08.28.09
ISSN:1528-3836
© 2009 Jonathan Bernstein
Circulation: 5,000+
Estimated Readership: 18,000+
JUST A THOUGHT
People have a need to feel their pain.Very often pain is the beginning of a great deal of awareness. As an energy, it awakens consciousness.
Arnold Mindell
CRISIS MANAGER UNIVERSITY
When The Internet Really Crashes
By Jonathan Bernstein
How would your life change if neither you nor anyone you knew, anyone you did business with, had Internet access?
I'm predicting that your life would suddenly be limited to interactions that you could conduct in-person, locally and — in short order — only at locations which you could access by foot, bicycle or other means not requiring consumption of gasoline.
Let's look at just this one transaction - buying gasoline - as a example of how much our lives are Internet-dependent well beyond routine activities like email. Gas stations will only have a certain amount of fuel on hand and they probably can't order more without Internet access. They will only take cash for payment (and probably jack their prices way up) because their machines won't be able to approve credit cards. You'll be limited to cash on hand, because you won't be able to get more cash from an ATM when your bank's Internet-dependent system can't verify how much money you have.
In March 2007, Britain's Scotland Yard uncovered evidence that Al-Qaeda had been plotting to bring down the UK's Internet by targeting a high-security Internet hub in London. In numerous regional conflicts over the past couple of years, hackers on both sides have done their best to create partial or complete interruptions of Internet service.
For crisis communications and business continuity purposes, it's moot whether a worst-case scenario is caused by terrorists or more generic hackers . The impact on our personal and professional lives will be profound even if the disruption is as short as two days.
And few of us are ready.
It was only when the idea for this article came to me that I realized just how unprepared I am, and I'm a crisis management professional. I not only need, for example, to have food and water for a week, as I already do because I live in earthquake-prone Southern California, but I also need to have enough cash to get through a period when I can't access my bank account. I should make sure that my seldom-used bicycle stays reasonably in tune and that my non-resident loved ones and I have a backup plan for contact in the event of such a situation. As for my business, I couldn't conduct it without Internet or at least telephone access, and phone systems are heavily dependent on Internet communication and my provider — cellular and landline — may or may not have a backup plan sufficient to mitigate such a crisis.
This contingency is not one for which organizations or individuals routinely plan, but I think the time has come to change that. I am hopeful that continuity professionals have some solutions, and invite those amongst my readership to submit relevant articles. At this point, I think it's a very low probability that the Internet, globally, could be "crashed." But on a large regional or even country-wide basis, as they determined in the UK, it's a painfully realistic possibility.
When Wronged Or Defamed, Get An Immediate Correction
First in a three-part series
By Rene A. Henry
As long as I can remember I've always been told to never have an argument with someone who buys ink by the barrel. And for years, I've heard lawyers tell their clients that it is a waste of time to ask for a correction or apology from a newspaper or magazine as well as a radio or television station.
Now, because of the Internet, more than ever before it is more important to immediately correct any incorrect information that is published or broadcast. Once misinformation is published and republished, broadcast and re-broadcast, fiction quickly becomes fact. The longer the delay, the more the error will be repeated and republished on websites, blogs and in other media. With the Internet, in only a matter of seconds the reputation of an individual or company can be destroyed worldwide with the click of a computer key.
When wrong information is published or broadcast, contact the reporter or writer and ask for a correction or retraction. If you are not successful, speak to the editor or news director. The Internet is difficult to police and correct and too many individuals use it as a means to malign and defame others and then hide behind a veil of anonymity. When there is no resolve, hire a good First Amendment lawyer.
Harold Burson, founding chairman of Burson-Marsteller, one of the largest public relations firms in the world, notes that a negative article in a small newspaper or on one of the cable news programs that once reached an audience of a thousand readers or viewers, can easily become an audience of more than a million if posted on YouTube or Twitter.
"When posted on a mega-viewed website the negative message gains credibility," Burson says. "Being there implies a trusted third party endorsement; a respected outlet, in effect, vouched for the content." He adds that YouTube and Twitter are as easily accessed from Malaysia or Moscow as from Memphis or Manhattan.
"Thanks to modern technology, all a person needs to extract and use information from a false, archived article is a PC, Google, and a disposition to work someone else's old material into an article on the theory that if Big Media reported it five years ago without repercussions, it must be true," says John J. Walsh, senior counsel of Carter Ledyard and Milburn, New York.
Walsh says an injured party can ask for a correction, a retraction or an apology. "A correction by the publisher tells the public that a mistake was made and provides the correct facts," he says. "A retraction advises the public that specific statements are withdrawn, usually accompanied by an apology, or at least a statement of regret."
Professional Codes of Ethics
Most media organizations belong to professional organizations that have strong codes of ethics and almost all responsible media will correct or retract a factual error. Exceptions happen when lawyers threaten to sue for libel and where there are gray areas. The gray areas include a strong opinion or bias by the reporter or editor and this creates a disagreement and an interpretation between parties of what is wrong information.
"We will not knowingly publish anything that offends conventional rules of family-oriented decency or good taste, or anything that is defamatory," say Desmond Seales, publisher and editor-in-chief of Caribbean Net News. "This includes letters, commentaries and other opinion pieces."
Libel laws vary from state-to-state and country-to-country not only in time limitations but definition. In its Stylebook, The Associated Press says libel means injury to reputation. According to the AP, there is only one complete and unconditional defense to a civil action for libel: the facts stated are not probably true, but provably true. Unlike the U.S., where many jury awards are reduced or thrown out on appeal, libel is a very serious offense. In some countries it is a criminal offense where the writer can be sent to jail. Justice is swift in the United Kingdom and English-speaking Caribbean where courts have little tolerance for lawyers' delay tactics and judgments and awards are almost never appealed. Recently, criminal libel laws were in 17 states, Puerto Rico and the U.S. Virgin Islands. Some of the laws are now being challenged in state courts.
