Corporate Communication and Public Relations Module 1

You are a communicator
who has the ability to ignite
conversations
that can drive appeal and fame in the
brand “YOU”
- JSS
11/15/2018 Jinal Shah - SIESCE - BMS 1

Foundation of Corporate Communication
Module 1

S.N. Modules No. of Lectures
– 50 mins each
No. of
hours
1 Foundation of Corporate Communication 15 12.5
Objectives
To provide the students with basic understanding of the concepts of corporate
communication and public relations

SN Modules/ Units
1 Foundation of Corporate Communication
• Corporate Communication: Scope and Relevance
o Introduction, Meaning, Scope, Corporate Communication in India, Need/ Relevance of
Corporate Communication in Contemporary Scenario
 Keys concept in Corporate Communication
o Corporate Identity: Meaning and Features, Corporate Image: Meaning, Factors Influencing
Corporate Image, Corporate Reputation: Meaning, Advantages of Good Corporate
Reputation
 Ethics and Law in Corporate Communication
o Importance of Ethics in Corporate Communication, Corporate Communication and
Professional Code of Ethics, Mass Media Laws: Defamation, Invasion of Privacy, Copyright
Act, Digital Piracy, RTI

Corporate communication - Definition
a management function
offers a framework for the effective
coordination of all internal and external
communication
overall purpose of establishing and
maintaining favourable reputations
with stakeholder groups upon which the
organization is dependent

• Corporate communication is described as a framework in which all
communication specialists, namely marketing, organizational, and
management integrate the totality of the organizational message,
thereby helping to define the corporate image as a means to
improving corporate performance.

• According to Fernandez, ‘Corporate communications is a long-term
strategic initiative taken by a corporate organization to communicate
the core brand and its core messages to a spectrum of audiences in a
globalized market environment. At its core corporate communications
is very simple, the way a corporate communicates.’

According to Dolphin, corporate communication has to fulfil three key
responsibilities:
1. Aid the management of change.
2. Help to define a corporations’ role in society.
3. Assist the creation of corporate vision and responsibility.
dynamic mixture of problem-solving skills and insights

To summarise..
• Corporate communication helps in managing perceptions and
ensuring effective and timely dissemination of information;
• Creating a positive corporate image and
• Ensuring smooth and long-term relationship with all stakeholders.

21st century corporate communications - Range of
specialized disciplines or Scope of CC
Corporate
advertising
EnviroScan
Services
Internal
communications
Issue and crisis
management
Media relations
Investor
relations
Change
communications
Public affairs
Business
Intelligence
Government
relations
Personality
Profiling
Online
Perception
Management

Scope of Corporate Communication
Online Perception Management

Click Here – Case on CSR

Click here11/15/2018 Jinal Shah - SIESCE - BMS 23

Case on Government Relations
Click here

Click Here - case

• In 2000, the US-based Council of PR Firms identified seven programs
developed by either media organizations or market research firms,
used by companies to assess or benchmark their corporate
reputations.
• Of these, only four are conducted regularly and have broad visibility:
• "America's Most Admired Companies" by Fortune Magazine
• The "Brand Asset Valuator" by Young & Rubicam
• "RepTrak" by Reputation Institute
• "Best Global Brands" by Interbrand

Click Here - case

Click here

Issues management and crisis communication

2003
Click here

Indigo case – Click here

#BoycottIndigo - Outrage on social media after video
of IndiGo staff assaulting passenger surfaces

Minister of State for Civil Aviation Jayant Sinha said he
had sought a report from the airline and called the incident
"deplorable and unfortunate".

•Comply with regulations
•Create a favorable relationship with
key financial audiences
•Contribute to building and
maintaining the company's image and
reputation

Corporate communication is not limited to preaching and
proselytising a company vision.
Smart communication is about contextualising it
– and the only way to do this is to stay well-
informed and create a point of view.

How (Not) to Communicate with Stakeholders

In 2000, Barclays, a UK-based bank and financial services group promoted a
campaign ‘A big world needs a big bank’.
Barclays had spent £15 million on its ‘Big’ campaign, which featured celebrities
such as Sir Anthony Hopkins and Tim Roth.
Click Here
Good pre-publicity to a communication disaster11/15/2018 Jinal Shah - SIESCE - BMS 56

Barclays’ image crisis worsened when it was revealed that the new Chief
Executive, Matthew Barrett, had been paid £1.3 million for just three months’
work.
The campaign coincided with the news that Barclays was closing about 170
branches in the UK, many in rural areas, including the village of Sir Anthony
Hopkins.

Matthew Barrett explained the branch closures
‘We are an economic enterprise, not a government
agency, and therefore have obligations to conduct our
business in a way that provides a decent return to the
owners of the business. We will continue to take value-
maximizing decisions without sentimentality or
excuses.’
Hopkins issued a clarification of being used as a scapegoat,
he is just an actor and he did not run Barclays Bank.

Zomato’s ‘MC, BC’ Ad Campaign:
Cheeky Copy or Plain Misogyny
• Outdoor ads were executed by Madison and
Outdoor Advertising Professionals (OAP), an
outdoor agency.
• Outdoor ads have been put up across multiple
cities like Delhi, Mumbai, Bengaluru and
Kolkata, among others.
• The billboards are a part of an above-the-line
(ATL) campaign that started in November 2017
for television, radio and digital platforms.

