes of trade” without approval. Consent, however, is an absolute defense.
4. Intrusion-using hidden cameras or microphones where someone has a reasonable right to expect privacy.

If you publish or publicize something, you may or may not need permission to use someone else’s work. Copyright is the right of a writer, artist, composer, etc. to own, control and profit from the production of his work. However, not everything that is out there in the public is subject to copyright.

Nobody can copyright facts. Ideas cannot be subject to copyright, and neither can plans or titles. However, the way that these things are expressed may be subject to copyright. The United States Copyright Office is the definitive source for what is and what is not subject to copyright, whether published or not.

By the way, if something was published by a government agency it is in the public domain, and available for use. For example, if a government employee took a photograph that is used for an official purpose, you are free to use it.

In summary, be aware of libel, defamation, slander, privacy, and copyright. There is plenty more law and specifics regarding media, but these are major areas of concern.

Be very careful if any part of your public relations strategy involves publication of negative information about a competitor or opponent. If you publish anything negative, expect close scrutiny of your claims. If you can’t defend it in court, don’t do it, say it or publish it. If you can’t defend it to the public, don’t do it, say it or publish it.

As stated before, if something is not clear then consult with legal counsel. If you are using a public relations firm or in-house public relations capability, then have them coordinate publicity efforts with your legal team. This is something that should be done anyway, especially if your industry is highly regulated.

If you are a practitioner of public relations, you must account for any unique legal position your client or employer has when planning publicity. If you are a leader or business owner using public relations, you must balance your legal position with your desired publicity.

There may be no conflict at all. If there is not, then you are doing something right.

References:

Associated Press Stylebook and Briefing on Media Law

Walsh, Public Relations and the Law

Bunnin and Beren, The Writer’s Legal Companion

Sanford, Synopsis of the Law of Libel and the Right of Privacy

Middleton and Chamberlin, The Law of Public Communication