advertisement

prlaws molleda04

50 %
50 %
advertisement
Information about prlaws molleda04
Entertainment

Published on October 25, 2007

Author: Connor

Source: authorstream.com

advertisement

To regulate or not to regulate: The cases of Brazil, Panama & Nigeria.:  To regulate or not to regulate: The cases of Brazil, Panama & Nigeria. Juan-Carlos Molleda, Ph.D. Vice Chair-PRSA Global Initiatives Advisory Board Assistant Professor-University of Florida Enacted Public Relations Legislations:  Enacted Public Relations Legislations Historical Overview:  Historical Overview 1954 ABRP. 1967 Legislation. 1967 University of São Paulo. 1968 CONFERP & CONRERP system decree. 1996-2000 Fernando Henrique Cardoso (neoliberalism). 1998 National Parliament. October, 2002 – Official Resolution. 2004 –Inter-American Congress of Public Relations/CONFERP International Congress. Evolution of the legislation:  Evolution of the legislation First country in the world with such law. ABRP promoted the need for legal status. 1965 presented law project to the Chamber of Deputies. 1967 enactment of the law. 1968 specific regulations, including regulatory body. 1971 creation of CONFERP and the CONRERP system (8 councils). Law of 1967:  Law of 1967 To obtain a registration: University graduates from Brazil or similar foreign programs. Two years as a practitioner. Active members of ABRP. Difficulty to keep up with growth :  Difficulty to keep up with growth Many communication and business programs. Small communication bureaus or agencies with emphasis on marketing. Many terms for the function. Major crisis in the 1980s. Business people lacked knowledge of public relations and were fascinated with TQM, ISO, Total Marketing, Endomarketing, Relationship Marketing, Media Relations Counseling, etc. 1998-2000 Revised Legislation:  1998-2000 Revised Legislation Movement to kill the 1967 law. Many professionals from other areas practicing public relations illegally. 1992-1997 research / discussions. 1998 National Parliament to analyze trends and need for a revised law. National meetings and consultations. 2002 revised law made official: expanded definitions, practices, included terms, and MERCOSUR/MERCOSUL professionals. Ahead: legal disputes with journalists. Research in Brazil, 2001 (*):  Research in Brazil, 2001 (*) 148 completed questionnaires. 30% response rate. 76% female. 63% graduate degree. 66% occupied highest position. Participants: agencies (21%), service industry (12%), government (12%), consultants and independent practitioners (18%). (*) Molleda & Athaydes, 2003, Public Relations Review, 29 Views on Licensing:  Views on Licensing Participants agreed: licensing benefits clients & organizations. Should be maintained. Participants were not totally convinced: licensing legitimizes the profession, enhances its reputation, benefits practitioners, makes it difficult for other people to practice public relations illegally (lowest rating). Nevertheless, people who occupied the highest positions are slightly more positive on this issue. Older practitioners and those with more experience and education seemed to think as those with the highest positions. Qualitative results: 76 responses:  Qualitative results: 76 responses Major concern: Practice of public relations by people without license or proper education. Regulation is seen as necessary, yet they were concerned: enforcement and contribution to professional legitimacy. Positive comments:  Positive comments Guard against encroachment. Support for control and penalization. Diffusion and interpretation of the law to clarify definition and scope of action. Gives value of professionals by enhancing credibility. Mixed positive/negative comments:  Mixed positive/negative comments Satisfied with federal and professional councils, but acknowledge the need for promotion. Has achieved progress, remaining a lot to be done for the profession to occupy the right place in the job market. Law is clear, but people violate it without punishment. The councils don’t have enough resources to attend countless complaints. Negative views:  Negative views Lack of recognition of public relations as a strategic function, requiring immense promotional efforts. Other names for public relations to evade regulation. Licensing alone won’t guarantee a good reputation or practitioners’ credibility. Instead, excellent performance is the key. Disunion among professionals and established associations, poor quality of services, low job fees don’t help either. Participants agreed in several points:  Participants agreed in several points Need for better enforcement and control. Need for increased diffusion of the profession’s definition. Need for academic advancement among practitioners to help with credibility and acceptance. Councils need to improve organization, governance and performance. Establish partnerships with other institutions and represent the professionals in public events more often. NIPR Law:  NIPR Law Nigeria Nigeria: The NIPR Law (*) :  Nigeria: The NIPR Law (*) Practitioners lobbied for a law to recognize the public relations profession like accounting, banking, etc. 1990: Nigerian Institute of Public Relations Practitioners Decree No. 19 enacted by the military regime establishing NIPR as a “regulatory body” charged with among other duties: Determining standards of qualifications to be attained in order to become a registered public relations practitioner. Maintaining a register of practitioners. Making rules regarding