It's Never Too Late to Right A Wrong
While statutes of limitation on libel and defamation claims expire in most jurisdictions after one year, there should never be a time limit on righting a wrong.
"If individuals and companies believe they have been treated unfairly, they have a right to seek a correction and the journalist and the news organization has a responsibility to listen and try to resolve any differences," says Dr. Robert M. Steele, professor of journalism at DePauw University, Greencastle, Indiana. "Staff cutbacks in all media have reduced news gathering resources and regardless of an organization's institutional quality control, errors do happen. There is no foolproof system of checks and balances to catch many errors and this is compounded with deadline pressures.
"The debate between the offended party and the news organization can be more of a subjective issue of what and what is not true," Steele says. "A news organization has an obligation to be accessible, to hear and discuss concerns regarding any problems in the reporting process, and to correct a mistake regardless when it was reported." Steele not only is educating future journalists, but also teaches professionals at The Poynter Institute, St. Petersburg, Florida. [Most Media Will Admit Mistakes and Correct Them Promptly] The Society of Professional Journalists (SPJ) was founded in 1909 as Sigma Delta Chi fraternity and now has 9,000 members throughout the U.S. The organization's first code of ethics was borrowed from the American Society of Newspaper Editors in 1926. SPJ, which believes the duty of journalists is to serve the truth, wrote its own code in 1973.
"Correcting what is wrong is an open-ended concept. It doesn't include an expiration date," says Andy Schotz of Hagerstown, Maryland, chair of the SPJ's ethics committee. "Ideally and ethically, the correction should be run as soon as possible after the error is discovered or brought to the media outlet's attention," says Fred Brown of Aurora, Colorado, vice-chair of the committee.
The Radio and Television News Directors Association (RTNDA) is the world's largest professional organization exclusively serving the electronic news profession. It has more than 3,000 news directors, news associates, educators and students. RTNDA was founded in 1946 and established its code of ethics which was expanded in 2000 to include accountability. The organization is dedicated to setting standards for newsgathering and reporting in radio, television, cable and electronic media. Its first code of ethics and professional conduct has sections on public trust, truth, fairness, integrity, independence and accountability.
"Professional electronic journalists are accountable for their actions," says Barbara Cochran, president of RTNDA. "Whenever an error is made known to an organization it must be corrected. However, with the Internet, today it is almost impossible to correct and eradicate where an error might be published. Our members must operate as trustees of the public, seek the truth, report it fairly and with integrity and independence."
Next in this series: Be careful what you say, where you say it, how the Internet has defined Freedom of Speech, and differences in the way libel is treated.
Rene A. Henry is an author and columnist and lives in Seattle, Washington. His latest book, "Communicating In A Crisis," has a specific chapter on how to fight back and win. Many of his widely published commentaries are posted on his website, www.renehenry.com.
We Have Blogs!!
Bernstein Crisis Management, Inc. hosts two blogs on which you are invited to participate:
Bernstein Crisis Management Blog and
Crisis Thoughts
The former is a fairly traditional series of blog posts, at least five new ones per week, usually making points about crises in the news. The second blog, Crisis Thoughts, is...different. You have to see it to understand!
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Disaster Prep 101
Bernstein Crisis Management is pleased to present one of the most comprehensive and user-friendly family preparedness texts available today. "Disaster Prep 101." by Paul Purcell, goes above and beyond the simplistic "72-hour kit" concept and provides simple, yet detailed educational material that will drastically improve the ability of any family to respond to all manner of disasters or emergencies. This preparedness package contains over 400 pages of well-organized, original preparedness material written in an easy-to-understand, non-panic format; 80 pages of family data forms and worksheets (many of which are also useful to the employer); and a 2-CD set containing two interactive and searchable links collections for additional educational sources; all the family data forms and worksheets in softcopy format; and a complete emergency reference library of over 450 additional books and training manuals! US$59.95. Available here.
PLAIN ENGLISH DISCLOSURE
Bernstein Crisis Management, Inc. has formal or informal co-promotional and mutually beneficial business associations with a number of the services we mention periodically in this newsletter. No, we can't go into details because that's confidential, proprietary, etc. But our relationship is NOT "arm's distance" and you should know that, since we regularly write about these services as we use them for crisis and issues management or other purposes. That said, you should also know that Bernstein Crisis Management sought the relationships because its staff is convinced that these services are the best of their kind for Bernstein Crisis Management's needs and those of its clients. If you have any questions about these relationships, please contact Jonathan Bernstein, (626) 825-3838.
ABOUT THE EDITOR & PUBLISHER
Jonathan Bernstein is president of Bernstein Crisis Management, Inc., www.bernsteincrisismanagement.com, a national crisis management public relations agency providing 24/7 access to crisis response professionals. The agency engages in the full spectrum of crisis management services: crisis prevention, response, planning & training. He has been in the public relations field since 1982, following five-year stints in both military intelligence and investigative reporting. Write to jonathan@bernsteincrisismanagement.com.
GUEST AUTHORS
GUEST AUTHORS are very welcome to submit material for "Crisis Manager." There is no fee paid, but most guest authors have reported receiving business inquiries as a result of appearing in this publication. Case histories, experience-based lessons, commentary on current news events and editorial opinion are all eligible for consideration. Submission is not a guarantee of acceptance.
LINKS
When I find a site that I think will be useful to my readers or site visitors, I put it on our Links page. If you have a site that would be of specific use to crisis managers and want to discuss a link exchange or other cooperative effort, please write to me, jonathan@bernsteincrisismanagement.com.
LEGAL DISCLAIMER
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