Introduction
Communication in the digital sphere has its extreme characteristics, but this does not mean it operates in a legal vacuum. Just like in the wider perspective of communication, there are freedom and privacy rights that apply from case to case. Like in the traditional media sphere, there are principles of media and criminal law that cover competition claims and intellectual property. Among many other rights infringements, the law on defamation offenses also applies in digital communication.
It is important to understand the laws and ethics that guide communication in digital and mediated settings. Typically, the end of the legal framework is the beginning of ethics. There are unwritten laws and elements of natural justice that apply beyond rules and regulations affected by legal institutions. Organizations in the 21st century need to be aware of these elements as a guide to communication and public relations for the existing business environment. Therefore, self-regulation in the communication industry is equally important as the set rules, which means the legal and ethical codes are applicable to all levels of stakeholders. Some stakeholders in a company are considered professionals, while others are semi-professionals.
Laws and Regulations
First Amendment Case Study
In 2010, Anthony Elonis was arrested and charged with violation of the deferral anti-threat statute, 18 U.S.C. 875(c). The aspiring rap artist was charged with threatening his co-workers, an F.B.I. agent, local police, his ex-wife, and a kindergarten class. All these charges were based on Facebook posts on his account. Before the activity on Facebook, Elonis had not only lost his job and a local amusement park but was also left by his wife and family. The Facebook posts were linked to his social history and interpreted as threats.
Elonis had to appear before the court and plead innocent. In the trial, Anthony Elonis said the posts were only an artistic expression used in a popular rap song. According to Elonis, he posted part of the lyrics as part of therapy to help him deal with the unfortunate aspects of his social life. In legal terms, Elonis claimed not to have any subjective intent as a threat to anyone; he did not mean the words in the literal sense. However, the court denied his plea to dismiss the charges. According to the court, the best way to test a threat should be objective; how reasonable people would perceive the threat. Therefore, Anthony Elonis was convicted on four counts and sentenced to 44 months of imprisonment and three years of supervised release. All attempts to appeal through the U.S. Court of Appeals were unsuccessful. Considering the First Amendment, Anthony Elonis committed a federal crime by posting messages contaminating threats that injure a person.
Landmark Court Cases
Reno v. American Civil Liberties Union (1997)
Congress passed the Communications Decency Act in a bid to control pornography and related material on the web. The main focus was on protecting kids from destructive content (Christians et al., 2020). In the act, there was a provision for criminal prosecution against any part that consciously displayed either an image, text or any form of communication that the contemporary community standards consider sexual or indecent to people under the age of 18 years. Several federal judges subverted the provision on the basis that while protecting children from harmful materials is a welcome concern from the government, it should not be a justification for suppressing freedom of speech targeting adults. The dilemma in the case was whether the Internet should be regulated like print media. The court’s decision was based on the fact that adult freedom should not be reduced to children’s protection, and this led to the development of new control measures like parental control and other filtering software.
Zeran v. America Online, Inc. (1998)
A few days after the Oklahoma City bombings in 1995, multiple items featured on the AOL message board offering items for sale were printed with triggering statements like “Visit Oklahoma… it’s a BLAST!!!” The posts included the home address and phone number of Kenneth Zeran as a contact person for the advertisement (Christians et al., 2020). Residents of Oklahoma had barely recovered from the unfortunate events, and this caused the posts to go viral. Media outlets encouraged the public to fight against Zeran, who received angry phone calls and outrage; he found refuge in protective assistance from the F.B.I.
Zeran eventually sued the radio stations for publishing and amplifying the prank. While it was a dramatic lawsuit, it was the best case to address third-party content hosting that was based on the newly developed Communications Decency Act. If the court had ruled in Zeran’s favor, websites today would be required to verify every item before publication; it would have been a nightmare for content giants like Google. The case is a landmark in digital communication because it allowed website owners the freedom to host third-party content without taking responsibility for illegal publications.
Content and Messaging Changes
As a result of the two landmark court cases in digital media, companies are enjoying the freedom of speech and advertisements, unlike if the courts were to rule the other way around. For instance, television commercials and the film industry do not have to restrict their content to consider children. If the target audience is adults, a notification of parental guidance or rating is enough at the beginning of the show. Content producers are not responsible for damage or any undesired influence on children. Additionally, website owners have increased the scope of their online spaces by offering space for any willing advertisers and other content creators to publish content that resonates with the website’s goals or vision. Considering that website owners do not face prosecution for illegal third-party publications, websites are more dynamic, and the diverse nature of data is available, unlike before the court case.