professional conduct. Reviewing the rules/standards from time to time (Section 1, subsection 1a). (*) Slides 17-27 prepared by Abubakar Alhassan, doctoral student, University of Florida—co-investigator and co-author of a conference paper on the NIPR Law submitted to the 2005 International Communication Association’s conference. Legal requirements for registration as public relations practitioner in Nigeria:  Legal requirements for registration as public relations practitioner in Nigeria Diploma (Associate) or Bachelors degree in mass communications or public relations OR Passing the NIPR professional examinations. It is an offence to practice without registration. Punishment ranges from fine to imprisonment or both. NIPR has enacted a bylaw requiring 10 years experience for anyone to head a public relations consultancy firm. Other regulations affecting public relations practice in Nigeria:  Other regulations affecting public relations practice in Nigeria Banks and Other Financial Institutions Decree (BOFID) is strict on bank advertising and requires examination of bank’s publicity materials by the Central Bank. Investment and Securities Act prohibits and punishes any “untrue statement of material fact” in securities exchange and capital market. National Insurance Commission Decree also penalizes “Misleading Statements” in any insurance transaction. Tobacco and Drug Advertising are also regulated. Public Relations registration issues in Nigeria:  Public Relations registration issues in Nigeria Prevalence of quacks/unregistered practitioners. Different titles for public relations practitioners. The registration process. Consequences of the legislation. Research on public relations registration in Nigeria:  Research on public relations registration in Nigeria Interviewed eleven experienced practitioners. Working experience ranges from 6-30 years. All hold BA or equivalent (Many have Masters). Many had journalism experience. A professor, three government practitioners, two consultants, and rest were in the banking or oil industry; two were females. Time varied from 45 minutes to 1hr 30 minutes. Finding 1: Quacks/unregistered practitioners :  Finding 1: Quacks/unregistered practitioners Many practitioners said they know that many quacks are into public relations practice without registration contrary to the NIPR law. But noted that not all unregistered practitioners are quacks. Quacks (and unethical practices) have given the profession a bad reputation—some equate public relations with offering bribes to the media, etc. Finding 2: Different titles for public relations practitioners:  Finding 2: Different titles for public relations practitioners Most practitioners thing titles do not matter: they only indicate the emphasis of the practitioners duty, e.g. press secretaries are largely involved with media relations; whereas corporate affairs managers are mostly concerned with investor relations. As one of them stated: “It is just a matter of nomenclature. Within the environment in Nigeria, everybody understands that whether somebody is called a corporate affairs officer or manager, or a press secretary, or public relations manager, or public affairs manager, it refers to one and the same thing, that is the man in charge of communications” (Telephone interview, April 2004). Finding 3: Registration process is inefficient:  Finding 3: Registration process is inefficient Most of those interviewed think the registration process is very bureaucratic; but only two think the process also results in corruption. One of them lamented that: “…and the system of registration is so cumbersome that it takes away the interest of practitioners and [other] people who would like to register with the institute” (Telephone interview, April 2004). Many suggested decentralization and better funding by the government. Finding 4: Registration has many advantages:  Finding 4: Registration has many advantages Practitioners interviewed said the NIPR law has many benefits, as one noted: “has elevated it [public relations] to a practice that has been duly sanctioned by the federal government of Nigeria, it has been made possible for people realize that yes the government takes the practice of public relations seriously just like it has taken other professions such as law, accounting, architecture, engineering, and so on” (Telephone interview, April 2004). Finding 4: Registration has many advantages:  Finding 4: Registration has many advantages Another practitioner pointed out the prestige derived from being a member thus: “because…there are people who revere titles so by the time [after my name there is] MNIPR, i.e. …when people see my card or I present myself to people there is this kind of respect they know that I am a professional because title is very, very important in Africa…whether it is in prefix or suffix. Even the people you work with they realize that you are not just there to clear their mess but you are there as a professional…” (Telephone interview, April 2004). Future of public relations in Nigeria:  Future of public relations in Nigeria Time to review the NIPR law. Enhance public relations education in Nigeria. Recognize achievements of public relations professionals. Government should do the right thing. Panama:  Panama Public relations law in Panama:  Public relations law in Panama Second Latin American country with an enacted public relations decree. Law 37 was passed during the de facto government of General Omar Torrijos-Herrera on October 22, 1980. Evolution of professional associations:  Evolution of professional associations Panamanian Association of Public Relations, 1958. Golden era (1970s-1980s), strong APPRP & School of Public Relations, College of Social Communication, University of Panamá. Soon after the U.S. invasion of Panamá in 1989, the association decayed because its leaders and members were terminated from the public or private organizations. 