際際滷

際際滷Share a Scribd company logo
Legal Principles in Risk Communication
Legal and Ethical Understanding Staff handling a health crisis should have knowledge of the relevant laws and ethical considerations pertaining to the crisis
Objective To introduce the existing sources of law To ascertain from a legal perspective whether or not information should be released To identify the possible legal implications of disclosure/ non-disclosure
Sources of Law Federal Constitution Statutes Regulations General Orders Government directives and circulars Common Law
Government Circulars and Directives Peraturan-peraturan Pegawai Awam (Kelakuan dan Tatatertib) 1983 Peraturan 19 Perintah-perintah Am Pegawai Awam (Kelakuan dan Tatatertib) (Bab D) 1980 Perkara 17 Perkara 4 Pekeliling Perkhidmatan Bil. 1 Tahun 1985 = non-disclosure
Non-disclosure Government policy, program or decision on any issue Any factual information relating to department Explanation of incident or report BUT
People should have access to information in a democratic society Allows for expression of constitutionally protected rights in  Art 10  and 5 of the Federal Constitution Disclosure in good faith is a valid defense to a criminal action under the Penal Code s93
Federal Constitution -  Article 10 10(1) Subject to clauses(2), (3) and (4)  every citizen has the right to freedom of speech and expression Restrictions are imposed in the interest of national security, public order, etc
THE CONFLICT Federal Constitution Ethical principles Gag orders VS IMPLICATIONS decision
Authorised Officer Communications Officer PUBLIC Ministers approval information
Liabilities of authorised officers Subject to statutory duties of non-disclosure E.g. PCID, Food Act, OSHA, Pesticides Act Breach  offence under the statute, penalty as prescribed under the statute  e.g. fine and /or imprisonment + disciplinary action may be taken
MINISTER YES NO No problem comply non-compliance - disclosure No problem Disciplinary action Communications officer
Further legal implications  Negligence Breach of Confidentiality Defamation Public Nuisance
Negligence Liability may exist either for disclosure or failure to disclose depending on circumstances Need to prove three elements Duty of care Breach of standard of care Damage/causation
Breach of Confidentiality Both legally and ethically wrong Protects special relationships of trust  e.g. between health care providers and patients Consider the context in which the information was given/ received
Breach of Confidentiality - exceptions Sharing information with other health care providers For effective management of crisis information If required by law In public interest  to prevent a greater danger to the public at large
Defamation Publication oral or written which may tarnish a persons reputation Defences  justification qualified privilege (public interest)
Public Nuisance If disclosure/non-disclosure results in injury to a class of persons in a particular area the government as protector of public health and safety may be liable An offence under section 268 of the Penal Code
VICARIOUS LIABILITY -government liable  negligence defamation public nuisance Breach of confidentiality
Case Studies Nipah outbreak Enterovirus Hand foot  & mouth disease Haze
Nipah outbreak  WHO should have released information? Refer to government circulars   Should ANY information have been released if information was lacking/insufficient? Negligence? If info released was wrong/info withheld?
Nipah outbreak Vaccination - effective? To state effective  negligence? Discovery of actual virus  nipah not JE What information to release? Is failure to release negligent? General public Vaccinated group
Ad

