Regulation of the Communication Profession in South Africa: An exploratory study

Regulation of the Communication Profession in South Africa: An exploratory study

The professionalisation debate: a changing landscape

The “licencing” of the public relations profession was the lifelong concern of the late Edward Bernays, who believed that the profession to which he had contributed so much could only establish a reputation for credibility, efficiency and authority through professionalisation

(Valin, 2005 in Meintjes & Niemann-Struweg 2009)

Overview

• Introduction• Research design• Contemporary SA and international

landscape for PR and CM• Regulation in a professional

environment• Definitions and guidelines• Legislation vs self-regulation• Case studies

Introduction

• PRISA: Investigating possible legislation• King III on Governance for South Africa,

2009• Stockholm Accords• Global Alliance• Main purpose of research in this field

should be policy development - much research but little implementation

Introduction

• Reputation risk being the most important risk for companies

• Stakeholder relationship risks have become too high – companies will in the future ask about the credentials of

service providers• Communication risks

Purpose of the research

• To investigate the regulatory environment of PR and CM in SA

• To explore international trends in this and other professional fields in order to identify the indicators that could be considered for policy development

• To identify the content of current academic and professional qualifications presented by higher education institutions and PRISA

Purpose of the research

• To investigate other indicators such as codes of ethics, standards, accreditation, and possible legislation to determine whether regulation of this emerging profession should take place and if so, at what level

Problem statement

• The approach to the professionalisation of PR and CM in SA is currently fragmented and could jeopardise the status of this emerging profession• Stakeholder engagement and closer co-

operation between higher education institutions, professional associations,

government and business could address this fragmentation

Problem statement

• A holistic approach to education and training could furthermore support a policy framework in which academic and professional qualifications could, amongst others, be identified and aligned• Different pathways to professionalisation,

culminating in such a framework, could also assist students, practitioners and policy makers with decisions about the future development of the profession

Methodological approach

The research have followed the qualitativetradition of desk research as well asconducting interviews with representativesof higher education, professionalassociations and industry in order to determine the current and desired status of the public relations and communicationmanagement profession in South Africa

Theoretical framework

Economic theory of regulation ofprofessions asks the questions: 1.Why regulate?2.How to regulate?3.What to regulate?

Expected results

• Working paper - research in progress• It is expected that data collected on the current status of the PR and CM in SA, and elsewhere could support decision makers in determining the level at which this emerging profession should be regulated

Contemporary SA landscape for PR and CM

• PRISA (50 years), voluntary association• PROVOX• 300 PR and related consultancies• 2 500 PR practitioners registered with

PRISA• Members comply with principles,

professional standards and code of ethics i.e. Code of Professional Standards/Conduct


• PRISA has defined a policy for continuing professional development; instituted a formal assessment of qualifications and experience for a professional registration process; maintained and updated member records as members’ level of professionalism is enhanced through further education and training;


offered guidelines for the selection andrecruitment of employees and determined the appropriate level of responsibility suited to the various levels of professional registration • Developed an accreditation framework in line with South Africa’s national qualifications framework •Endorses education and training providers and certification services


• ETR committee• Curriculum Think Tank as a community of

Expert Practitioners (CEPs)• The PRCC (Public Relations Consultants

Chapter), which is a subdivision of PRISA, was especially created to accommodate the more specialised interests of consultants.

• Council for Communication Management (CCM)


• Long History of PR education – first handbook of PR in SA, 1965

• SETAs (Sector Education and Training Associations)

• Universities, Universities of Technology and Colleges offer short courses as well as graduate and post-graduate programmes in PR, communication and communication management


• Outcomes based approach - internships

• Public-private partnerships between universities and consultancies – PAIR (Policy, Advocacy, Integration, Research)

Regulation in a professional environment

• Regulation has become an important indicator of the state of a profession

• New professions are emerging in contemporary society, asking for suitable regulation, which could manifest in the form of independent regulation, co-regulation, self-regulation or statutory regulation

Regulation in a professional environment

• Regulation could also increase the positive perception of the profession, as well as its legitimacy status

• However, some sceptics question the viability of a regulated public relations and communication management environment

Regulation in other professions

• Professional regulatory activities have been included in the public policy agenda in Europe • Debate is driven by an interest in promoting competition in the market for professional services; innovation; consumer protection and accountable regulatory enforcers • Regulatory frameworks

Regulation in other professions

• Law, medical, accountancy, engineers, • architects, social workers etc• Legal profession stress self-regulation• arguing the losses would occur of

poorly trained lawyers were allowed to perform legal services

Definitions

• A profession can be described as an occupation with specialised skills, which is partially or fully acquired by intellectual training

• The service calls for a high degree of integrity, and it involves direct or fiduciary relations with clients and other stakeholders

• The extent of regulation is also country specific and varies from profession to profession

Definitions

• Professions are occupations that are publicly regulated or self-regulated

• Includes practitioners receiving special training in a specific body of knowledge leading to an exclusive area of practice and as having a duty or social responsibility

• Terminology: Defining PR itself leads to difference of opinion about the regulation of the profession