1995, birth of the Guild of Public Relations Practitioners of Panamá (COREPPA—Colegio de Relacionistas de Panamá). In 1996, COREPPA achieved legal status. Reforms of the public relations law:  Reforms of the public relations law Since 1999, the promotion of and debates on project law 91 is carried out through a series of conferences in different locations of the country. The Legislative Assembly received the proposed law on October 16, 2000, which significantly expands the core activities of public relations. As of today, the proposed legislation has not reached the discussion stage. Interviews with top-level Panamanian professionals, Summer 2004:  Interviews with top-level Panamanian professionals, Summer 2004 13 participants (9 females, 4 males). Average years of experience: 13 years, ranging from 2 to 40 years. Management responsibilities: 9 (full), 3 (some), 1 (none). Representing domestic and international agency, trade association, domestic NGO, international nonprofit, independent consultancy, government, public administration, and private sector. Average length of the interview: 1 hour. Overall findings:  Overall findings All were aware of the law but not its details. Only half was aware of updated law but either knew details or reasons for its promotion. The majority thought the situation would have been worse without the law. The majority believed the law should be maintained, yet with revisions, more engagement of professionals, promotion and improved enforcement. The most senior professionals strongly disagree with the last two aspects. University of Panama alumni strongest supporters. Overall findings:  Overall findings The law could be passed in a democratic regime with more discussion and reaching the consensus of the professional community. Nonetheless, the updated law is frozen and, according to senior professionals, won’t pass (they call the Communication Commission to stop it). The Public Relations Guild doesn’t represent the professional community. Journalists are better organized and represented. Senior professionals face aggressive competition. Junior professionals see their field invaded by practitioners with various education background. Overall findings:  Overall findings Certification process: considered bureaucratic and inefficient. Employers are not aware of the law or the need for certification. Agency representatives are against such certification: the client wants the best! Political influence is needed to reinvigorate the law and the Guild (Colegio). Overall findings:  Overall findings Different terms make enforcement difficult, yet they all refer to public relations. Recognition and legitimacy could be achieved if law is promoted, certification streamlined, and enforcement done. Benefits for the professional (less encroachment), for organizations (employees/managers with credentials), for the public (more honest and open communication, and organizations-publics relationships). Conclusions and my views:  Conclusions and my views Public relations registration, licensing, certification is difficult to achieve when: Integrated communication practices are prevalent. A critical body of knowledge hasn’t been achieved. Professionals come from a variety of education background. The professional community is fragmented and disengaged. University programs are non-existent or limited. Political and economic systems are inspired by open market and liberal/neo-liberal ideologies. Freedom of expression is a constitutional right. Lack of global standards for public relations practices, education, accreditation, ethics, hard/soft regulations, etc. Conclusions and my views:  Conclusions and my views Public relations registration, licensing, certification is possible to achieve when: Control and enforcement mechanisms are clear and efficient. Awareness and knowledge of the law is high among business and government leaders. Governance and accountability of the regulatory body guaranteed. Regulatory body promotes continuing education/training and offer additional accreditation(s). Scholars and professionals constantly interact and work together. Exchange of ideas among countries with such legislation or considering legislation. Conclusions and my views:  Conclusions and my views Public relations registration, licensing, certification is possible to achieve when: Control and enforcement mechanisms are clear and efficient. Awareness and knowledge of the law is high among business and government leaders. Governance and accountability of the regulatory body guaranteed. Regulatory body promotes continuing education/training and offer additional accreditation(s). Scholars and professionals constantly interact and work together. Exchange of ideas among countries with such legislation or considering legislation. To regulate or not to regulate: The cases of Brazil, Panama & Nigeria.:  To regulate or not to regulate: The cases of Brazil, Panama & Nigeria. Juan-Carlos Molleda, Ph.D. Vice Chair-PRSA Global Initiatives Advisory Board Assistant Professor-University of Florida

Add a comment

Related presentations