Comparison and Contrast of Communication Case Studies

This report provides a comparative analysis of two communication case studies: the Bill Cosby meme disaster and the Joe Hockey defamation case. The Bill Cosby case examines the failure of a public relations strategy utilizing social media in response to accusations of sexual misconduct, highlighting the negative impact of poorly timed and executed campaigns and the legal implications of defamation. The Joe Hockey case analyzes a defamation lawsuit against a media outlet, focusing on the legal and financial challenges of such cases, the importance of proving defamatory statements, and the application of defamation law. The report explores key concepts such as public relations, corporate communication, defamation law, trademark and copyright, and invasion of privacy, while comparing the strategies, outcomes, and legal considerations of each case. The report emphasizes the importance of legal compliance and responsible communication practices. Both cases serve as examples of how public perception, social media, and legal frameworks intersect, providing valuable insights into effective and responsible communication strategies in the face of reputational challenges.

Compare & contrast 2 case
studies in communication

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CASE STUDY 1.....................................................................................................................1
CASE STUDY 2.....................................................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................8

INTRODUCTION
Communication is defined to the process of conveying one's feeling and opinions to other
party (Watzlawick, Bavelas and Jackson, 2011). It can be carried out through written, spoken and
other mediums as well as emphasis is on the transfer of information from one party to another. It
has been a crucial component of business corporations as it helps in uplifting the image of self or
of institutions (Castells, 2013). This assignment aims to understand and compare between two
case studies of Bill Cosby and Joe Hockey relating to defamation law.
MAIN BODY
Public relation refers to the channel through which large organisations communicate with
the local people and manage manner in which they are perceived by their customers (Grunig,
2013). PR has become an integral part of the organisation as it is helpful in maintaining a
favourable image in the community. Corporate communication is carried out with the help of
press releases and social media platforms. Company has formed a separate department that is
responsible for creating a favourable image and making efforts to strengthen the relationship
between organisation and its customers. The World Wide Web plays a crucial role in present
business environment due to its reach and convenience to businesses. This not only helps a
business but can be employed by an individual in sharing his opinions and views about a certain
matter (Hendrix, Hayes and Kumar, 2012).
CASE STUDY 1
The first case study which is undertaken to facilitate understanding on Public relations as
a channel of communication is Bill Cosby Meme disaster. The PR team is not only employed by
large business corporations but also utilised by television celebrities. The celebrities are in habits
to get involved in the things which do not relate to area of functionality. Bill Cosby being star
actor and comedian have been charged with lawsuit directing towards rape, sexual misconduct
and harassment. In the year 2014, public relations team opted for a social media medium to
cover the allegations and reconstruct a positive image to its followers.
During that time, social media platforms were experiencing a major evolution as the
#hashtag and meme trend was introduced. PR team of Bill Cosby was first to avail this
opportunity and to capitalise on the same. It does not take time to realise that social media tactic
failed miserably and meme was directing towards the sexual and rape allegations rather than
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forming a positive image on reconnection between him and his supporters. The publicist and
public relations soon after committing the blunder went underground and did not respond to the
journalists or reporters. During that scenario, it was one of the most talked about blunders which
are being carried out by public relations team. This effort was aimed to engage people on
'Twitter' in a light hearted project to suppress the talks of allegations and distract people from the
major issue. It was realised that the timing was inaccurate as all jokes were emphasising on
allegation and fuelled them to a high extent. Such PR project can be considered worse for the
image of Star comedian as it questioned his work and integrity.
It all began in year 2014 when Bill posted a picture of himself telling people to create
memes on the same. The meme generator was posted on the site and soon after removed. The 4
million followers of this star comedian were on a dilemma regarding this post. #Cosbymemetag
flooded the social networking platforms but not in the manner which is desired by the public
relation team of the star comedian. Since, then it has become a major example of failure of social
media platforms.
