Ethics & Legal Considerations in Communication Flashcards

A healthcare communicator includes a patient testimonial in a campaign without verifying the claims. The greatest risk is:

Answer: Violating FTC rules requiring substantiation for testimonial claims

The FTC requires that testimonials reflect honest opinions and that any atypical results be clearly disclosed, meaning claims must be substantiated.

The Lanham Act is primarily relevant to communication professionals because it:

Answer: Prohibits false advertising and protects trademarks in commercial communications

The Lanham Act provides federal protections against false advertising and trademark infringement, directly affecting commercial communications.

When an employee uses company resources to send personal communications to outside parties, this typically raises concerns about:

Answer: Privacy, confidentiality, and appropriate use of company property

Employees generally have limited privacy expectations when using company resources, raising ethical and legal issues around confidentiality and resource use.

A communicator is asked to write copy that makes an exaggerated claim about a product's performance. This is ethically problematic because it could constitute:

Answer: Puffery that crosses into deceptive trade practice if objectively verifiable claims are implied

While pure puffery is legally protected, claims that imply measurable facts can cross into deceptive advertising under FTC standards.

In terms of communication ethics, 'dual loyalty' refers to the tension between a professional's obligation to:

Answer: Their employer or client and the public interest

Communication professionals often face dual loyalty conflicts between serving their organization's interests and their broader responsibility to public welfare.

Which of the following statements about the Freedom of Information Act (FOIA) is accurate?

Answer: FOIA gives the public the right to request access to federal agency records

FOIA applies to federal government agency records, allowing public access while providing specific exemptions for sensitive national security and privacy matters.

A communicator working on a crisis response must balance transparency with legal risk. The best practice in this situation is to:

Answer: Coordinate messaging with legal counsel to be truthful without prejudicing the legal case

Best practice is transparent, legally-vetted communication that acknowledges facts while protecting the organization's legal position.