Recommended

Week 2 chapter 4
Week 2 chapter 4
Sandy Thunell
ACCESS TO INFORMATION Final Eugene (2)
ACCESS TO INFORMATION Final Eugene (2)
JAMAL JUMA
Journey To South Texas
Journey To South Texas
sfernandez2015
Nugroho Khoironi
Nugroho Khoironi
Nugroho Khoironi
PPT_Process
PPT_Process
Nugroho Khoironi
416663-CIRICIRI-KEPEMIMPINAN-HEM
416663-CIRICIRI-KEPEMIMPINAN-HEM
Nugroho Khoironi
berryman-bateman
berryman-bateman
Nugroho Khoironi
Media and Public Health Law
Media and Public Health Law
guest66dc5f
Media and Public Health Law
Media and Public Health Law
guest66dc5f
Provision of specific community health nursing legislation and
Provision of specific community health nursing legislation and
Jayashree Ajith
Mental health law privacy and confidentiality
Mental health law privacy and confidentiality
Anselm Eldergill
Pa685 m2 ppt_alternate
Pa685 m2 ppt_alternate
toddkedwardsPearson
Module 2: Ethical Decision Making & Laws Affecting Public Communitcation
Module 2: Ethical Decision Making & Laws Affecting Public Communitcation
toddkedwardsPearson
Hpa 400 week 3
Hpa 400 week 3
ljones17
Confidentiality and Data Protection
Confidentiality and Data Protection
Ed Horowicz
Ethics
Ethics
variable_orr
Ethical and legal issues in community health nursing and
Ethical and legal issues in community health nursing and
Amu Jogipur
Put your left leg in, put your left leg out: the exclusions and exemptions of...
Put your left leg in, put your left leg out: the exclusions and exemptions of...
Werksmans Attorneys
Work Within A Legal And Ethical Framewok
Work Within A Legal And Ethical Framewok
Aidos
W Bs In Govt
W Bs In Govt
sfsouth
Introduction to Administration Law.pptx
Introduction to Administration Law.pptx
LineaInekelahNangula
Ethical Case study
Ethical Case study
SATEESHKUMARSHIVHARE
Introduction to ethical issues in public health ghaiath
Introduction to ethical issues in public health ghaiath
Dr Ghaiath Hussein
Blowing the whistle on it! May 2012
Blowing the whistle on it! May 2012
Timothy Holden
Pr ethics
Pr ethics
Archana R Singh
Bioethics in nursing reviewer
Bioethics in nursing reviewer
grey clemente
4. Legal aspects in Nursing care for students.pptx
4. Legal aspects in Nursing care for students.pptx
ZobiaLatif
Bilingualism teachers
Bilingualism teachers
Nugroho Khoironi
7 concept of_education_in_islam
7 concept of_education_in_islam
Nugroho Khoironi

More Related Content

Similar to Risk Communication (20)

Media and Public Health Law
Media and Public Health Law
guest66dc5f
Media and Public Health Law
Media and Public Health Law
guest66dc5f
Provision of specific community health nursing legislation and
Provision of specific community health nursing legislation and
Jayashree Ajith
Mental health law privacy and confidentiality
Mental health law privacy and confidentiality
Anselm Eldergill
Pa685 m2 ppt_alternate
Pa685 m2 ppt_alternate
toddkedwardsPearson
Module 2: Ethical Decision Making & Laws Affecting Public Communitcation
Module 2: Ethical Decision Making & Laws Affecting Public Communitcation
toddkedwardsPearson
Hpa 400 week 3
Hpa 400 week 3
ljones17
Confidentiality and Data Protection
Confidentiality and Data Protection
Ed Horowicz
Ethics
Ethics
variable_orr
Ethical and legal issues in community health nursing and
Ethical and legal issues in community health nursing and
Amu Jogipur
Put your left leg in, put your left leg out: the exclusions and exemptions of...
Put your left leg in, put your left leg out: the exclusions and exemptions of...
Werksmans Attorneys
Work Within A Legal And Ethical Framewok
Work Within A Legal And Ethical Framewok
Aidos
W Bs In Govt
W Bs In Govt
sfsouth
Introduction to Administration Law.pptx
Introduction to Administration Law.pptx
LineaInekelahNangula
Ethical Case study
Ethical Case study
SATEESHKUMARSHIVHARE
Introduction to ethical issues in public health ghaiath
Introduction to ethical issues in public health ghaiath
Dr Ghaiath Hussein
Blowing the whistle on it! May 2012
Blowing the whistle on it! May 2012
Timothy Holden
Pr ethics
Pr ethics
Archana R Singh
Bioethics in nursing reviewer
Bioethics in nursing reviewer
grey clemente
4. Legal aspects in Nursing care for students.pptx
4. Legal aspects in Nursing care for students.pptx
ZobiaLatif
Media and Public Health Law
Media and Public Health Law
guest66dc5f
Media and Public Health Law
Media and Public Health Law
guest66dc5f
Provision of specific community health nursing legislation and
Provision of specific community health nursing legislation and
Jayashree Ajith
Mental health law privacy and confidentiality
Mental health law privacy and confidentiality
Anselm Eldergill
Module 2: Ethical Decision Making & Laws Affecting Public Communitcation
Module 2: Ethical Decision Making & Laws Affecting Public Communitcation
toddkedwardsPearson
Hpa 400 week 3
Hpa 400 week 3
ljones17
Confidentiality and Data Protection
Confidentiality and Data Protection
Ed Horowicz
Ethical and legal issues in community health nursing and
Ethical and legal issues in community health nursing and
Amu Jogipur
Put your left leg in, put your left leg out: the exclusions and exemptions of...
Put your left leg in, put your left leg out: the exclusions and exemptions of...
Werksmans Attorneys
Work Within A Legal And Ethical Framewok
Work Within A Legal And Ethical Framewok
Aidos
W Bs In Govt
W Bs In Govt
sfsouth
Introduction to Administration Law.pptx
Introduction to Administration Law.pptx
LineaInekelahNangula
Introduction to ethical issues in public health ghaiath
Introduction to ethical issues in public health ghaiath
Dr Ghaiath Hussein
Blowing the whistle on it! May 2012
Blowing the whistle on it! May 2012
Timothy Holden
Bioethics in nursing reviewer
Bioethics in nursing reviewer
grey clemente
4. Legal aspects in Nursing care for students.pptx
4. Legal aspects in Nursing care for students.pptx
ZobiaLatif