But all those claims are yet to be proven true. They are alleged claims which lacks any
truth behind the same. There can be no denying in the fact that Bill Cosby carried a reputation
which has been put under scrutiny only due to these not yet approved cases of rape and sexual
misconduct (Bill Cosby defamation case will not be reheard,2018). The only mistake which was
committed by this comedian is the delay in response or thinking that it will be suppressed with
time. The legal team of Bill Cosby is moving to the court stating that image of once America's
dad is misinterpreted and defamed. The tally have now reached to 40 women who all are giving
same statement that they were drugged and sexually assaulted. Although, all these allegations are
denied by the comedian himself and at a gradual rate moving to court to fight these charges of
rape and sexual harassment. There is no denying in the fact that public image of Bill have been
affected in worst possible manner bringing his lifelong carrier under questions of integrity. The
New York magazine had launched a cover depicting Bill along with 35 of the women who have
filed lawsuits against him. The lead to defamation case filed by women as Bill have denied all
charges of misconduct under oath.
For an unknown, Defamation case is a law which is formed to protect reputation of an
individual in the eyes of concerned authority. The denying of allegation have impacted on
reputation of these women as they are perceived to be someone who would take up such
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endeavour just to get attention and get paid by actor/ comedian himself. It is an expensive
approach and most of the cases don't even get to court (Bill Cosby rape accuser’s defamation
suit tossed by federal appeals court, 2017). It has turned out to be the major cause which leads to
despising or avoiding a person. The recent Australian Act aims to address these proceedings
within a year and damages are capped around $250,000.
CASE STUDY 2
The second case study which is undertaken for the purpose of comparison is the
defamation case which is filed by the Federal Treasurer's against Fairfax limited. Joe Hockey
was a member of parliament and have taken help from federal court while fighting a defamation
case against Fairfax Ltd. This defamation case was referred to as 'unmitigated disaster' as the
lawyers of Joe Hockey failed to prove that newspapers articles were defamatory. This all began
when newspaper daily accused then national treasurer's of corruption. The amount which was
charged for the private fund raising party led to harm reputation of the Treasury without backed
by the genuine proof. Along with front page headline, tweets have been released stating the same
content over social media platforms.
This defamation lawsuit assisted in ascertaining that this legislation is for the wealthy and
resourceful parties as it involves heavy expenditures. This makes it clear that ordinary people are
discouraged to file defamation case in the first place. The major criticism of defamation lawsuit
in case of Australia is that it is lengthy and expensive approach (Joe Hockey v Fairfax case
highlights costs and risks of defamation litigation, 2015). Defamation case of Joe Hockey help in
identifying major costs that are involved in this process. There was a lot of struggle being carried
out by both the parties to prove each other wrong. But after a while the tweets by the national
Herald and The Age were proven unrealistic.
Finally after a long of struggle and heavy finances, The court confirmed that tweets
published by media house were defamatory hampered the image of the politician as he was a
person with integrity. In relation to the newspaper publishing he was awarded with $120,000
which was a lot lesser than the amount he had incurred to fight this case (Joe Hockey wins
$200,000 defamation suit against Fairfax, 2015). The judge had said that there is no proof which
relates Mr Hockey to a corrupt conduct. The chargeable amount of $22,000 have actually been
donated to the party funds. This partial win which have been availed by Joe Hockey failed to
cover the costs which he have incurred in fighting this lawsuit.
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Importance of Legal Considerations
It is essential that legal practitioners comply with law formulated by the constitution of
the country. They should be possessed with working knowledge in an better manner so that they
are countered ideally. The various common legal issues which are dealt by a public relations
professional is as follows:
Defamation: these are referred to protect someone's reputation. This legal consideration
arises when someone attacks a reputation in an unfair manner with supporting with adequate
proof (Parkes and et al., 2015). If a person comes across a defamatory statement against him he
can ask the publisher to take down the content from uploaded platform along with an official
apology. A person entering into defamation lawsuit must know it beforehand that this legal
framework is complex and expensive therefore a person must contact a lawyer. The defamatory
statement can be carried out through written and oral statements. The oral defamation is called as
Slander and when defamation are carried through written mediums it goes by the name of Libel.
