PR and the Law (part 4)
by:
Charles Lamson
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Right of Privacy
The right of privacy applies only to people, not to organizations. Violations of the law take four forms (1) intrusion into solitude, (2) portraying someone in a false light ; (3) public disclosure of private information and (4) appropriation - using a person's name or likeness for commercial purposes without the person's consent). Unlike the other three appropriation does not have to breach decency or cause mental anguish or ridicule. It is the privacy violation that causes most PR problems. Model and photo releases are usually obtained in order to avoid these problems ("This is PR: The Realities of Public Relations, 9th ed."; by Doug Newsom, Judy VanSlyke Turk and Dean Kruckeberg; pg. 203).
Photos taken at an event for publicity purposes may later be used innocently or ignorantly in a brochure about the event. The photo might even be used in an ad perhaps because it just happens to be available. Using such photos in an ad can lead to legal problems. Furthermore, in a publicity situation, people may not be aware that their picture is being taken and for any number of reasons may not wish to have their photograph used (Newsom, Turk, Kruckeberg; pg. 203).
Most attorneys for public relations people advise that releases should always be obtained. In most states, consent is the best defense; typically newsworthiness is a more difficult rationale to defend. For example, employee pictures and names can be used internally but if distribution is external newsworthiness is lost as a legal defense. Even photos for internal use must be germane to the job - for example, giving information about promotions - or an employee who has not given consent may sue for violation of privacy. Furthermore, use of an employee's name or image must end when the person leaves the organization's employment (Newsom, Turk, Kruckeberg; pg. 203).
Employees must be treated both as employees and as private individuals who should not be forced to pose for annual report pictures if they do not want to. The company does not have the right to use their photo without permission. Furthermore, if they leave the organization and have not signed a permission form for the use of their picture, using it anyway can create a serious legal problem (Newsom, Turk, Kruckeberg; pg. 203).
What is of increasing concern, though, are efforts by law enforcement to get records of what people read. Many states have laws that protect librarians, although not booksellers, who can be subpoenaed.
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