Positive
• Clever
• Funny
• Creative
• Relevant to the category
• Based on popular cultural
reference
• Snappy, memorable lines
Negative
• Sexist
• Cheap
• Crass
• Offensive
• Bad Taste
• Damaging

Here’s Why It Makes Perfect Sense
Zomato Advertises on Porn Sites

For a start, we’re killing the porn site campaign, because we
sense we crossed the fine line between marketing irreverence
and cultural insensitivity. If we did, and ended up offending or
disrespecting anyone in any way at all, we are sorry. That
obviously wasn’t the intention, and we’ll work on doing things
better in the future.
Deepinder Goyal, co-founder and CEO of Zomato.
After a public backlash, co-founder and CEO of Zomato,
Deepinder Goyal has announced the campaign’s withdrawal in a
blog post titled, This Post is Definitely Safe For Work.

Keys concept in Corporate Communication

Corporate Identity, Image and
Corporate Reputation

• Update information - Real-time
• Transparency
• Accountability
• Consistency
• Professionalism
• Control
• Culture11/15/2018 Jinal Shah - SIESCE - BMS 70

• The average household in America had to shell out around $2000 to
make sure that AIG’s counter-parties wouldn’t have to accept the risks
they took.
• Would the world really have ended if we let AIG declare Chapter 11
bankruptcy?
President Obama branded Wall Street bankers “shameful” for giving
themselves nearly $20 billion in bonuses as the economy was
deteriorating and the government was spending billions to bail out
some of the nation’s most prominent financial institutions.

In one of the most stringent orders passed by any regulator against a Big Four auditor,
SEBI had on Jan 2018 found PwC guilty in the Satyam scam and barred its network
entities from issuing audit certificates to any listed company in India for two years.

Sebi bans PwC for 2 years from
auditing listed firms: It is
unprecedented but a wake-up call
for auditors, others associated
with capital markets
A big price for its role in the Satyam fraud11/15/2018 Jinal Shah - SIESCE - BMS 75

‘Evangelizing’ customer
Social Listening Strategy
Social listening is the process of monitoring social media channels for
mentions of your brand, competitors, product, and anything else you
consider relevant to your business.

Indian Judiciary toughens stand on Bloggers
• Against irresponsible blogging
• Case
TOI report said that it would be no longer safe to start a blog and invite other
to make comments which may at times be raunchy, caustic and even abusive,
under the protection of a disclaimer stating that views expressed on the blog
are those of the writers. The warning came when the bench comprising
Supreme Court Chief Justice K.G. Balakrishnan and Justice P. Saathasivam
refused to protect a 19 year old youth, D. Ajith from Kerala, who started a
community site against Shiv Sena against summons from a Maharashtra
court on a criminal case against him. After getting anticipatory bail from the
Kerala Hugh Court, Ajith moved to Supreme Court on the plea that the blog
comments were restricted to communication within the community.

The Dark Side Of Reputation Management: How It
Affects Your Business – Click Here

• Enron used a variety of deceptive, bewildering, and
fraudulent accounting practices and tactics to cover
its fraud in reporting Enron's financial information.
• Special Purpose Entities were created to mask
significant liabilities from Enron's financial
statements.
• These entities made Enron seem more profitable
than it actually was, and created a dangerous spiral
in which, each quarter, corporate officers would
have to perform more and more financial deception
to create the illusion of billions of dollars in profit
while the company was actually losing money.
• This practice increased their stock price to new
levels, at which point the executives began to work
on insider information and trade millions of dollars'
worth of Enron stock.
• The executives and insiders at Enron knew about
the offshore accounts that were hiding losses for the
company; the investors, however, did not.11/15/2018 Jinal Shah - SIESCE - BMS 80

Andersen was convicted of obstruction of justice for shredding documents related to its audit of
Enron, resulting in the Enron scandal.

WorldCom was not just the biggest accounting scandal in the history of the United States, but also one of
the biggest bankruptcies.

Eliminating known hazardous chemicals from their products and manufacturing processes, disclosing pollution
information and publishing suppliers

Hiring activists may be a crude but effective way to derail potentially
meddlesome activists
Firebrand activists are getting high profile, cozy jobs in government committees and
global companies

Mattel’s Toxic Toys

Iphone Price reduction left many customers
unhappy

Challenges of New Media – The Dell Story
22 Confessions Of A Former Dell Sales Manager at
Consumerist.com – shared the strategy of discounts
Dell – pioneered the use of social networking media for connecting with
communities got into a reputation fiasco when its attorney sent a legal notice to a
blogger for sharing information that the company believed was proprietary in
nature.
Dell served a legal notice to asking the person to immediately withdraw the posting
as it contained confidential information that was proprietary to Dell
The company’s digital manager said, ‘We blew it…instead of trying to control
information that was made public, we should have simply corrected anything that
was inaccurate. We didn’t do that and now we are paying for it

Walmart – Being large means under Focus
• Non provision of healthcare facilities to its employees
• Employer discrimination
• Urban sprawl
• Outsourcing
• Wage suppression
• Anti union policies
• Bullying tactics towards suppliers

McDonald's beef flavored French fries had the Hindus outraged

Sensitivity in any crisis is a Must, Whoever
you are – The 9/11 Experience
• Starbucks Charges 9/11 Rescue Workers $130 for Water

Corporate Reputation Advantages – from VPO
• Internal customers – employees
• External customers
• Investors
• Vendors
• Government
• Public/Community

Activity
• Define your identity?
• In 8-10 adjectives or features

CI is the tangible manifestation of the personality of a company

• How an organisation sees itself
• Tangible/intangible manifestation of corporate
personality or set of intrinsic traits that give a
company its specificity, stability and coherence
• To differentiate a company’s position in the
eyes of important stakeholder groups