Interdisciplinary guidelines for a “profession” (Wylie, 1994)

1. A well-defined body of scholarly knowledge

2. Practitioners completing some standardised and prescribed course of study

3. Examination and certification by a governing body

4. Oversight by a governing body with disciplinary powers

Characteristics of a profession

• Standardised education grounded in a theory-based body of knowledge

• Professional association• Institutionalised training• Testing of competence• Work autonomy• Codes of ethics• Accountability and public recognition• Accreditation, certification or licensing• Self-regulation

Research in this field (SA)

Niemann-Struweg and Meintjes (2008)on perceptions about professionalism:•Too many non-qualified and inexperienced people are entering the South African PR industry which contributes to the negative image and lack of recognition given to the profession•Apathy amongst practitioners regarding the professional body is a major impediment to professionalising the industry


• Many non-members do not see the benefit of belonging to a professional association.

• Many practitioners in the country do not fall under PRISA’s auspices and therefore cannot be disciplined for defaulting or non-compliance with its code of ethics.


• The SA PR industry needed to be professionalised (97%)

• 3% against: “Undemocratic and unwarranted interference”; and the skills and effectiveness of individuals and agencies should be left to the open market to decide upon

• Remuneration


• Internships (experiential learning) should form part of the education and development process

• Higher entry requirements should be set for the profession, to improve service delivery and the quality of skills of professionals

Benefits of regulation

• Decrease of search costs, improvements in service quality and more adequate supply of information concerning the quality of the professional service.

• From this perspective a reduction of risk is to be expected.

• In a market for professional services, where quality is uncertain, confidence and trust in the professional is important for efficiency.


• Regulation and legal rules should aim to enhance the trust relationship by economising on information costs

• Goals of a public nature: Values like confidence, honesty and trust might be pursued by government which in turn may actually promote greater social welfare and foster growth. The social willingness to pay for these values may be above its market or economic value, thus justifying government’s intervention.


• Goals of private interest: Regulation of markets for professional services is seen to arise and be sustained because it is in the interests of the members of the profession to do so.

• The capture theory predicts that professional licensing should decrease the supply of professionals below social optimum, increase the prices charged by professionals, and increase existing professionals’ incomes beyond marginal productivity.

Bill Baxter (1986) Lawmakers' Views On Licensing, Public Relations Review

A survey of Midwestern state legislatorsshows that legislation calling for thelicensing of public relations practitionerswould face an upward struggle forenactment. Bill Baxter's poll of Wisconsinlawmakers indicates that requirements forregistration or certification--but not licensing--would have the best chance of passage.

Bill Baxter (1986). Lawmakers' Views On Licensing, Public Relations Review

• The reason: Licensing is a last-resort measure to be used only in cases where• The unlicensed practice of an occupation poses a serious risk to the public, said a number of respondents • Resistance to "'more red tape" also was expressed by a significant number of respondents

Philip Lesly (1986). Why Licensing Won't Work For Public Relations, PR Review

More bureaucracy, restraint of trade, limitingthe mobility of practitioners--these areamong the negative consequences that wou follow the enactment of licensing.Instead, he suggests, outstanding performance and continuing education--should enjoy renewed support.

Paul S. Forbes (1986). Why Licensing Is An OpportunityFor Public Relations. PR Review

• Organizations that represent professionals in the public relations field have a serious responsibility to define and elevate the practice

• He urges licensing in addition to accreditation as the means to that end, saying that codes of ethics and accreditation programs, while they are notable steps in the right …

Paul S. Forbes (1986). Why Licensing Is An OpportunityFor Public Relations. PR Review

• …direction, alone are insufficient for weeding out those that engage in "'professional malpractice.'"

• Licensing also would force the development of a definition of what constitutes public relations

Role of the professional body in professionalisation

Should be a professional body so that that has sufficient authority, power and legitimacy to legislate rules and regulations on behalf of practitioners and perform the functions necessary to promote and protect the wellbeing and reputation of the profession.


There have been consistent efforts over the years by public relations associations to both legitimise and professionalise practice by augmenting the profession’s body of knowledge, improving its reputation and ethical standards, and refining its certification processes.


1. Keep members well-informed and knowledgeable about the latest elements and operational procedures of the best professional projects and strategic plans being implemented throughout the world. 2. Apply standardised and universal procedures for individual and corporate accreditation (registration).


3. Adhere to whatever benchmarks for standards are accepted by the best practitioners in the world. 4. Develop, maintain and foster international relations between professional associations with the same aims and standards.


5. Encourage programmes to implement the continuous professional development of existing members. 6. Devise, enforce and administer a comprehensive code of ethical standards and procedures.


7. Make a range of considered benefits available to all accredited members. 8. Oversee the development of training programmes and the certification of professional qualifications.

Education

• Body of knowledge• Standardisation of PR studies• Examination and certification• Professional accreditation

Institutional arrangements

• How to regulate? Three categories: regulation by the government, self-regulation and regulation by third parties.

• Regulation by government: Quality regulation, certification and licensing. Regulations require a regulatory agency that must be able to assess quality and signal it to potential clients.