More from Nugroho Khoironi (15)

Bilingualism teachers
Bilingualism teachers
Nugroho Khoironi
7 concept of_education_in_islam
7 concept of_education_in_islam
Nugroho Khoironi
An english-lesson-fun-for-everyone
An english-lesson-fun-for-everyone
Nugroho Khoironi
Design Portfolio
Design Portfolio
Nugroho Khoironi
effective communication
effective communication
Nugroho Khoironi
CommunicationSkillsforManager_M_PW
CommunicationSkillsforManager_M_PW
Nugroho Khoironi
Copy of Photo Album
Copy of Photo Album
Nugroho Khoironi
Top 10 Memory Improvement Tips
Top 10 Memory Improvement Tips
Nugroho Khoironi
howto
howto
Nugroho Khoironi
Culture-Specific Items in Literary Translations
Culture-Specific Items in Literary Translations
Nugroho Khoironi
Effective Leadership
Effective Leadership
Nugroho Khoironi
Strategi Kepemimpinan
Strategi Kepemimpinan
Nugroho Khoironi
soal kelas 8 dan 9
soal kelas 8 dan 9
Nugroho Khoironi
7 concept of_education_in_islam
7 concept of_education_in_islam
Nugroho Khoironi
An english-lesson-fun-for-everyone
An english-lesson-fun-for-everyone
Nugroho Khoironi
effective communication
effective communication
Nugroho Khoironi
CommunicationSkillsforManager_M_PW
CommunicationSkillsforManager_M_PW
Nugroho Khoironi
Top 10 Memory Improvement Tips
Top 10 Memory Improvement Tips
Nugroho Khoironi
Culture-Specific Items in Literary Translations
Culture-Specific Items in Literary Translations
Nugroho Khoironi
Ad

Recently uploaded (20)

