Do You Know Your Rights? Public Relations and the Law


Yes, I also used to have nightmares about lawyers. But don’t worry, they’re a friendly bunch, especially if you work agency-side.

The law! These are the two words that’ll send most PR practitioners running into the distance and over the horizon. Public relations practitioners aren’t always savvy about their legal rights, or what local legislation means for how they (or their clients) operate.

It was a refreshing change to see this issue tackled at this year’s PR Pressure conference. Organized by Secret PR and now held for a second year, the event included a panel of legal minds who were willing to tackle everything from intellectual property (including pitches), to social media and influencers and chasing debts.

I’m going to summarize some of the key points made by the speakers – Cedar White Bradley Group’s Fatema Fathnezad, Norton Rose Fulbright’s Dino Wilkinson, Al Tamimi’s Fiona Robertson, Lincoln Legal Consultants’ Nasir Ilyas and Rafi Yachou from – on a number of areas which are, or should be, of concern to communicators.

Getting Your Contract Right

As Fiona Robertson clearly pointed out, much of what goes wrong legally starts with the contract. Be as precise as possible in terms of deliverables, avoid jargon, and ensure that you understand what recourse you have to legal help in the jurisdiction under which the contract is applicable. You’ll end up spending much less on a good contract than on any legal dispute (up to a tenth according to Robertson), so ensure that the contract is watertight and clear to all parties.

Who owns the Intellectual Property (and pitches)

We work in a content industry, and yet so little of what we do with content is understood within a legal framework. For example, do you ask for consent from those people that your photographer is taking pictures of? Are you clear on when and where content which you have purchased usage rights for can be used? And what happens when your content is misused, such as after a pitch?

Fatema Fathnezad suggested that agencies trademark their logo and services, and include these trademarks on all materials. In addition, before and after a pitch agencies need to communicate in writing that the material being presented is under copyright and that as such the execution of these concepts cannot be undertaken without the agency’s permission and compensation being paid. Remember that you cannot legally own an idea, but you can copyright and protect the execution of that idea.

Social Media and Influencers

This one may be common sense, but the first thing that agencies and clients need to bear in mind is that they need to manage administration rights of social media accounts.

Secondly, when it comes to influencers any paid content must be considered as advertising. Dino Wilkinson pointed out that many influencers in our region are reluctant to clarify to the public when content is paid for, but as per the advertising laws there are rules which must be followed by both brands and influencers (you can see them here).

Like many other jurisdictions around the world, there’s not as much legislation around influencers as they should be (for example, do they need to have a business license to operate). Both Dino and Fiona spoke of the need for agencies to have contracts in place with influencers, and for there to be background checks on the influencer – remember that these people will be representing your brand or your client, and so the proper due diligence should be done.

Chasing Payments/Debts

Some of the most interesting comments were made by Nasir Ilyas and Rafi Yachou on the issue of debts. Some of the inputs were logical – chase on payments before they’re due and reschedule payment terms if the client has issues paying. If non-payment occurs, look to resolve the situation directly but amicably. And get a lawyer involved – up to a quarter of cases are settled by a letter from a lawyer. There are dispute mechanisms available in the country, such as the DIFC Small Claims Tribunal, but these mechanisms will cost you time and money, so beware of what you’re getting yourself into.

Yachou suggested two novel agency approaches to clients – firstly, do a background risk assessment, so that you understand the history of payments both for a particular industry and a specific client. Secondly, there are insurers who will underwrite agency billing; if a client doesn’t pay, the insurer will make up the shortfall. We’re talking about billing in the millions of Dirhams here, so it’s not going to help small agencies, but it is a thought for those medium and larger sized agencies who want to hedge their risks.

Thank you to Secret PR

I want to say a big thank you to Sarah Mohamed and her Secret PR team for arranging this event, which is free to attend and which does tackle the big issues that the industry faces (other topics included the Arabic language and digital). Sarah and the team put a great amount of effort in to make this work, and it’s good to see a group of people take the initiative to educate others. Thank you Sarah!