Birkigt, K. and Stadler, M. (1986) Corporate Identity: Grundlagen, Funktionen und Beispielen. Landsberg an Lech: Verlag
Moderne Industrie
The Birkigt and Stadler model of corporate identity
• Corporate personality – soul, persona, spirit
and the culture of the organization
• Symbolism – corporate logos and the
company house style (stationery)
• Communication – IMC
• Behavior – employees

Benefits of Corporate Identity
Strategically projecting a particular positive image of the organization
To build, maintain and protect strong reputations with stakeholders
Leads to stakeholders accepting and supporting the organization – sense of
pride and belonging
Gives organizations first-choice status with investors, customers, employees
and other stakeholders
Motivates people
Build company ethos, culture and heritage
Provides a direction to the employees
As former JWT chairman Jeremy Bullmore points out, "Consumers build an image as
birds build nests. From the scraps and straws they chance upon".11/15/2018 Jinal Shah - SIESCE - BMS 105

Types of Corporate Identity
• Monolithic identity – the entire company uses one visual style
encompassing all its brands and services
• Endorsed identity – parent company remains prominent but at the
same time, the subsidiary companies too have recognizable identities
and a distinct style
• Branded identity – subsidiaries have carved their own style and
parent company is not recognisable

Types of identity structure
Identity
structure Definition Example
Monolithic Single all-embracing identity (products all carry the same corporate name) Sony, BMW, Virgin, Philips
Endorsed Businesses and product brands are endorsed or badged with the parent company
name
General Motors, Kellogg, Nestlé, Cadbury
Branded Individual businesses or product brands each carry their own name (and are
seemingly unrelated to each other)
Procter & Gamble (Ariel, Ola) Electrolux
(Zanussi), Unilever (Dove)

Brand Relationship Structure
Not
Connected
Shadow
Endorser
Token
Endorsement
Linked Name
Strong
Endorsement
Co-Drivers
Master Brand
as Driver
Different
Identity
Same Identity
RCA (GE) Tide (P&G)
Grape Nuts
from Post
DKNY
Courtyard by
Marriott
Gillate
Mach3
Buick
LeSabre
GE Capital,
GE
Appliances
BMW
Saturn (GM)
Lexus
(Toyota)
Universal
Pictures
(Sony)
McMuffin
Obsession By
Calvin Klein
Sony
Trinitron
HP DeskJet
Club Med
Singles v.
Couples
Healthy
Choice
NutraSweet
(GD. Searle)
TouchStone(
Disney)
Docker's LS
& Co.
Nestea
Friends &
Family By
MCI
DuPont Stain
Master
Dell
Dimension
Levi-Europe
& Levi US
Virgin
House of Brands Endrosed Brands SubBrands Branded House
Brand Relationship Spectrum

Advantages of corporate image investing
• Stakeholders: recognize an organization
• Employees: A strong image helps raise
motivate and morale – creating a ‘we’ feeling
Distinctiveness
• Being favoured may have an impact on
performanceImpact
• Avoid conflicting images and messages
• Especially important as individuals have more
than one stakeholder role
Stakeholders

Activity
• Define the image of a family member and a friend (most liked)?
• Define the image of the most disliked person by you?
• Define the image of your favorite celebrity?
• Define the image of your college?

Mission
Concept Definition Example: British Airways
Mission Overriding purpose in line with
the values and expectations of
stakeholders
‘British Airways is aiming to set
new industry standards in
customer service and innovation,
deliver the best financial
performance and evolve from
being an airline to a world travel
business with the flexibility to
stretch its brand into new
business areas’

Vision
Vision Desired future state: the
aspiration of the
organization
‘To become the
undisputed leader in
world travel by ensuring
that BA is the customer’s
first choice through the
delivery of an unbeatable
travel experience’

Corporate objectives
Corporate objectives Statement of overall aims in line
with the overall purpose
‘To be a good neighbour,
concerned for the community
and the environment’, ‘to
provide overall superior service
and good value for money in
every market segment in which
we compete’, ‘to excel in
anticipating and quickly
responding to customer needs
and competitor activity’

Strategies
Strategies The ways or means in which
the corporate objectives are
to be achieved and put into
effect
‘Continuing emphasis on consistent quality of customer
service and the delivery to the marketplace of value for
money through customer-oriented initiatives (online
booking service, strategic alliances) and to arrange all
the elements of our service so that they collectively
generate a particular experience’... ‘building trust with
our shareholders, employees, customers, neighbours
and with our critics, through commitment to good
practice and societal reporting’

Corporate identity
Corporate
identity
The profile and values
communicated by an organization
‘The world’s favourite airline’
(This corporate identity with its
associated brand values of
service, quality, innovation,
cosmopolitanism and Britishness
is carried through in positioning,
design, livery, and
communications)
‘The world’s favourite airline’
(this corporate identity with its
associated brand values of
service, quality, innovation,
cosmopolitanism and Britishness
is carried through in positioning,
design, livery, and
communications)

Corporate image
Corporate
image
The immediate set of
associations of an individual in
response to one or more signals
or messages from or about a
particular organization at a
single point in time
‘Very recently I got a ticket booked to London, and
when reporting at the airport I was shown the door
by BA staff. I was flatly told that the said flight in
which I was to travel was already full so my ticket
was not valid and the airline would try to arrange
for a seat on some other flight. You can just imagine
how embarrassed I felt at that moment of time. To
make matters worse, the concerned official of BA
had not even a single word of apology to say’
(customer of BA).