A person have to contain sufficient data before alligating someone as it contains major emotional
and psychological damage to concerned person.
Referring to the case study of Bill Cosby, a women filed named as Katherine McKee
have charged comedian against defamation lawsuit claiming that he raped her several times
decades ago. The added that he carried out personal attack aiming to cause harm to her. But this
allegation was tossed by the court stating that it is protected first Amendment and lacked
sufficient proof. The another case study of Joe Hockey have filed a case against media publishers
over defamatory tweets and publications. The use of slander is carried out in this lawsuit as it
was conveyed through written mediums. After a struggle, the court have finally accused media
publishers of tarnishing the image of the Treasurer's and asked to take down all the content and
pay a fine of $200,000 to him.
Trademark and Copyright: Trademark and copyright have been other legal consideration
which are to be emphasised by PR practitioners. This law grants an individual with rights of
ownership over a creation. A rights of ownership can only be exercised when creation of a
person is registered with the concerned authority. A person can fairly utilise the registered
content with the adequate permission of the person for commercial and non-commercial
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purposes. Whereas trademark regulates the use of logos, slogans and mascots which are
registered with concerned authorities.
The another feature relating to the case study is that there was a release of the a
documentary by the name of Fall of American Icon to which BBC have been charged with
copyright infringement lawsuit as they used the name of actor along with shows in which he
have worked. Comparing with the case study of Joe Hockey, the media houses carry a copyright
over their public releases which states that they are sole creator of the content and possess a right
over that content. The newspapers and tweets directly pointed to the treasurer's therefore they are
held liable for the content and have to pay penalty as they have attempted to harm reputation of
the Minister. In above mentioned case studies it can be seen that the use of name and picture of
an individual leads to copyright infringement lawsuits which ultimately connected to Australian
law of defamation. The creator of the content is deliberating making an attempt to harm the
integrity and make him suffer from physical and mental harm.
Invasion of privacy: It is referred to as intrusion in the life of a person without a legal
and fair cause. If a person believes that his personal space have been invaded he can file a
lawsuit referring to invasion of privacy of an individual. Life of celebrities are always under the
scrutiny of public and all the activities which are carried out by them are considered newsworthy.
Similar is the case with politician and comedian which can be related to the present undertaken
case studies. Andre Constand is one of the person who claimed that Cosby had invaded her
private life and have assaulted in numerous ways. The Bill himself have applied for insurance
which covers invasion of privacy along with emotional distress. He have claimed that certain
parties have tried to gather information by the comedian in a secret and unethical manner. The
another components of the privacy law states that commercial use of image or name is
punishable under this law. In both the case studies it have been seen that image and name of Bill
Cosby have been used at commercial level through allegations which are yet to be proven. The
case study of Joe Hockey states us that media houses cannot invade personal privacy of an
individual to collect information. The data published have been availed in an unethical manner
and harming the integrity of the treasurer's which have led to this defamation case. The
organising a private fund raiser is a personal affair and news-publisher should have preserved
the right to privacy of an individual.
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Data Preservation: Data preservation law in public relation manage the activities as long
as necessary to continue the access of materials of digital. Data preservation means that all the
required actions maintain a material of digital beyond the limit of failure of media or the changes
in technology. Long term preservation in public relations defines the ability as it provides the
continues access in a materials of digital or information contained on them indefinitely.
Agency of each business or corporation makes public relation has a lots of metadata
amount stored in their servers and computers. As it is not necessary in the law of U.S. Governing
a retention of material it is important to understand what are the current conditions in place
outlines in 1986 ECPA (Electronic communications private act) and protection our children act
in 2008. it is very important to keep the information of potential amendments that can change or
not allowed. This is very important mainly in the public relation counsel.