• Under certification or licensing a document (certificate or license) is awarded to an individual who satisfies certain conditions, which may include education and training. The government as well as a private agency may provide such documents and regulate professional education, compulsory periods of training and performance requirements.


• The difference between licensing and self-regulation is that while rules are issued by public authorities in both settings (professional bodies are entrusted with public authority), entry and performance are regulated by the state in the case of licensing (eventually delegated to a private agency independent from the profession) and by the profession in the case of self-regulation.


• The consequence is that self-regulation promotes strong professional association whereas licensing does not. One alternative to professional regulation could be independent rating agencies designed by repeat purchasers to perform the agency function on behalf of infrequent consumers.

PR Industry

• According to Broom (2009) (in Sha 2011:2) accreditation and licensing differ in that the former is a voluntary process conducted by professional associations, while the latter is a required process mandated by government. Government regulation of the profession exists in Brazil, Nigeria, Panama and Peru.

PR Industry

• Research in Nigeria indicated that this form of regulation of public relations “enhanced the prestige and legitimacy of the profession” (Molleda & Alhassan 2005) (in Sha 2011:2). Puerto rico has also enacted legislation to license public relations practitioners. (Cruz, 2008) (in Sha 2011:2).

Regulatory instruments

• Entry restrictions with consequent professional monopoly rights; restrictions on advertising and other means of promoting competition within the profession; restrictions on fees and on fee contracts; restrictions on on organisational forms; and restrictions on conduct and procedures.

Case studies

South Africa

•Non-disclosure and restraint undertaking•Greenpaper on legislated self-regulation for the communication management profession

Chapter 1 : historical context, vision, principles, goals and objectivesChapter 2 : needs and challengesChapter 3 : structure and growthChapter 4 : governanceChapter 5 : fundingChapter 6 : implementation strategy

South Africa

•The overall purpose of the legislation is to move towards engaging with and managing the profession through

a legislated professional body •Our intention is to get constructive comments from a select group of people who can give their perspective on the proposed document. At this stage only those invited to comment are asked to do so.

South Africa

• Please comment on what legislation could do for the profession

• Given that this is the legislation, what changes would you like to see?

• What objections would you have to this?

• How does it fit our industry?• Have we covered all aspects?• Why do we need to redefine the

profession?

South Africa

• Why do we need a change of name?• What international precedence is there to

changing from referencing what we do as Public Relations to Communication Management?

• What levels of progressions do you see for the Communication Management Profession? See rough draft below as an example.

• What qualifications and experience as a respondent do you think are necessary for each of these levels?

South Africa

Levels of progression for the Communication Management Profession

Consultancy Corporate Organisation Level Designations

Student Student Student Student

Intern Intern Intern Intern

AA Assistant Junior/Entry Level Candidate Professional

AE Officer Operational PRP

AD Manager Managerial CPRP

MD Director Strategic APR

South Africa

• Would you agree that in order to write strategic operational plans you need to have the relevant level of skills and experience?

• What would you want and value from a professional standards body and a member association?

South Africa

• Are you aware that a Consultancy Management Standards System exists for agencies that can lead to recognised quality assurance?

• How do you see these standards fit into internal departments within an organisation / government Department etc.

• Do you believe a quality system is important for the profession?

Engaging and Managing the Profession through a Professional Standards Body and Member Association

Current Voluntary Association Structure

Future Professional Council and Professional Association Structure

Nigeria

• PR is becoming influential in democratic societies • At the national level, efforts to define what public relations is, what practices include,

and who is entitled to perform this management function have resulted

in specific legislations in Brazil (1967), Panama (1980), Nigeria (1990), Peru (2004), and Venezuela (expected to pass

in 2005). Similarly, Puerto Rico is studying the feasibility and benefits of a public relations law.

Nigeria

• A study was conducted to document the views of professionals concerning the law that officially recognized the Nigerian Institute of Public Relations (NIPR) and directed the creation of a register of practitioners in the largest

African nation.

Nigeria

• All respondents agreed that the NIPR law should be maintained yet revised, improved, updated and broadened because of the dynamic nature of the profession. Similarly, a consensus emerged that the situation would have been worse without the NIPR law.

Nigeria

• All the respondents admitted that the NIPR law needs more publicity to increase public awareness about the law and the need for registration of practitioners in compliance with the act.

• According to the majority of respondents, the current and future operations of NIPR and the enforcement of the law face many challenges.

Brazil

• Public relations has been licensed in Brazil since 1967. Federal and regional councils enforce the law on a limited basis, and penalize those who do not comply with legislation.

• Research among registered professionals in southern Brazil. Participants clearly agreed that licensing benefits their clients and organizations and should be maintained.

Brazil

• Respondents also agreed that licensing legitimizes the profession, enhances its reputation, and benefits practitioners.

• Participants did not feel that licensing makes it difficult for other people to practice public relations illegally.

Brazil

• Federal and regional councils continue to strengthen procedures to promote and enforce a recently improved definition of public relations and its functions.

• Consequently, an amendment to the law was written through national gatherings of professionals and educators.

Conclusion

Documents

Regulation of the Communication Profession in South Africa: An exploratory study