Theories of Learning and Teaching.......
Theories of Learning and Teaching.......
Avantika Gupta
DRUGS USED IN UTI OR URINARY ANTISEPTICS
DRUGS USED IN UTI OR URINARY ANTISEPTICS
Umanath Singh Autonomous State Medical College, Jaunpur
MRI Technique For Spine cervical thoracic and lumbar pptx
MRI Technique For Spine cervical thoracic and lumbar pptx
sarita gaire
Why Dental Implants Fail Quality Care for Your Smile
Why Dental Implants Fail Quality Care for Your Smile
Reveal Dental
Updates_in Head__Neck TNM staging- 9th edition.pptx
Updates_in Head__Neck TNM staging- 9th edition.pptx
Dr. Maroti Wadewale
Ophthalmic Techniques HSSC-1 | Federal Board Past Paper | 2025 Preparation.pdf
Ophthalmic Techniques HSSC-1 | Federal Board Past Paper | 2025 Preparation.pdf
azkaimran130
management trauma abdominal injury of abdominal trauma
management trauma abdominal injury of abdominal trauma
furqanfries1
ELECTROMYOGRAPHY.pptX by GOKULAKRISHNAN.
ELECTROMYOGRAPHY.pptX by GOKULAKRISHNAN.
GOKULAKRISHNAN JANARTHANAN
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
UmangSharma98
Cell Injuri. pathophpysiology sem- II B Pharmacypptx
Cell Injuri. pathophpysiology sem- II B Pharmacypptx
UmeshMali25
Guideline Directed Medical Therapy: What is the Best Approach?
Guideline Directed Medical Therapy: What is the Best Approach?
Duke Heart
Anti-Infective Agents: Classification, Uses & Formulations Detailed Guide to...
Anti-Infective Agents: Classification, Uses & Formulations Detailed Guide to...
Sajini
Palliative Care for Patients with Heart Failure
Palliative Care for Patients with Heart Failure
Duke Heart
Quality of Life in CHF & Patient Preferences
Quality of Life in CHF & Patient Preferences
Duke Heart
GAIT in Biomechanics along with abnormal gait
GAIT in Biomechanics along with abnormal gait
Nerusu sai priyanka
Current Pharmacological Treatment Strategies for HFrEF
Current Pharmacological Treatment Strategies for HFrEF
Duke Heart
Best Practices in Heart Failure Transitional Care
Best Practices in Heart Failure Transitional Care
Duke Heart
Multidisciplinary Strategies in GDMT Implementation
Multidisciplinary Strategies in GDMT Implementation
Duke Heart
Inferential statistics-part 2Chi-Square Test
Inferential statistics-part 2Chi-Square Test
Babitha Devu
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
Dr.Umang Sharma
Theories of Learning and Teaching.......
Theories of Learning and Teaching.......
Avantika Gupta
MRI Technique For Spine cervical thoracic and lumbar pptx
MRI Technique For Spine cervical thoracic and lumbar pptx
sarita gaire
Why Dental Implants Fail Quality Care for Your Smile
Why Dental Implants Fail Quality Care for Your Smile
Reveal Dental
Updates_in Head__Neck TNM staging- 9th edition.pptx
Updates_in Head__Neck TNM staging- 9th edition.pptx
Dr. Maroti Wadewale
Ophthalmic Techniques HSSC-1 | Federal Board Past Paper | 2025 Preparation.pdf
Ophthalmic Techniques HSSC-1 | Federal Board Past Paper | 2025 Preparation.pdf
azkaimran130
management trauma abdominal injury of abdominal trauma
management trauma abdominal injury of abdominal trauma
furqanfries1
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
UmangSharma98
Cell Injuri. pathophpysiology sem- II B Pharmacypptx
Cell Injuri. pathophpysiology sem- II B Pharmacypptx
UmeshMali25
Guideline Directed Medical Therapy: What is the Best Approach?
Guideline Directed Medical Therapy: What is the Best Approach?
Duke Heart
Anti-Infective Agents: Classification, Uses & Formulations Detailed Guide to...
Anti-Infective Agents: Classification, Uses & Formulations Detailed Guide to...
Sajini
Palliative Care for Patients with Heart Failure
Palliative Care for Patients with Heart Failure
Duke Heart
Quality of Life in CHF & Patient Preferences
Quality of Life in CHF & Patient Preferences
Duke Heart
GAIT in Biomechanics along with abnormal gait
GAIT in Biomechanics along with abnormal gait
Nerusu sai priyanka
Current Pharmacological Treatment Strategies for HFrEF
Current Pharmacological Treatment Strategies for HFrEF
Duke Heart
Best Practices in Heart Failure Transitional Care
Best Practices in Heart Failure Transitional Care
Duke Heart
Multidisciplinary Strategies in GDMT Implementation
Multidisciplinary Strategies in GDMT Implementation
Duke Heart
Inferential statistics-part 2Chi-Square Test
Inferential statistics-part 2Chi-Square Test
Babitha Devu
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
Update on Anesthesia for Pediatric Ophthalmic Surgery.pptx
Dr.Umang Sharma
Ad