Sarah Mohamed is the head of Secret PR and the dynamo behind the PR Pressure event (image source: Campaign Middle East)

‘Bigger, Better and Smarter’ – how the Middle East’s PR industry rates its performance & development in 2015/2016

The Benchmark survey looked at communications practice areas. The results suggest media relations will soon be replaced by social media as the top communications priority.

The Benchmark survey looked at communications practice areas. The results suggest media relations will soon be replaced by social media as the top communications priority.

Yesterday was a busy day for the PR industry in the UAE, with two events on the same day. The first, which was organized by bespoke agency Secret PR and named PR Pressure, was held in Dubai and tackled the everyday issues faced by both PR professionals and their friends in the media sector (more on this later). The second event of the day was held by the Middle East Public Relations Association in Abu Dhabi and focused on innovation.

As part of the build-up to the event, MEPRA launched the Benchmark survey. Through a self-assessment approach, the research seeks to understand where the industry is headed, what is being done well and where improvements need to be made. And with 138 responses, including from 100 in-house departments, 34 agencies and 4 senior independent consultants representing over 1,611 PR professionals across 14 Middle East countries, there’s a lot to ponder.

Firstly, let’s look at the issues thrown up by the Benchmark research. According to respondents, the nature of the public relations is changing. While media relations is still seen as the backbone of the sector, the survey’s respondents expect this to change over the course of 2016 as social media becomes more important to clients and different stakeholder groups alike. There’ll be a similar growth in areas such as influencer engagement, employee engagement, and integrated communications.

There are also major challenges to tackle in the region’s communications sector, including the need to demonstrate results and show a return on investment. And then there’s the money issue; it’s clear that falling oil prices and subsequent slowing in the region’s economy is beginning to bite. In 2016, two out of three respondents see investment in PR staying the same or growing, down from 87.0 per cent in 2015. Similarly, the proportion of people who see budgets falling has more than doubled (13.0 per cent in 2015, up to 34.0 per cent in 2016). There does seem to be a silver lining however when it comes to budgets; one in six respondents expect budget growth of more than 20 per cent in 2016.

A fifth of respondents claimed they were world class. Would you agree?

A fifth of respondents claimed they were world class. Would you agree?

When it comes to performance some in the region’s PR sector clearly don’t lack for confidence – a fifth of in-house departments and agencies regard themselves as ‘world class’ (those scoring themselves an average of more than 7.0/10 for both practice and performance, across 12 elements of communications, were rated as ‘world class’). Despite this, there’s clearly a need to improve in terms of doing things differently; scores on the area of innovation were the lowest recorded by the survey. Responses were low (a rating of 2.31 out of 5) for the statement: ‘The PR industry in the Middle East is more innovative than the industry in other regions’ in 2015. Similarly, the statement: ‘Middle East campaigns are not afraid to ‘disrupt’ – to ignore established convention – to stand out and achieve results’ in 2015 was rated as low with a score of 2.49/5.0. This may change in 2016, as 12.6% more respondents expect the industry to become innovative.

Based on the survey results, another area which the industry has to get right is its hiring and retention practices, especially when it comes to attracting graduates, particularly locals. Talent acquisition scored 5.26 out of ten, and staff retention 5.16 out of 10. Graduate recruitment and attracting local talent were even lower, at 4.58 and 4.32 respectively.

Research is one thing, experiences are another. During the PR Pressure event there were strong emotions expressed on the issues of media relations, ethics and talent (check out the hashtag #PRPressure for all of the posts on the event). It was clear from those media who were present and talking about their own interactions with the PR industry that we still have a long way to go if we’re going to become ‘world class’. Similarly, unless we get talent issues right, including a focus on training, development and certification (which is a major failing as far as I’m concerned), then whatever progress we make will be unsustainable. If the industry keeps on bringing expats in to do a job at every level, it’s going to fail in engaging with local audiences (there’s also the issue of forced localization, which I’ll blog about at a later date).

While the industry may feel that it’s moving in the right direction (and in many areas it is), maybe it’s time for a more honest glimpse into the looking glass, to start addressing key areas of what we do and how we do it. I desperately want to believe that we’re ‘bigger, better and smarter’, but while my heart feels one emotion my head thinks something else. I for one am looking forward to next year’s MEPRA Benchmark. And if you want to play your part and fill in the survey, get in touch with MEPRA.