Communications, like many other aspects of business life, are governed by a wide range of laws, as well as ethical considerations. Over the next two pages, we highlight a few aspects of law which are relevant to business communications, and consider some examples from different countries.
However, it is important to note that this is just a brief introduction to a very extensive topic. Also, because laws and perceptions of ethical behaviour vary widely between countries and cultures, we strongly encourage you to research the laws and ethics that apply to business communications in the country or region where you are planning to do business. Remember too that, with the expansion of global and e-business enterprises, it is critical to develop knowledge and skills to communicate effectively across cultural borders.
Start by reading Words and your legal responsibility from Chapter 4.5 in Saylor Academy's Business Communication for Success. This reading introduces the idea that business communications are governed by laws and ethical considerations. (You do not need to do the exercises at the end of the reading.)
Next,
- read through the following resources (below and on the next page) about a few specific aspects of law that may affect business communications, and
- do the suggested research to find out more about the position in your own country
False or misleading claims
Businesses
- must be honest with consumers about their own products and services - and
- must not make false claims about their competitors.
'False or misleading claims', a web-page published by the Australian Competition and Consumer Commission (ACCC), provides a good overview of the types of business behaviour that are against the law in Australia in this context.
Note that, in Australia, exactly the same laws apply to communications via social media as to other forms of communication: Social Media (ACCC). In addition, a business can be held responsible for misleading comments made by others on their business's social media pages.
- Are there similar laws in your country or region?
- Are the laws different depending on the form of communication used?
Defamation is a false statement that damages someone's reputation, and can result in the company or individual (who made the statement) being sued. In general terms, 'libel' is the word used for written defamation and 'slander' for spoken defamation.
'Best practices for avoiding defamation on social media', from the American New Media Rights website, is helpful in explaining what defamation is, and highlights the particular risks for social media users.
- What are the laws on defamation in your country or region?
- Try to find a news report of a libel case (ideally in your own country) where the person/business complaining about a libel was successful.
- What was the consequence for the person/business who wrote the libel?
- How could better communication have avoided the situation arising?
Protection from discrimination is recognised as a universal human right (Article 7 of the Universal Declaration of Human Rights)[1]. Many countries now have laws to put this principle into practice, and provide guidance on how it applies in different contexts. Here are two examples:
- Are there anti-discrimination laws in your country or region?
- If so, try to find a good summary of the anti-discrimation laws that might affect a business.
- Whether or not there are anti-discrimination laws in your country, what do you think about the ethics of discriminatory behaviour by a business?
- Think of a situation where someone writing a business communication would need to be aware of anti-discrimination law.
Privacy and data protection
Many countries have privacy and data protection laws. These are designed to protect people's privacy by regulating how organisations collect and use personal information. Any business that collects personal information, for example about its customers or employees, needs to be aware of the relevant privacy laws.
One of the most far-reaching legal codes relating to privacy and data protection is the European Union's (EU) General Data Protection Regulation (GDPR), which came into effect in 2018. The GDPR imposes obligations on organisations anywhere in the world, if they are targeting or collecting data related to people in the EU.[2]
- Get an overview of the GDPR by reviewing this infographic for businesses, produced by the European Commission.
- To what extent do these laws apply to a business in your country?
- Where can you find information on the privacy and data protection laws of your own country?
When you are ready, move on to the next page for an overview of the implications of copyright, trademark, and contract law for your business communications.
References
- ↑ https://www.un.org/en/universal-declaration-human-rights/
- ↑ https://gdpr.eu/what-is-gdpr
