Not - so - Fabulous Entertainment Public Relations

Being knowledgeable in legal terminology and precedents in our industry of choice is vital to maintain a successful business. This knowledge provides a laying foundation of what to expect if engaging in a legal battle.

We generally see entertainment public relations professionals in the midst of legal battles playing the role of firefighters, representing their clients as legislative public relations representatives, a sub segment of crisis management. Yet, the public relations industry, especially that related to the entertainment world, does have legal liabilities, and although not common, from time to time you'll see a public relations representative as one of the parties of a legal feud. These liabilities definitely make the industry seem less fabulous and more risky than Samantha Jone’s job in Sex and the City.

Working with public figures brings along certain legal aspects that the artist’s publicist must be aware of, such as their publicity and privacy rights. Needless to say, when artists engage in legal battles over their right of publicity and defamation, their publicists are directly involved as well.

Entertainment public relations professionals can be liable for their content they release directly to the public or that they create and distribute through their clients. This said, the public could sue publicists for releasing content that inflicts emotional distress. A good example of this situation is the recent lawsuit filed to Kim, Khloé and Kourtney Kardashian from David Goodson. Goodson, a Pennsylvania inmate, sued the Kardashian sisters, claiming that the “outrageous actions” exposed in their television show caused him extreme emotional distress. Yet, the appeals court stated that the sisters' alleged conduct was not sufficiently outrageous to sustain Goodson's claim. Although Kardashian’s publicist was not directly sued in this case, it’s important to understand that there is a possibility of the publicist being involved in cases like this, because after all, it’s the publicist who develops and markets an artist’s image. Publicists screen and to some extent develop the content that is going to be released, even in the Kardashian’s reality show. This said, their publicist becomes liable to some extent. 

Another issue where publicists can become legally liable is when divulging private information or breaching a confidentially clause. The latest example of this situation is once again with Kim Kardashian. Shortly after Kardashian filed for divorce from Kris Humphries, her ex-publicist Jonathan Jaxson publicly claimed that the couple's marriage was a publicity stunt. Kardashian’s attorney sent a demand for arbitration claiming Jaxson had violated a confidentiality clause in his contract with Kim, and seeking a minimum $200,000 in damages. Jaxson, in return, said he never signed a confidentiality agreement. Even though they settled for a sum of money and a public apology, this lawsuit brings to our attention that a publicist must never release confidential information about their current or former clients and reiterates the importance of carefully reviewing contacts. While Jaxson’s actions are illegal in contracts with a confidentiality clause built into it, breaking a confidentially promise certainly isn’t considered ethical in the public relations world.

Along the same lines of the Kardashian v. Jaxson issue, a publicist should know the power of words. Therefore, they shouldn’t say anything that is going to portray their clients in a false light. This situation can be seen in the highly publicized lawsuit between the Hollywood Foreign Press Association (Golden Globes) and their former publicist Michael Russell. Russell alleged that the HFPA’s members were engaged in a "payola" scheme. The HFPA then filed a countersuit against Michael Russell, charging him and his firm with breach of contract and fraud. They sued Russell for breaching a confidentiality clause and for portraying the Association in false light without evidence. Again, this case demonstrates the legal liabilities that come along not only with dealing with entertainment related companies, but by having an unethical behavior towards your clients.

Other liabilities as publicists may be misrepresentation, libel or defamation, and wrongful interference. Our job is not only a very rewarding one, but also a very risky one. We have to be very careful with the clients we choose and the actions we take because one false move could destroy our clients’ careers and our professional reputation.  

If you want to read more about a big liability in the entertainment public relations world click here.