Best Legal Practices
In the 21st century, great content is a premium product. Great content for a specified audience can dramatically change the economic position of a company; however, content can also be the downfall of a giant in any industry. Considering the two landmark court cases and their impact on digital communication, below is a list of best legal practices for employees to follow when creating digital messages and other content for the company. However, it is important to note that the content in digital communication is a fast-evolving area of law; and depending on trends of the time and circumstances of the incident, the court might rule otherwise.
- Avoid threats or defamatory statements
- Seek indemnification when outsourcing content
- Be sure to own all content linked to your business
- Avoid copyright infringement
Ethical Guidelines
Professional Codes of Ethics
Digital communication offers excessive freedom for internet users. Nevertheless, it does not operate in a vacuum but is subject to regulation, as is the case with communication in the wider sense. For example, the right to privacy and freedom of speech apply with exceptions, as is the case with other laws. Ethical standards help address the limitations of legal frameworks for both professional and nonprofessional participants (Burr et al., 2020). For this reason, professional codes of ethics exist in organizations to help guide behaviors. Since they are beyond the legal framework, codes of ethics depend on organizational standards and definitions. Regardless of the difference, they guide members to maintain honesty and integrity and be diligent in their duties to breed a good reputation for the organization.
Over the years, organizations have evolved and diversified their ethical standards. However, the fundamental principles remain intact to catalyze and encourage acts of good virtue and character. Different organizations cultivate responsibility and accountability among their members to enhance the best qualities in individuals. Anyone joining an organization receives the necessary orientation to meet the expected standards and practices (Jaisy et al., 2022). The good qualities and desirable characteristics are passed to subsequent generations to help breed a culture of professionalism. For this reason, it is essential for every organization to define and uphold a code of ethics that outlives the members.
Long-standing codes of ethics in organizations help govern decision-making processes. They are used to distinguish easily between right and wrong and encourage values that foster the core values and mission of the organization. Specific laws may dictate the conduct of various professionals, especially in the continually digitizing environment. Therefore, adjustments to the code of conduct are necessary for organizations that seek to retain relevance and competitiveness in the modern environment (Azarova et al., 2022). The code of conduct captures minor issues that may be disrespectful and reward those that uphold it. Therefore, the value and role of a code of ethics in an organization cannot be overemphasized.
Ethical Guidelines
Honesty
The most prioritized value is honesty because it guides members to assert and uphold truth not only in words but also in action. Self-regulation among individuals will help support high standards of honesty, which translates into accuracy in communication. As a result, it enhances the level of credibility in information, professionalism, and expertise. Without honesty, one would not be trusted to complete tasks at both individual and group levels. In the long run, dishonest professionals undermine and diminish public trust in an organization. Without trust, organizations lose customer loyalty and will not survive the rapidly evolving and intensely competitive business environment.
Advocacy
Work environments are built on the success of teams responsible for accomplishing smaller tasks together. Therefore, supporting those trusted members in teams and routing for them should be the next reasonable thing to do after honesty (Jaisy et al., 2022). On the other hand, having the best interest of colleagues does not mean one should hide and conceal any ills. Instead, members should be responsible and confident enough to resist any compromises toward upholding the truth.
Expertise
While working together as a team at the workplace benefits the organization and individuals in general, it is important for stakeholders to make personal improvements in their performance. Through continuous self-development, furthering one’s education, and repeated action for experience, employees can advance their expertise levels and qualify for promotions or salary raises. Most importantly, they become more reliable members of the business community because they offer special and unique skills necessary for improving quality. According to Castellano Parra et al. (2020), this need for this resource cannot be over-emphasized because it allows one to be independent and confident in their duties. Apart from the likelihood of winning awards for their outstanding, they stand a chance to inspire others to make innovations in their area of jurisdiction.
Independence
The most natural value to achieve after achieving top-level expertise is to become independent. An independent-minded person can withstand controversies and wrongdoing to pursue the right course of action at all costs. They can avoid conflict and refrain from taking opportunities for preferential treatment. An independent person also treats others alike without prejudice and bias to avoid preferential treatment.