Corporate reputation
Corporate
reputation
An individual’s collective
representation of past images of
an organization (induced
through either communication
or past experiences) established
over time
‘Through the Executive Club program, British
Airways has developed a reputation as an innovator
in developing direct relationships with its customers
and in tailoring its services to enhance these
relationships’ (long-standing supplier of BA).

Stakeholder
Stakeholder Any group or individual who
can affect or is affected by
the achievement of the
organization’s objectives
‘Employees, consumers, investors and
shareholders, community, aviation business
and suppliers, government, trade unions,
NGOs, and society at large’

Market
Market A defined group for whom a
product is or may be in demand
(and for whom an organization
creates and maintains products
and services)
‘The market for British Airways flights consists of
passengers who search for a superior service over
and beyond the basic transportation involved’

Communication
Communication The tactics and media
that are used to
communicate with
internal and external
groups
‘Newsletters, promotion packages, consultation
forums, advertising campaigns, corporate design
and code of conduct, free publicity’

Integration
Integration The act of coordinating
all communication so
that the corporate
identity is effectively and
consistently
communicated to
internal and external
groups
‘British Airways aims to communicate its brand values
of service, quality, innovation, cosmopolitanism and
Britishness through all its communications in a
consistent and effective manner’

Ethics and Law in Corporate Communication

Importance of Ethics in Corporate Communication
• Maximizes profit
• Creates loyalty
• Goodwill in the market
• Enhances productivity
• Promotes high standards
• Efficient utilization of resources

Principles of Corporate Communication
1. Honesty
2. Advocacy
3. Expertise
4. Independence
5. Loyalty
6. Fairness

DO’s OF PUBLIC RELATIONS
1. Do respect reporters and editors.
2. Do invite media people to events and on tours of interesting facilities.
3. Do answer telephone calls from media promptly.
4. Do provide facts and figures when asked.
5. Do have your facts and figures clear.
6. Do get to know your media contacts.
7. Plan, plan, PLAN.
8. Do respect deadlines.
9. Do keep an up-to-date media mailing list.
10. Do create a stylebook.

DON'TS OF PUBLIC RELATIONS
1. Don't ignore radio and weekly newspapers as important sources of media placement.
2. Don't talk off the record--it doesn't exist.
3. Don't talk to a reporter unprepared. If you do not have an answer, don't make one up.
Offer, instead, to gather the information and call the reporter back.
4. Don't become angry with members of the media. Angry letters or calls close doors.
5. Don't attack a newspaper for a negative story or for not using your story. Do
investigate other reporters who might be interested in your story.
6. Don't badger or harass busy reporters. If it is clear that a reporter is busy, cut the call
short. If it is clear that a reporter isn't interested in a story, end the conversation.
7. Don't say "no comment." This phrase indicates that you're hiding something.
8. Don't give up. Developing an effective public relations campaign is not easy or quick.
9. Don't forget to thank reporters.

Ethical Questions facing the Profession
• People without professional qualifications practicing PR/Corporate
communication
• Paying for editorial coverage
• Ambush Marketing

Slander-Man: The 6 Defamation Cases Against Arvind Kejriw

Chris Cairns vs Lalit Modi
New Zealand cricketer Chris Cairns sued the then IPL chairperson
Lalit Modi, in the UK's first Twitter libel case over a defamatory
tweet sent in January 2010, in which Modi referred to Cairns'
alleged involvement in match-fixing as the reason for barring him
from the IPL auction. "The allegation made by Lalit Modi that I have
been involved in match fixing is scandalous and wholly untrue. For
him to circulate such a falsehood around the world is outrageous,"
Cairns said in a statement. In 2012, a UK court awarded damages
of 90,000 pounds and costs of 1.5 million pounds. Modi had said he
would appeal.

Rahul Gandhi vs RSS
In 2014, on the occasion of Gandhi Jayanti, Rahul Gandhi took on the RSS,
saying, “The RSS people killed (Mahatma) Gandhi." The statement irked the
right-wing organisation and one Rajesh Kunte, secretary of its Bhiwandi unit,
sued Rahul for defamation.
The RSS tried a clever gambit of offering to withdraw the case if Rahul
Gandhi stated publicly that he does not blame it as an institution for the
death of the Mahatma. Of course, that would have been impossible for the
Congress leader to do and Gandhi vowed he would never take back his
words. "I stand by each and every word. I am ready to go to trial," he said.
So the proceedings continue to drag on. While Rahul does have the difficulty
of attending the proceedings in Bhiwandi ever so often, it also an opportunity
for the Congress: Each time he makes an appearance, the whole slur on the
RSS as complicit in the Gandhi assassination is dredged up

Kejriwal vs Jaitley
Earlier this year, Arvind Kejriwal alleged that finance minister Arun Jaitley
was involved in financial irregularities dating back to the time when the latter
was the president of the Delhi and District Cricket Association (DDCA). In
response, Jaitley filed a civil defamation case against Kejriwal and sought
Rs 10 crore as compensation.
Here is where things got a little interesting. During court proceedings,
Kejriwal’s lawyer Ram Jethmalani allegedly called Jaitley a ‘crook’ and
‘guilty of crimes and cookery'. When Jethmalani was questioned by the
court, he clarified that Kejriwal had directed him to say so. The veteran
lawyer has since been sacked by Kejriwal.
Jaitley was not impressed with defamation within a defamation case. He
filed another civil defamation suit against Kejriwal, demanding another Rs
10 crore as damages.
But it's another instance of how defamation suits work in this country. They
don't come to conclusion quickly and each hearing provides the accused an
opportunity to air the damaging content yet again.

