Identifying media risk and information management methods
The risk of media coverage
Which cases are likely to arouse public and media interest and require a specific communications strategy?
In the first category, disputes can be classified in particular where either party involved is considered to be a figure of public interest. It may be a large employer, a public figure or someone prominent in the public awareness who will attract, by virtue of his or her status, the attention of the general public more easily. In this same category, one should be mindful of parties who have a history of airing their business before public opinion and who will be in a better position to seek an all-out confrontation.
Some cases take on a public dimension because of the specific characteristics of the parties involved, others because of their nature or presumed impact.
In the first category, disputes can be classified in particular where either party involved is considered to be a figure of public interest. It may be a large employer, a public figure or someone prominent in the public awareness who will attract, by virtue of his or her status, the attention of the general public more easily. In this same category, one should be mindful of parties who have a history of airing their business before public opinion and who will be in a better position to seek an all-out confrontation.
Other, more objective indicators allow cases to be classified into a second category, which is equally at risk. A high litigation value, for example, will more easily attract media and public attention. It is likely that a case involving unusual or sensational events will also attract more media attention. Other situations fall into this category: they are those that may be precedent-setting or have significant repercussions, but also those that have a political or regulatory aspect, or are currently the focus of public discussion.
We should also remember that some cases with a low impact at the national level could, however, be a hot topic for the regional press.
In addition, the specialised press may react differently on specific situation and cases than the generalist or tabloid press.
ICCA, an acronym for a method
Information is the foundation of every effective strategy. Thus, controlling the flow of information around a case is critical. With this in mind and in order to cultivate the necessary approach, the ICCA method (for Information Collection, Control and Answer) has been developed.
IC: Information Collection
Before interacting with any journalists, it will be essential to collect as much information as possible about the case and its environment in order to appear as a credible source of information.
The journalist will be interested in the timing of the proceedings, but will also be interested in receiving general information about the parties to the dispute and their arguments. The stated aim of this preparatory work is for the public relations firm to establish itself as a reliable and accessible source of information for the media.
In this respect, a media briefing containing this information will be a unique tool to help impose a factual and objective view of the case without giving away excessively specific information.
Of course, the information gathered in this way must above all enable us to strengthen our own knowledge and management of the case. In addition to the general information that can be shared, we refer here to other more specific information that can guide our own actions: getting to know the opposing party better, its advisers and in particular whether it uses a public relations specialist, identifying opinion leaders on the subject and analysing the arguments and methods of opposing parties, all will be essential in order to strengthen our position. A timetable for proceedings should also be established, highlighting the next steps in litigation.
In order to be prepared for any eventuality, we advise the development of as complete a database as possible.
C: Control of information flow
The aim, as far as possible, is to manage, that is to say control, the flow of information. To do this, it is necessary to determine who says what, to whom and when.
The spokesperson has a role as a reference point, he represents his client among the media and the public. As the point person, a provider of information and a principal point of contact, he will have been trained to take on this responsibility through media coaching.
The spokesperson may change during the proceedings. While this may often be a prominent company figure during the client’s strategic positioning phase when public discussion is limited to preliminary and generic considerations, a lawyer regularly takes over when the debate becomes more technical.
A media brief with a complementary Q&A will not only summarize the client’s position but also ensure that key messages are assimilated and communicated in a consistent and coherent manner.
In order to obtain information about the case, journalists and target audiences should contact the spokespersons designated in the media brief. This communication line means that only those who have all the information at their disposal will communicate the message previously prepared with the client. If another person were to be contacted, the message may become muddled. Control over the flow of information ensures that the right message is delivered.
When a company is a party to the dispute, it will be necessary to inform its employees about this line of communication by means of a memo or brief, giving instructions on how to respond to any request for information.
A: Adequate Answers
Any answer must be measured and disciplined. Pre-developed key messages must have a place in communications which are convincing, simple and concise.
The time and place of such communications is also important. Should we give preference to a press conference, a simple press release or an exclusive interview with a journalist, and in the latter option, which journalist? Timing is also essential, and we will ask ourselves whether the answer should be preventive and anticipatory, immediate or whether we should take the time to give a measured response.
Once the ICCA method has identified situations where the issues and the challenges are likely to shift from the court of justice to the court of public opinion, it will need to be put into practice if we are to articulate and develop an effective communications strategy. This approach, which combines anticipation and information management, reinforces the need for collaboration between the legal team and the public relations specialist.
Thomas Ammann