Fairness
Due to the increased negativity on digital platforms, it is important to uphold fairness in the workplace for members to feel safe in the space. Accuracy of information is not enough if the other side is not considered before a decision-making process. Therefore, fairness involves considering all possible scenarios to avoid biased treatment or discrimination against diverse populations in the workplace.
Justification of Ethical Guidelines
This guideline can guide both personal and professional behaviors. The framework can help mediate communications with the audience and navigate digital platforms. It will help improve overall values, such as integrity in the organization, as one of the most important ethical practices. Integrity in organizations attracts customer loyalty, which is the key to surviving intense competition to improve profitability in the long run.
The guideline is also important in helping organizations achieve other goals and milestones. For example, the above guideline can help management achieve a culture of high-level confidentiality. These high standards translate to upholding privacy policies with ease (Jaisy et al., 2022). Employees who are honest and fair will not seek to undermine or engage in illegal or unauthorized access to resources and information. Adherence to privacy policies is one of the most important values in any organization.
Best Digital Practices
While most ethical standards can apply across industries, there are some specific practices that are critical to the digital industry. There are some aspects of digital companies that are unique to the industry. For example, the unpredictability of the spread of information on social media may threaten the existence of companies (Castellano Parra et al., 2020). Unverified, misinterpreted, or maliciously edited information may incriminate a company or individual without intent to harm, provoke, or infringe on the rights of others.
Reversibility
Before releasing any piece of digital message, it is critical to scrutinize and ensure it is appropriate for the audience. According to Dua (2022), considering the multi-directional aspect of digital media and the increased sensitivity growing around the globe, exposure to sensitive information may attract major opposition and repercussions for the company. Since negativity gains more popularity and spreads wider and faster than positive or factual information, any errors may spread beyond control. While messages are often tailored to customers in an effort to attract them, they are exposed to observers, competitors, critics, and politically-motivated audiences with sinister motives. Therefore, the organization needs a reverse strategy to withdraw or adjust any messages depending on the public’s perspective.
Public Relations
The importance of respectful behavior extends to the treatment of online users besides employees to the rest of the staff. Demonstrating dignity and respect goes a long way in avoiding deception and building relationships with customers. For example, customers requesting feedback about products conveniently at any time will trust the company more and promote it further and wide. According to Hagiu and Bortoș (2021), giving discounts and other forms of rewards to loyal customers is also a method of exhibiting respect and appreciation.
Case Study
Digital law has rapidly grown from a minor area of communications law to a critical determinant of global issues. Increased cases of plagiarism, cyberbullying, and infringement of copyright law are alarming. Common issues today, such as hate speech and disinformation campaigns, were barely predictable at the close of the twentieth century (Skuczyński, 2022). The early laws designed for traditional mainstream media are no longer applicable to the digital space, and hence new laws were necessary. Initial digital laws aimed at preparing a free regulatory environment, but the focus has quickly shifted towards limiting monopolistic tendencies such as corporate tech giants that now threaten to control communication and commerce.
The initial Communication Act of 1934 aimed at regulating the industry by prohibiting discrimination from stabilizing competition and fair play in mainstream media. It was founded on the first Amendment, which provided immunity against government control for new communication and has been enjoyed over the years by print media. However, modern technologies have recently encountered scrutiny and lower status of the full First Amendment (Jaisy et al., 2022). Facebook’s CEO has lately been interrogated by the Senate to ensure that the online platform has not infringed on the public’s right to privacy.
There are various forms of dilemmas on digital platforms. For example, a role dilemma occurs when an active social media user has no clear purpose of existence online. For example, a misinterpretation of their role occurs if they cannot be defined as professionals or private, a friend, group, company, expert, teacher, or employee. This lack of clarification opens chances for lies, mischief, and other forms of illegal activity over the internet.
Other forms of dilemmas include; tempo and integrity dilemmas. Tempo dilemma and Casenave and El Hadi (2019) tempo dilemma, which defines the compulsive behavior exhibited by addicts of internet usage. Indeed there is the enhanced internet speeds and features that allow learners to view and participate in constantly updated information, and users are always seeking opportunities to participate and intervene. Since things happen very fast on social media, interactions are not based on expertise, professionalism, family, or any relations but on a disorganized interaction of anyone. The result is the quick spread of information from unreliable and unverified sources, such as a company CEO tweeting about sensitive marriage or political issues, thanks to his influential position.