Adanis vs EPW
On June 19, 2017, The Wire re-published an article from the
Economic and Political Weekly, written by the latter publication's
editor Paranjoy Guha Thakurta. The story was about how
the Adani group's business practices. Two weeks later, the Adani
group slapped a multi-crore defamation case notice against EPW
publisher and Guha Thakurta. The fallout of the multi-crore
defamation suit was that the publication asked Thakurta to pull
down the article. Thakurta refused and resigned.

Why blogs are angry at Barkha Dutt?
Shame on NDTV and Barkha Dutt
The megalomania of Barkha Dutt
Kunte v. Dutt: Indian Bloggers’ waged a war against their
favourite enemy
She shared Indian Army’s plan with Pakistan during Kargil War, she
helped terrorists during 2008 Mumbai attack
Case on Defamation

The blogger, Chyetanya Kunte, in his post named Shoddy Journalism,
had come down heavily on Barkha Dutt for "breaking every rule of
ethical journalism” in reporting the Mumbai mayhem
He had also accused Dutt of "giving away locations in her
broadcasts, thus causing Indian casualties" during the Kargil war
NDTV soon issued a legal notice for defamation to the blogger, forcing
him tender an `unconditional apology' and remove the post.
The law suit has angered bloggers who are rallying behind Kunte, while
condemning the 'arrogance' of NDTV.
Ironically, NDTV's action seemed to have backfired with lots of bloggers
spewing venom on the TV channel and Dutt!
So, someone calls you an idiot and you go ahead and serve them a
legal notice even though you routinely insult people and hide behind the
facade of being in the media11/15/2018 Jinal Shah - SIESCE - BMS 149

How arrogant a television news channel can be when confronted with
uncomfortable questions from its very own audience
"It looks more odd when the same NDTV adopts the role of conscience-
keeper and become instrumental in arousing public anger against the
government and politicians, invites stupid guests in serious looking
talk-shows to deliver stupid lectures on matters of public concern,
interviews hapless relatives of the victims to make 'story' out of their
mental anguish," says the blogger.
Threatening a blogger with legal action and forcing him to put up an
apology is the "worst PR tactic possible."
"Bloggers are famously defensive of free speech, and legal threats
have a way of making bloggers into martyrs and rallying the
blogosphere in their support."
Suing viewers is not good management. Nor is it good for freedom of speech

She opined that it was a ‘Hate’ campaign against her but it was actually Kunte’s
personal views which had erupted out of agony, frustration and anger while he
was viewing the coverage of the on going mayhem on television.
It targeted the ‘character, morality and integrity’ of herself and her channel

Case

How far is too far when
covering the “news”?

Invasion of Privacy
• Unjustifiable intrusion into the personal life of another without
consent
• 4 causes of actions
• Misappropriation of Name or Likeness - Unauthorized use of a person's
name, photograph, likeness, voice or endorsement to promote the
sale of a commercial product or service
• Intrusion upon Seclusion
• False Light - The unflattering, highly offensive portrayal in words or
pictures— of a person as something that he or she is not
• Public Disclosure of Private and Embarrassing Facts - Going too far when
publishing the “news”

“Reasonable Expectation
of Privacy”

Public Disclosure of Private and Embarrassin
Facts
Look for facts that are:
• Sufficiently private

Public Disclosure of Private and
Embarrassing Facts
• Sufficiently intimate

Public Disclosure of
Private and Embarrassing Facts
• Sufficiently intimate
• Disclosure would be highly
offensive to a reasonable person
(shocking!)

Public Disclosure of
Private and Embarrassing Facts
Examples could include publishing detailed
information about a person’s:
• Sexual conduct
• Medical/mental condition
• Addiction recovery
• Educational records

Embarrassing Facts
Truth is not a defense

Embarrassing Facts
Public Interest in Knowledge
(Newsworthiness)
Defenses:
Newsworthiness

Embarrassing Facts
Defenses:
• Newsworthiness
• Consent

Intrusion
Going too far when gathering the
“news”

Intrusion
Publication not required

“Reasonable Expectation of Privacy”
Generally based
on the act of
newsgathering

Intrusion
General Rule:
You have the right to
photograph anything from
a public spot that you can
see with the naked eye

Consent is
generally required
before
newsgathering in
a private space

Classrooms
probably fall in the
“grey” middle
zone
Intrusion

Intrusion
Three most common types of
intrusion:
• Trespass: Newsgathering in a
private space without valid
consent

Intrusion
Reporting in “public”
spaces on privately
owned property can
present a special
challenge to
journalists

Intrusion
Three most common types of intrusion:
• Trespass: Newsgathering in private
space without valid consent
• Secret Surveillance: Using bugging
equipment, hidden cameras, other
electronic aids

Intrusion
• Three most common types of intrusion:
• Trespass: Newsgathering in private space without valid consent
• Secret Surveillance: Using bugging equipment, hidden cameras, other
electronic aids
• Misrepresentation: Invalid or exceeded consent (often in the
context of undercover reporting)

Intrusion
Defenses:
• Newsworthiness
• Consent

UDHR – Universal Declaration of Human
Rights 1948
• “No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, or to attacks upon his honour and
reputation. Everyone has the right to the protection of the law against
such interference or attacks”

Right to Privacy
• India has safeguards in place to protect the identity of
minors, juveniles and victims if absue.
• It is an absolute right and does not apply to all
situations and all class of persons.
• India does not have an independent statue protecting
privacy
• Right to Privacy is understood in the context of 2
fundamental rights:
• Right to freedom – Article 19
• Right to Life and Liberty – Article 21
• Wire tapping

What the court says:
• the three-pronged test required for encroachment of any Article 21
right –
• legality-i.e. through an existing law;
• necessity, in terms of a legitimate state objective and proportionality,
that ensures a rational nexus between the object of the invasion and
• the means adopted to achieve that object.
This clarification was crucial to prevent the dilution of the right in the
future on the whims and fancies of the government in power.

