Social Media and Professional School Counselors: Ethical and Legal Considerations

The use of social media continues to expand in prevalence and is a medium of communication for individuals of all ages. Schools are using social media to engage their stakeholders at increasing rates. Therefore, school counselors require the knowledge and appreciation of ethical and legal issues regarding the use of such technology. The purpose of this manuscript is to: (a) introduce the development and prevalence of social media; (b) review legal and ethical issues related to social media use in schools; and (c) present strategies in which school counselors can engage in ethical interactions via social media

Reporting on sexual orientation and gender identities in Kenya a study of factors that influence ethical and legal decision-making by print media journalists

The coverage of sexual minority groups like the lesbian, gay, bisexual, and transgender (LGBT) community by print media, tends to raise multiple legal and ethical questions for journalists in Kenya. This study sought to identify and explain the legal and ethical guidelines for print media journalists in Kenya, as well as the factors that influence journalists’ ethical decisions. These decisions are subject to legal restrictions, professional ethics, personal values, religious and cultural bias. This raises ethical and legal debates for journalists since a democratic society and free media – both of which are billed as cornerstones of Kenya’s constitution – uphold the voicing of personal and divergent opinions. How then do we eliminate perceived bias? The following were the objectives of the study: to establish the ethical and legal issues that emerged in the print media’s coverage of the petition by the LGBT to have sections 162 and 165 of the penal code repealed to decriminalise homosexuality in Kenya, to determine the ethical decisions and legal considerations by Kenyan print media journalists when covering LGBT topics and individuals, and to evaluate how journalists deal with ethical and legal issues that emerge when reporting on LGBT. The study adopted a mixed method approach in which both quantitative and qualitative data was collected. Because the study only sampled Nairobi- based court reporters and editors, a random sample of 25 journalists was drawn from the four mainstream newspapers in Kenya and the weekly The Nairobian. Quantitative data was collected using a semi-structured questionnaire, that was administered to 25 journalists, while qualitative data was collected through interviews with three key informants The findings of the study indicate that objectivity, fair coverage, religious bias, cultural bias, and personal bias are the main ethical issues that emerged during the coverage of the LGBT case. The legal issues that emerged in the coverage of the case were the right to privacy, human rights and dignity, discrimination, coverage of an issue that is illegal, seeking of consent from LGBT subjects and exposure to defamation and libel. The journalists indicated that though they might be influenced by religious, cultural, and personal biases, they deal with emerging ethical and legal issues by referring to their in- house editorial policies, the Media Council of Kenya code of conduct and their training in media law and ethics

Sensationalism Falling Through the Cracks: Why the Legal Profession Must Broaden Ethical Standards for Legal Commentators

INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. These two different roles can have countervailing interests and values. The legal profession may demand that an attorney’s speech educate the public and promote respect for the judicial system, while the media may demand easily digestible soundbites that boost ratings. In this media context, the legal profession must consider how to best ensure that attorneys provide ethical legal commentary regarding the criminal justice system. To better demonstrate how a legal commentator can face the temptation to provide style over substance at the expense of the legal system, consider the example of Wendy Murphy. Murphy, a former prosecutor and adjunct professor at New England School of Law, became a prolific presence on television talk shows during the prosecution of multiple Duke University lacrosse players for an alleged rape. Throughout the case, Murphy provided outrageous commentary that was strongly slanted toward the prosecution. For example, over the course of several different guest appearances, Murphy referred to the defendants as rapists; speculated, without evidence, that one or more of the defendants had been molested as a child; and dismissed evidence that the defendants had good disciplinary records at school by responding that “Hitler never beat his wife either . . . So what?” Furthermore, Murphy even questioned the presumption of innocence (one of the most important tenets of U.S. criminal law) by stating, “I’m really tired of people suggesting that you’re somehow un-American if you don’t respect the presumption of innocence because you know what that sounds like to a victim? Presumption you’re a liar.” By providing headline-worthy but legally-deficient commentary, Murphy’s behavior epitomizes why the legal profession needs to confront the ethical issues that attorneys face when speaking in the media. The American Bar Association (“ABA”) addressed the issue of legal commentary ethics in 2013 when it adopted its first-ever criminal justice ethical standards for legal commentators (the “2013 Standards”). The 2013 Standards provide ethical guidance to legal commentators by explaining how a commentator can become competent to provide commentary on a given case, what conflicts a commentator should disclose, and what types of comments a commentator should avoid making. However, the 2013 Standards do not go far enough and could benefit from certain clarifications. First, the 2013 Standards do not define “legal commentator,” leaving room for interpretation as to what types of attorneys qualify as commentators. Second, the 2013 Standards limit what statements qualify as commentary, excluding certain types of statements that could nevertheless cause harm to individuals, the public, and the legal system generally. Third, the 2013 Standards do not encourage commentators to avoid inflicting unnecessary reputational harm on individuals involved in criminal litigation (such as defendants or subjects of investigation), despite the great damage that such commentary can cause. Voluntary standards should broadly construe who qualifies as a legal commentator and what qualifies as legal commentary, and such standards should address the dangers of unnecessary reputational harm caused by legal commentary. Part I of this Note will explore the media’s impact on the criminal justice system, explain what makes legal commentators different from other journalists, and discuss the history of regulation of legal commentators. Part II will discuss how voluntary codes have, and have not, addressed who qualifies as legal commentators, what qualifies as legal commentary, and what should be done about the risks of causing unnecessary reputational harm. Part III will explain why expanding the reach of voluntary standards is important. It will propose that the ABA apply its new ethical standards for legal commentators more broadly by adding an inclusive definition of legal commentator and applying the standards to all legal analysis provided by a commentator. Part III will also suggest that voluntary standards should encourage commentators to avoid causing reputational harm when their commentary has no countervailing educational purpose, and that the ABA add such language to its standards. Part IV concludes