Online presence puts pressure on individuals to perform and live up to their reputation. Organizations also find intense pressure to retain a good reputation and retain a reflection of their core values. Therefore, an integrity dilemma occurs when groups and individuals have their online presence threatened by constant scrutiny and the risk of moral dissonance (Dua, 2022). An attempt to maintain high ethical standards according to societal expectations and dealing with conflicting moral convictions increase the pressure to satisfy the audience.
Despite the developments and strides made in promoting Internet security, many dilemmas and loopholes remain. International law is yet to provide clear guidelines in the ever-changing cyberspace. Developed nations, which are most threatened by cybercrime, have enacted policies that free them from liability for cyber crimes in cases where institutions promote fair use of their services. This generalized approach to guidelines does not limit cybercrime or commit to protecting users from infringement (Castellano Parra et al., 2020). Therefore, tech companies have used their specified policies to control the safety of their platforms with significant success.
Despite the application of best ethical practices, dilemmas in cyberspace persist. Honesty, integrity, independence, confidentiality, and fairness are not enough to combat malicious activities from cybercriminals. Nevertheless, they are sufficient enough to control organizational integrity, core values, and moral standards among the participating members. The organizations that adopt these ethical practices are successful in managing their workers’ safety against cybercrimes that have been rampant as the Internet advances.
The safety of future digital communication requires the collaboration and commitment of experts, legislators, and a high-tech policing department to improve. Building a network of stakeholders, including various governments, nongovernmental institutions, and information technology experts, will help provide lasting solutions to future criminal activity and exposure of victims online. Continuing to rely on digital communication for influencing consumer perceptions, attitudes, shopping, and other forms of commerce requires increased security features.
Conclusion
Digital communication, like traditional mediums of communication, has rules and legal practices that companies should consider. Moreover, there are ethical values that employees and companies are expected to abide by depending on the nature of the industry. The First Amendment has contributed to significant changes in digital communication across the globe; the landmark court cases act as a roadmap for future decision-making in companies. It is important for stakeholders in a company to understand both the legal and ethical aspects of digital communication and mediated settings to avoid avoidable pitfalls. However, the basic principles are not enough to avoid lawsuits; concerned stakeholders should keep up with changing technology and stay on top of things because laws on content in digital communication are fast evolving.
References
Azarova, L. V., Shashkova, N. V., & Kudryavtseva, M. E. (2022). Professional communications in the problem apea of” new ethics” and digital transformation of society. In 2022 Communication Strategies in Digital Society Seminar (ComSDS) (pp. 149-153). IEEE.
Burr, C., Taddeo, M., & Floridi, L. (2020). The ethics of digital well-being: A thematic review. Science and Engineering Ethics, 26(4), 2313-2343.
Casenave, J., & El Hadi, W. M. (2019). Developments in ethics of knowledge organization: From critical approaches to classifications to controlled digital communication practices. The Human Position in an Artificial World: Creativity, Ethics and AI in Knowledge Organization, 127-143.
Castellano Parra, O., Meso Ayerdi, K., & Pena Fernandez, S. (2020). Behind the comments section: The ethics of digital native news discussions.Media and Communication, 8(2), 86-97. Web.
Christians, C., G., Fackler, M., Richardson, K, B., &Kreshel, P. J. (2020). Media ethics: Cases and moral reasoning. Routledge.
Dua, M. (2022). Non-Power ethics in an autonomous digital technology. Crossing Boundaries: Challenges and Opportunities, 38, 227.
Hagiu, A., & Bortoș, S. (2021). Towards an applied Ethics in digital communication: A transdisciplinary perspective on responsibility. Annals of the University of Craiova, Series: Philosophy, 48(2), 110-123.
Jaisy, G., Wahyunengsih, W., & Rizki, A. (2022). The impact of online learning on the students’ digital communication ethics. Al-Azkiya: Jurnal Ilmiah Pendidikan MI/SD, 7(1), 86-97.
Skuczyński, P. (2022). Ethics in digital finance: Towards a new paradigm of self-regulation1. In M. Heckel & F. Waldenberger (Eds.). Digital Finance and the Future of the Global Financial System (pp. 145-160). Routledge.
U.S. Constitution (1791) U.S. Constitution Amendment. Web.
Wilkins, L., Painter, C., & Patterson, P. (2019). Media ethics (9th ed.,). Rowman & Littlefield Publishing.