Press Council of India - PCI
• Norms on Journalistic Conduct – Privacy is a inviolable human right;
degree of privacy depends on circumstances and the person
concerned
• Rule – private information on relatives/friends of public person’s
impacts public interest and accountability, the information should not
be revealed
• Once an information comes in the public domain, it no longer falls
within the sphere of the private

Juvenile Justice (Care & Protection of
Children) Act
• Media should not disclose the names, addresses of juvenile in conflict
with the law or that of a child in need of care and protection which
would lead to their identification

Rape Victims
• Sec 228A of the IPC makes disclosure of the identity of a rape victim
punishable
• PCI norms – guidelines for reporting cases and avoiding trial by media
• Not to give excessive publicity to victims, witnesses, suspects and
accused as that amounts to IOP
• Identification of witnesses endangers the lives and forces them to
turn hostile

Sting operation
• The channel must obtain a certificate from the person who recorded
or produced the same certifying that the operation is genuine to his
knowledge
• Information broadcasting Ministry should set up a committee which
would have powers to grant permission for telecasting sting
operations only if it is satisfied about the overriding public interest to
telecast the sting operation

Copyright Act 1957
• The set of exclusive rights granted to the author or creator of an
original work, including the right to copy, distribute and adapt the
work.
• It ensures certain minimum safeguards of the rights of authors over
their creations, thereby protecting and rewarding creativity
• Provides protection from unauthorised copying/use of copyrighted
works and for remedies in case of infringement of copyright

Exclusive copyright protection on following 7
clauses of work
1. Original Literary Work
2. Original Dramatic work
3. Original Musical work
4. Original Artistic work
5. Cinematograph Films
6. Sound recording
7. Computer Programme

Term of copyright
• Lasts for a period of 60 years
• In case of literary, dramatic, musical or artistic works, - 60 year period
is counted from the year following the death of the author

Digital Piracy
• Illegal coying/downloading of digital material such as software, music,
videos, audio books and other copyrighted material
• Piracy – unauthorised reproduction, importing or reproduction of the
whole or any part of work protected by copyright

Legal measures against the digital piracy
• All forms of literary and artistic work is protected under Copyright Act
1957
• Strong lobby of Indian Fill industry

Copyright Act 1957
• Sec 65A – imprisonment up to 2 years and liable for fine
• Sec 65B – infringing the work without authorisation calls for criminal
liability

John Doe orders
• Orders where the identities of defendants are unknown at the time of
filing of the petition and the orders identify the defendants only by
way of some description
• The producers in the film industry make extensive use of this form of
judicial intervention against the online piracy by filing such
applications before the release of new movies
• Movie makers use of such orders to block the whole website that is
suspected to provide the unauhtorised online access

What is the national sports of India?
• Field hockey was considered to be the national game of India, but
this has been recently denied by the Government of India, clarifying
on a Right to Information Act (RTI) filed that India has not declared
any sport as the national game.
• This was revealed in an RTI filed by a class VII student, Aishwarya
Parashar who sought information on a government order pertaining
to India’s national game. Quite surprisingly, the Ministry of Youth
Affairs and Sports in its response stated that ministry has not declared
any sport as its national game.

RTI Act 2005
• Right to Information Act, 2005 ensures that the people we put in
power remain answerable to us always and by no means can they use
public funds arbitrarily.
• It is one of the most powerful legislations in the hands of the people
that empowers them to seek information from the government.
• This Act is immensely vital for the functioning of any democracy as it
sanctions its citizen the right to inspect the work of the government
and ask for certified copies to know the status of the work of different
government projects.
• The RTI Act mandates timely response to a request for information
from a public authority.

Woodrow Wilson…..
• “I for one have the conviction that government ought to be all outside
and not inside. I, for my part, believe that there ought to be no place
where everything can be done that everyone does not know about.
Everyone knows corruption thrives in secret places and avoids public
places.”

Right to Information is necessary due to the
following reasons:
• Right to information makes administration more accountable to people.
• It reduces the gap between administration and people.
• Right Information makes people aware of administrative decision-making.
• It facilitates better delivery of goods and services to people by civil servants.
• It facilitates intelligent and constructive criticism of administration.
• Right to information increases people’s participation in administration.
• It promotes public interest by discouraging arbitrariness in administrative
decision-making.
• Right to information reduces the scope for corruption in public administration.
• It upholds the democratic ideology by promoting openness and transparency in
administration.
• It makes administration more responsive to the requirements of people.
• It reduces the chance of abuse of authority by the public servants.

What can be asked?
• Who would have thought people would file RTI to know the details of the
quality and quantity of tobacco consumed by the officials of Municipal
Corporation of Delhi.
• In another interesting RTI, a political activist in 2014 asked the Election
Commission of India why election symbols used in electronic voting
machines are black and white and not colorful.
• You can literally ask anything through an RTI, starting from the electricity
bill of your local commissioner to the amount spent by the government in
training of an athlete.
• A young girl in her RTI asked who has gave the order for printing Mahatma
Gandhi’s image on currency notes.
• RTI activists have unveiled some of the most horrific scams like Adarsh
housing society scam, 2G scam, commonwealth scam, Red Cross Society
Scam, Pratibha Patil land controversy

Quote by an activist
• “It just takes 10 Rs to right a wrong. The biggest achievement of RTI is
that it tells the most powerful people that they are not beyond the
reach of a common man.”

