Integrating Public Relations and Legal Strategy: Responding to Activism

Erik Bernstein Articles Crisis Response Leave a Comment

By Jonathan Bernstein
As Written for Arizona Attorney

Crisis: an unstable or crucial time or state of affairs whose outcome will make a decisive difference for better or worse(Webster’s New Collegiate).

The CEO of Alpha Corporation* was beside himself.

“All we did was get permission to use a lower-cost manufacturing process that actually reduces emissions. Now we’ve got protestors at our gate, hundreds of letters being sent to our legislators, and state regulators breathing down our necks!” he exclaimed angrily.

Alpha Corporation had been in business for more than 40 years and had, by its industry’s standards, an exemplary environmental record, one showing no more than minor administrative corrections and some small fines. It made a product used and wanted by all.

Unfortunately, immediately after acquiring temporary permission to modify its manufacturing process, two things happened:

(1) it had a significant environmental event which did release hazardous — not toxic — wastes into the environment, and

(2) a national group of environmental activists took a negative position on the new manufacturing process, claiming that it was, in fact, harmful to people and the environment. Both of these events prompted a small group of local activists — a mix of a few true environmentalists and a majority of folks who simply didn’t like living next to a manufacturing plant — to initiate an aggressive protest campaign by mail, through in-person protests, and by manipulating some under-educated local media contacts.

Their goal: effectively restrict the plant’s operation severely by asking the state to insist on a full Environmental Risk Assessment prior to giving permanent, unrestricted permission for the new process.

One rule of crisis communications is that “in the absence of accurate information, rumor and innuendo fill the gap.” Alpha, not used to having to respond rapidly on the public and community relations front, ended up at the wrong end of the public sigmoidoscope before it created and launched a communications plan which eventually turned the situation around. Highlights of that plan included:

Assessing the real damage. Alpha only assumed that media coverage and frantic legislator calls reflected true public opinion, but was that so? A privately contracted survey revealed that the vast majority of area residents didn’t believe the protestors, thought Alpha was a good corporate citizen, and merely wanted more information to satisfy any concerns they had. These survey results, besides being used to guide further public relations activities, were shared with legislators and regulators by company-hired lawyers and lobbyists, showing them “look, the voting public isn’t concerned — the noise is being made by a very small group of busy form-letter writers and phone callers.”

Community education. The company conducted a series of moderated “town hall” format meetings in various parts of the county as well as sending speakers to service clubs and organizations, all to answer questions and provide accurate data about the environmental incident (including proof that it had harmed no one) and the new manufacturing process. Activists at the meetings were managed by allowing anyone to speak — but for a very limited time period. Those wanting to say or ask more were encouraged to do so by setting up one-on-one meetings with Alpha management, going on site tours, etc. — much more manageable PR situations with no media value.

Media education. There were only a few media outlets in Alpha’s geographic locale and one reporter with some degree of competency about environmental matters. Hence company management focused heavily on making sometimes-technical information as easy to understand as possible through briefings and written materials, often using everyday analogies to clarify a point (e.g., the difference between “hazardous” and “toxic” waste). Gradually, the coverage became more accurate and balanced.

It took the better part of a year for the public furor to completely die down and the legal/regulatory process took twice that long. The protestors pretty much gave up in the face of the support evinced by the majority of their fellow residents. There were a few challenges along the way — such as Alpha’s union members having to be restrained from physically attacking protestors, and another environmental incident in mid-PR campaign — but eventually Alpha’s “new, improved” process was officially approved.

*Alpha Corporation is a pseudonym. The organization’s name and certain minor facts were modified to preserve confidentiality.

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