Difference between revisions of "Writing for Business Success/Effective business writing/Legal implications 1"

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Communications, like many other aspects of business life, are governed by a wide range of laws, as well as ethical considerations. On the next two pages, we highlight a few aspects of law which are widely relevant to business communications, with some examples from different countries. However, be aware 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.  With the expansion of global and e-business enterprises, it is critical to develop knowledge and skills to communicate effectively across cultural borders.
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|body=Read [[media:Legal_responsibilities_in_business_writing.pdf|Words and your legal responsibility]] from Chapter 4.5 in Saylor Academy's ''Business Communication for Success''. (You do not need to do the exercises at the end of the reading.) This reading discusses how business communications are governed by laws and ethical considerations.  
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Because laws and perceptions of ethical behaviour vary 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.  With the expansion of global and e-business enterprises, it is critical to develop knowledge and skills to communicate effectively across cultural borders.
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Start by reading [[media:Legal_responsibilities_in_business_writing.pdf|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.)
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On this page, we highlight a few aspects of law which are widely relevant to business communications, with some examples from different countries. However, note that there are many other aspects of the law which can be relevant to business communication.
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'''False or misleading claims'''
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Then read through the 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.
  
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Businesses must be honest with consumers about their own products and services - and must not make false claims about their competitors. [https://www.accc.gov.au/consumers/advertising-promotions/false-or-misleading-claims 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.
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|title=False or misleading claims
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|body=Businesses must be honest with consumers about their own products and services - and must not make false claims about their competitors. [https://www.accc.gov.au/consumers/advertising-promotions/false-or-misleading-claims 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 on other forms of communication: [https://www.accc.gov.au/business/advertising-promoting-your-business/social-media Social Media (ACCC)]. In addition, a business can be held responsible for misleading comments made by others on their business's social media pages.
 
Note that in Australia exactly the same laws apply to communications via social media as on other forms of communication: [https://www.accc.gov.au/business/advertising-promoting-your-business/social-media 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 there similar laws in your country or region?
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'''Defamation'''
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Defamation is a false statement that damages someone's reputation, and can result in being sued. In general terms, ''''libel'''' is the word used for written defamation and ''''slander'''' for spoken defamation.
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|body=Defamation is a false statement that damages someone's reputation, and can result in being sued. In general terms, ''''libel'''' is the word used for written defamation and ''''slander'''' for spoken defamation.
  
 
[https://www.newmediarights.org/best_practices_avoiding_defamation_social_media/ Best practices for avoiding defamation on social media], from the American [https://www.newmediarights.org/about_us New Media Rights] website, is helpful in explaining what defamation is and highlighting the particular risks for social media users.
 
[https://www.newmediarights.org/best_practices_avoiding_defamation_social_media/ Best practices for avoiding defamation on social media], from the American [https://www.newmediarights.org/about_us New Media Rights] website, is helpful in explaining what defamation is and highlighting the particular risks for social media users.
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** What was the consequence for the person/business who wrote the libel?
 
** What was the consequence for the person/business who wrote the libel?
 
** How could better communication have avoided the situation arising?
 
** How could better communication have avoided the situation arising?
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'''Copyright'''
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In many countries, the creators of written work, images, videos etc. have legal rights to be recognised as the creators of their work and to control how their work is used by others. Many cultures also have ethical principles about using the work of others without attribution ('plagiarism'). This is part of the law of 'intellectual property'. It is a very large and complicated topic, which is beyond the scope of this course, but as a communicator in the business world you will need to be aware of at least the basic laws and practices that apply in the country or countries where your business operates.
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* As a starting point, read:
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**[https://www.bl.uk/business-and-ip-centre/articles/how-to-avoid-copyright-infringement Avoiding copyright infringement], produced by the British Library, which explains some ways copyright laws are relevant to businesses in the United Kingdom
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**[https://fairuse.stanford.edu/overview/website-permissions/websites/ Websites: Five Ways to Stay Out of Trouble], produced by Stanford University Libraries in the USA.
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*Try to find a similar outline of copyright law for your own country.
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'''Trademarks'''
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A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. It is legally recognized as a type of intellectual property.<ref>https://en.wikipedia.org/wiki/Trademark</ref>
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[https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-mark-basics Trade mark basics], produced by the Australian Government, provides a good introduction to trademark law as it applies in Australia.
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As a business communicator, you need to make sure that you do not use any words or expressions that are trademarked by another business, otherwise your company could be sued.
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* Try to find out what the basic law is on trademarks in your country.
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SW - ADD IN HERE CONTRACT LAW; HARRASSMENT, BULLYING AND DISCRIMINATION; DATA PROTECTION; AND CLARITY OF INSTRUCTIONS
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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.
 
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Revision as of 22:23, 11 March 2020

Communications, like many other aspects of business life, are governed by a wide range of laws, as well as ethical considerations. On the next two pages, we highlight a few aspects of law which are widely relevant to business communications, with some examples from different countries. However, be aware 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. 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.)

Then read through the 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.

Icon key points line.svg
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 on 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?



Icon key points line.svg
Defamation

Defamation is a false statement that damages someone's reputation, and can result in 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 highlighting 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?



Icon key points line.svg
Harrassment, bullying and discrimination




Icon key points line.svg
Privacy and data protection



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.

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