Adarsh housing scam
• the applications filed by Yogacharya Anandji and Simpreet Singh in
2008 in the matter of Adarsh Scam were crucial in disclosing the links
between politicians and military officials. This 31-storey building had
permission for only 6 floors which was meant entirely for the welfare
of war widows and veterans. Instead, these flats went to several
politicians, bureaucrats and their relatives.
• the RTI applications filed by activists Yogacharya Anandji and
Simpreet Singh in 2008 exposed the infamous Adarsh Housing society
scam, which eventually led to the resignation of the then
Maharashtra chief minister Ashok Chavan.

2G scam
• In the 2G scam, in which the then Telecom Minister A Raja
undercharged mobile phone companies for frequency allocation
licenses and caused a loss of Rs 1.76 lakh crore to the Indian
government, an RTI application by Subhash Chandra Agrawal revealed
that Raja had a "15-minute-long" meeting with then solicitor-general
Goolam E Vahanvati in December 2007 after which a "brief note was
prepared and handed over to the minister", but the minutes of the
meeting were not recorded, stated this report in The Huffington Post.

Commonwealth Games scam
• The RTI Act was also used to expose corruption after the
Commonwealth Games scam, in which the corrupt deals by politician
Suresh Kalmadi embarrassed the nation. The report said that an RTI
application filed by non-profit Housing and Land Rights Network
showed that the then Delhi government had diverted Rs 744 crore
from social welfare projects for Dalits to the Commonwealth Games
from 2005-06 to 2010-11.

NGOs
• In 2007, the RTI request filed by Krishak Mukti Sangram Samiti, an
NGO, revealed irregularities in the distribution of food meant for
people living below the poverty line by the public distribution system
in Assam, according to a report in The Wall Street Journal. In 2008, an
RTI application by a Punjab-based NGO revealed that heads of the
local branches of the Indian Red Cross Society had used money
intended for the victims of the Kargil war and natural disasters to buy
cars, air-conditioners and pay for hotel bills.

Contd..
• A PTI report published in July 2016 said that an RTI query showed that
only 12 members of the Maharashtra Cabinet have declared their
assets and liabilities details as per Central governments code of
conduct for ministers.
• Another one filed by social activist Anil Galgali showed that as many
as 118 complaints of sexual harassment were filed at the Municipal
Corporation of Greater Mumbai (MCGM) between 2013 and July this
year.
• An RTI query filed by Child Rights and You (CRY) revealed in May this
year that twenty-two children go missing in the national capital
everyday with most of them being boys aged upto 12 years.

IIM Admission procedure
• In another matter, where Vaishnavi Kasturi, a visually impaired
student was denied a seat in Indian Institute of Management,
Bangalore despite her impressive score in the entrance exam filed an
RTI to know why was she denied admission. She couldn’t get
admission to the college but due to her RTI, IIMs had to make their
admission criteria public. It appeared that more weightage was given
to 10th and 12th exams than the score of the entrance exams.

NGO in Punjab
• In an another matter an RTI filed by an NGO based in Punjab it was
revealed that the funds that were meant for victims of the Kargil War
were used by the bureaucrats to buy cars and air-conditioners. The
court charged these bureaucrats with fraud and the funds were then
transferred into Prime Minister’s Relief Fund. A 9-year-old called
Pranav filed an RTI that forced the Delhi police to register his bike.

RTI queries filed are frivolous
• after the PMO website released a list of RTI queries about PM Modi, it
was revealed that one of the RTI queries was the following: "What is
the speed of internet of Wi-Fi in the PMO?"
• Another one went like this: "Has the Principal Secretary to PM, Shri
Nripendra Misra, ever taken his subordinates, in the Prime Minister's
office, on a picnic?"
• And if you thought you had seen the most ridiculous RTI queries,
consider this one: "Enclose all the proper records and documents
which show that the present Prime Minister of India, Shri Narendra
Modi is The Prime Servant of India and not the Prime Minister."

RTI Act, 2005
• An initiative taken by the ministry of personnel, public grievances and pensions to
ensure a portal for citizens who searched and needed quick information
• Objectives
• To empower the citizens,
• Promote transparency and accountability in the working of the government,
• Contain corruption and
• Make democracy work
• An informed citizen is better equipped to keep necessary vigil on the instruments
of governance and make the government more accountable
• Big step towards making the citizens informed about the activities of the
government
• RTI is given the status of fundamental right under article 19(1) of the constitution
• Prevents any arbitrary action by any government servant

Applicability
• The Act extends to whole of India (except Jammu & Kashmir), all
bodies which come under Government notification including NGOs
which are owned, controlled or are substantially financed by the
Government
• Indians file nearly 60 lakh RTIs every year, the highest number of such
information requests in the world.
• A total number of 2,74,737 RTI applications were filed under
standalone in different departments and agencies of Delhi.

RTI includes the right to
• Inspection of work, documents, records
• Taking notes, extracts or certified copies of documents or records
• Taking certified sample of materials
• Disc, floppies, video cassettes etc

The Act mandates
• Every public authority is obligated to maintain computerised versions of all
records in such a way that it can be accessed over a network anywhere in
the country and issued to the person who has requested for information.
• Every public authority should provide essential information to the public
through various channels of information (including internet) at frequent
intervals so that the use of the RTI Act to obtain information can be kept to
a bare minimum.
• Any person who desires to obtain information shall submit a written or
electronic request in English or Hindi or in the official language of the area
to the Central Public Information Officer or his/her counterpart at the state
level.