Risk Communication

  • 1. Legal Principles in Risk Communication
  • 2. Legal and Ethical Understanding Staff handling a health crisis should have knowledge of the relevant laws and ethical considerations pertaining to the crisis
  • 3. Objective To introduce the existing sources of law To ascertain from a legal perspective whether or not information should be released To identify the possible legal implications of disclosure/ non-disclosure
  • 4. Sources of Law Federal Constitution Statutes Regulations General Orders Government directives and circulars Common Law
  • 5. Government Circulars and Directives Peraturan-peraturan Pegawai Awam (Kelakuan dan Tatatertib) 1983 Peraturan 19 Perintah-perintah Am Pegawai Awam (Kelakuan dan Tatatertib) (Bab D) 1980 Perkara 17 Perkara 4 Pekeliling Perkhidmatan Bil. 1 Tahun 1985 = non-disclosure
  • 6. Non-disclosure Government policy, program or decision on any issue Any factual information relating to department Explanation of incident or report BUT
  • 7. People should have access to information in a democratic society Allows for expression of constitutionally protected rights in Art 10 and 5 of the Federal Constitution Disclosure in good faith is a valid defense to a criminal action under the Penal Code s93
  • 8. Federal Constitution - Article 10 10(1) Subject to clauses(2), (3) and (4) every citizen has the right to freedom of speech and expression Restrictions are imposed in the interest of national security, public order, etc
  • 9. THE CONFLICT Federal Constitution Ethical principles Gag orders VS IMPLICATIONS decision
  • 10. Authorised Officer Communications Officer PUBLIC Ministers approval information
  • 11. Liabilities of authorised officers Subject to statutory duties of non-disclosure E.g. PCID, Food Act, OSHA, Pesticides Act Breach offence under the statute, penalty as prescribed under the statute e.g. fine and /or imprisonment + disciplinary action may be taken
  • 12. MINISTER YES NO No problem comply non-compliance - disclosure No problem Disciplinary action Communications officer
  • 13. Further legal implications Negligence Breach of Confidentiality Defamation Public Nuisance
  • 14. Negligence Liability may exist either for disclosure or failure to disclose depending on circumstances Need to prove three elements Duty of care Breach of standard of care Damage/causation
  • 15. Breach of Confidentiality Both legally and ethically wrong Protects special relationships of trust e.g. between health care providers and patients Consider the context in which the information was given/ received
  • 16. Breach of Confidentiality - exceptions Sharing information with other health care providers For effective management of crisis information If required by law In public interest to prevent a greater danger to the public at large
  • 17. Defamation Publication oral or written which may tarnish a persons reputation Defences justification qualified privilege (public interest)
  • 18. Public Nuisance If disclosure/non-disclosure results in injury to a class of persons in a particular area the government as protector of public health and safety may be liable An offence under section 268 of the Penal Code
  • 19. VICARIOUS LIABILITY -government liable negligence defamation public nuisance Breach of confidentiality
  • 20. Case Studies Nipah outbreak Enterovirus Hand foot & mouth disease Haze
  • 21. Nipah outbreak WHO should have released information? Refer to government circulars Should ANY information have been released if information was lacking/insufficient? Negligence? If info released was wrong/info withheld?
  • 22. Nipah outbreak Vaccination - effective? To state effective negligence? Discovery of actual virus nipah not JE What information to release? Is failure to release negligent? General public Vaccinated group