Referring to the case study of Bill Cosby, it is necessary to preserve the data which is to
be kept confidential. A PR professional may not use any data which have been ascertained by
him through illegitimate manner (Tough Situations: Making Ethically Sound Decisions in Public
Relations, 2016). Any disclosure of such information is punishable under the court of law.
Referring to another case study in which Joe hockey was referred to as corrupt politician by a
newspaper daily. The fundraiser which was organised by treasurer's was for a purpose of raising
funds for the party. He is entitled to preserve the data and does not require to disclose
information about that gala. A court or the opposition cannot persuade party to give out
information which he wishes to withheld. If it is disclosed in the court, he can plead to court to
maintain secrecy on matter and any person responsible for leaking information is punishable
under the law.
Therefore it is evident that a Public Relations officer must comply with legislation which
have been enacted by the government of the country. However a PR professional works amongst
general public which is way less forgiving then the court of law. The communication which are
to be carried out in effective and ethical manner. The legal system of the country focuses on
governing clients such as Bill Cosby in numerous manner which makes it essential for publicist
to possess all the right information revolves are public relations management. This will further
help in development of a plan which is faster and sustainable for the client.
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CONCLUSION
It can be concluded from the above report that communication is vital tool in respect to a
business and an individual. It is necessary that an individual must assess and utilise it in an ideal
manner. The PR of the Bill Cosby have opted for this tool to cover the drama involving
allegations of sexual harassment and misconduct but it misfired to significant extent. Therefore a
PR Director while managing such a circumstance have to possess full knowledge of legislation
so that circumstance can be handled in a better manner. Referring to the case study of Joe
Hockey a PR officer have to fight hard to preserve the image of the of Treasurer's in the country.
The similarity between these two defamatory case studies is that social media platforms have
been utilised for their specified purpose. But representatives of news publishers should have
evaluated repercussion of opting to use slander without being backed by a proof. Considering
both the case studies a Public relation officer have to ensure that while managing a situation legal
factors are paid enough attention.
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REFERENCES
Books and Journal
Watzlawick, P., Bavelas, J.B. and Jackson, D. D., 2011. Pragmatics of human communication: A
study of interactional patterns, pathologies and paradoxes. WW Norton & Company.
Castells, M., 2013. Communication power. OUP Oxford.
Grunig, J.E. ed., 2013. Excellence in public relations and communication management.
Routledge.
Hendrix, J. A., Hayes, D. C. and Kumar, P. D., 2012. Public relations cases. Cengage Learning.
Parkes, R and et al., 2015. Gatley on libel and slander. Sweet & Maxwell.
Online
Tough Situations: Making Ethically Sound Decisions in Public Relations. 2016. [Online].
Available
through:<http://apps.prsa.org/Intelligence/Tactics/Articles/view/11628/1131/
Tough_Situations_Making_Ethically_Sound_Decisions#.WmXUOPF97Hw>.
Bill Cosby rape accuser’s defamation suit tossed by federal appeals court. 2017. [Online].
Available through:<http://www.nydailynews.com/news/national/bill-cosby-rape-
accuser-defamation-suit-tossed-appeals-court-article-1.3574252>.
Bill Cosby defamation case will not be reheard. 2018. [Online]. Available
through:<https://edge.ca/news/3943312/bill-cosby-defamation-case-will-not-be-
reheard/>.
Joe Hockey v Fairfax case highlights costs and risks of defamation litigation. 2015. [Online].
Available through: <http://www.smh.com.au/federal-politics/political-news/joe-hockey-
v-fairfax-case-highlights-costs-and-risks-of-defamation-litigation-20150722-
gii69k.html>.
Joe Hockey wins $200,000 defamation suit against Fairfax. 2015. [Online]. Available through:
<https://www.theaustralian.com.au/national-affairs/joe-hockey-wins-200000-
defamation-suit-against-fairfax/news-story/1b89e32584e99130773eb739b1cfc760>.
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