Social Media Marketing for the Medical Industry: Best Practices to Avoid Legal and Ethical Issues

This study analyzes the best social media practices for medical industry professionals and the proper and ideal uses for social media. It analyzes the public relations functions of social media—relationship building, reputation management, and crisis communication. With the constant rise of social media as a widely-used medium for marketing comes increased potential for damage to a medical business’ reputation, loss of medical licensing, or lawsuits if practitioners do not act within the lines of legal and ethical standards. Medical offices must have an online presence to remain relevant and build and keep relationships with new and current patients. This study investigates the most common areas that get medical industry professionals in trouble along with the proper tactics to avoid any legal or ethical issues with their social media usage

Ethical issues in the provision of online mental health services

A number of ethical and legal implications of on-line therapy [e-Therapy] are examined. e-Therapy is defined and its strengths and weaknesses listed. Specific ethical issues addressed include boundaries of competence, basis in science, avoidance of harm, confidentiality, avoidance of false or deceptive statements, media presentations, testimonials, solicitation of clients, fees and informed consent. Legal issues are discussed including the issue of interstate eTherapy. As a necessary measure to protect the public, the profession and the practitioner, it is recommended that federal legislation be enacted, informed by the American Psychological Association based upon APA\u27s review of other disciplines’ (e.g., medicine) e-Practice standards

What Measures Can Government Institutions in Germany Take Against Digital Disinformation? A Systematic Literature Review and Ethical-Legal Discussion

Disinformation campaigns spread rapidly through social media and can cause serious harm, especially in crisis situations, ranging from confusion about how to act to a loss of trust in government institutions. Therefore, the prevention of digital disinformation campaigns represents an important research topic. However, previous research in the field of information systems focused on the technical possibilities to detect and combat disinformation, while ethical and legal perspectives have been neglected so far. In this article, we synthesize previous information systems literature on disinformation prevention measures and discuss these measures from an ethical and legal perspective. We conclude by proposing questions for future research on the prevention of disinformation campaigns from an IS, ethical, and legal perspective. In doing so, we contribute to a balanced discussion on the prevention of digital disinformation campaigns that equally considers technical, ethical, and legal issues, and encourage increased interdisciplinary collaboration in future research

Towards a social media research methodology: Defining approaches and ethical concerns

Social media research and suitable methodologies and ethical approaches for analysing social media data are still emerging. This paper presents a methodology for projects using social media data alongside consideration of ethics within the social media analysis context. Earlier stages of the methodology will be expanded to develop a strategy for examining ethics alongside consideration of the relevant analysis techniques that may be employed. This will provide a comprehensive methodology that will provide a springboard for the clear and ethically sound scrutiny of social media data. We aim to present the challenges of using social media data, while the inclusion of ethical and legal aspects in this paper aim to draw researchers' attention to the peculiarity issues involved with dealing with social media data

Technology in Legal Practice: Keeping Ethical Obligations in Mind

(Excerpt) The use of technology in the legal profession is ubiquitous, expanding, and ever changing. Lawyers connect with their clients, co-workers, and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article explores how commonly used technology in legal practice implicates these ethical obligations, in particular, the duties of competence and confidentiality, and takes into account the constantly evolving guidance on these very important issues

From Models to Mannequins: The Oxymoronic Equation of International Labor Law Standards in the World of Fashion

Fashion law is an emerging field that addresses the legal issues that arise in the fashion industry. With the rapid growth and globalization of the fashion industry, there is an increasing need for specialized legal guidance in this area. Fashion law encompasses a wide range of legal issues, including intellectual property, contract law, employment law, international trade law, and environmental law. One of the main drivers behind the need for fashion law is the rise of counterfeiting and intellectual property theft in the fashion industry. With the proliferation of ecommerce and social media, it has become easier than ever for counterfeiters to produce and sell fake designer goods. Fashion law provides legal protections for designers, brands, and manufacturers to safeguard their intellectual property rights and prevent infringement. Moreover, the fashion industry has a significant impact on the environment, with issues such as textile waste, carbon emissions, and ethical sourcing of materials. Fashion law can play a crucial role in ensuring that fashion companies comply with environmental regulations and ethical standards. Interestingly, fashion models comprise a group of working professionals that do not have any laws dealing with the specific issues that they are faced with on account of their profession. This Article discusses the various reasons why there is a need for fashion law

Challenges of using Twitter as a data source: An overview of current resources

There are specific challenges to using social media data in academic research, and in particular Twitter data, including ethical, legal and methodological issues. Wasim Ahmed builds on his previous work on acquiring Twitter data and offers a list of some of the challenges researchers may face. He also provides plenty of links to resources for social scientists looking to explore these challenges further