The Act mandates
• No applicant will be required to give any reason for application for request
or to provide any personal information except for contact details where it is
necessary for the authorities to contact the applicant.
• In case an appeal is rejected, the Central Public Information Officer or
his/her equivalent will communicate the reason for rejection, period within
which an appeal against the rejection can be made and particulars of the
appellant authority.
• Under normal circumstances, the information requested for will be
provided in the form sought for - if a citizen asks for some information in
the form of an email attachment, it will be provided unless it causes
damage to the original document itself.

Which Government Departments are exempted
from the Act?
• Twenty-odd organisations are exempted from RTI. But all these entities are
related to the country's defence and intelligence, such as RAW, BSF, CRPF,
CISF, Intelligence Burearu, National Security Guard etc.
• specific instances whereby RTI information cannot be furnished. These
instances relate to matters which:
• Would affect national security, sovereignty, strategic, economic and/or scientific
interest.
• Have been disallowed by the court to be released.
• Have been disallowed by the court to be released.
• Relates to trade secrets or intellectual property, information which might
affect/harm the competitive position of a third party.
• Relates to information under fiduciary relationship.
• Relates to foreign government information.
• Would affect the life/physical safety of any person.
• Would affect the process of an investigation.
• Relates to cabinet papers.
• Relates to personal information without any public interest.

How to use RTI to solve personal problems?
• Pending Income Tax return
• Delayed PF withdrawal
• Delayed PF Transfer
• Delayed Passport
• Delayed Aadhar card
• Delayed IRCTC Refund
• Copies of answer sheets
• Property Documents like Occupancy Certificate/Completion Certificate
• Status of FIR
• Status of a complaint
• Status of EPF
• Delay in Scholarship

How to use RTI to solve problems in the
community?
• Fix roads with pot holes
• Conduct social audit of government projects
• Know how your MP/MLA spent the fund allocated to him
• Know how a particular government project or scheme was implemented
• If in your community, you think the facilities are not as expected or you observe
some government maintained property in bad condition, you can use RTI to get
the government working on it.
• For instance, if there is a road in very bad condition you can ask the following
questions:
• How much money has been spent on the development of road in past 3 years?
• How was the money spent?
• Please provide a copy of the orders

Passport based queries that can be asked
• Please provide daily progress done on my passport application.
• Please provide names of officers with whom my application has been
lying during this period.
• Please inform as per your citizen’s charter in how many days I should
have got my passport.

How to file an RTI application
You can file an RTI in three ways-
• Online – visit rtionline.gov.in and log in to file an RTI online
• Via Post – Send your application to the concerned department via
registered post or speed post.
• In Person- Visit Public Information Officer of the concerned
department to file the RTI.

Procedure for filing an RTI
1. Identify the department you have to seek information from. Certain
subjects fall within the ambit of State or Central government and others fall
within the ambit of local authority such as municipal administration/
panchayat.
2. Write out the RTI application by hand or type it English, Hindi or the official
language of that area.
3. Address the application to the State/Central Public Information Officer.
Write the name of the office you seek information from and clearly
mention that “ Seeking information under RTI Act”
4. Pay Rs. 10 to file the plea. You can pay in form of cash,
5. You should always take a photocopy of your application and keep it with
you for future reference.
6. The law mandates that information should be provided within 30 days. If
this does not happen you can file an appeal to the appellate authority with
the name of the department and the address. The appellate authority is
mandated to revert within 30 days from the date of the receipt of the
appeal.11/15/2018 Jinal Shah - SIESCE - BMS 216

• Every government organisation is needed to appoint one employee as a
public information officer (PIO). Once a department gets an RTI request, it
is the responsibility of the PIO to furnish the information to the applicant
within 30 days. Failing to do so means, a monetary fine can be imposed on
the PIO. The longer a PIO makes an applicant wait, the more the penalty
levied on him/her. There have been instances where PIOs have been asked
to cough up amount in thousands of rupees as fine.
• Every state has an Information Commission, comprising a Chief Information
Commissioner and a few information commissioners. Former judges, IAS,
IPS officers of impeccable record are appointed to these positions by the
government. Above them in the hierarchy is the Central Information
Commission and below them are first and second appellate authorities to
see to it that an applicant does get the RTI information he/she has
requested.

Right to Information Act – Global Scenario
• Finland enacted the Freedom of Information legislation in 1951.
• Both Denmark and Norway have made the similar legislations in the same year (1970).
• USA has granted Right to Information to its citizens by the Freedom of Information Act
(1966).
• France, Netherlands and Austria have made the similar legislation in the 1970s. Canada,
Australia and New Zealand have done it in 1982.
• Thailand and Ireland have made the law in the same year (1977).
• Bulgaria enacted it in 2000.
• In South Africa, the Right to Information is guaranteed by the constitution itself. This
right o the citizens has been further reinforced by enacting a legislation in 2000.
• In Britain, the Fulton Committee (1966-68) found too much of secrecy in public
administration. Hence, it recommended an enquiry into the Official Secrets Act, 1911. In
1972, the Franks Committee also made the similar recommendations. Hence, in 1988,
the Act was amended to narrow the scope of official information falling within its ambit.
Finally, the UK Freedom of Information Act came into force on January 1, 2005

How RTI Act is dying a slow death in India

Corporate Communication and Public Relations Module 1

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