The New York City Bar Association and the New York County Lawyers Association have issued cautions to their members against dissemination of misinformation or disinformation: Attorneys should not “make claims of wrongdoing against officers of the court for which they have no factual basis, or which they know to be incorrect.” Nor should attorneys, especially in “a highly charged environment of public interest,” make comments about “the judicial processes or judicial officers” that “they know to be demonstrably misleading or palpably false.”
This article explores "the nuances in legal ethics rules regarding statements made during representation of a client and those made by lawyers not involved in the controversy," concluding that "the New York bar associations were right to rebuke flagrant falsehoods that target the very rule of law."
September 12, 2022
Bar associations address mis/disinformation
June 29, 2022
Report on medical board transparency about sexual misconduct
The Informed Patient Institute and the Patient Safety Action Network have released a report on "Communicating about Physician Sexual Misconduct: How are state medical boards doing?" The report is focused on transparency and education of the public and physicians about sexual misconduct. From the report: "In the initial review by volunteer researchers, only eight out of the 64 websites reviewed had information about physician sexual misconduct directed at consumers/patients and 15 had information directed at physicians. Upon further examination of these and other sites, we found only a few with policies and materials that demonstrated to the public and doctors the seriousness with which these regulators handled such violations. These included state medical boards that had clear policy statements about sexual misconduct, informative and easy to find materials for the public and physicians and provided training on the topic. On the other hand, we also found state boards frequently used euphemistic language to obscure sexual misconduct. Many states didn’t have any material that we could find." The report gives a series of recommendations "focused on state medical board website information available for the public and for physicians as well as training and other activities."
December 09, 2021
Scope and enforceability of mis/disinformation codes
This article from Lexology discusses the Australian Code of Practice on Disinformation and Misinformation and the European Code of Practice on Disinformation, addressing the significant public policy concern of harmful false digital content. Debate over the scope of the codes focuses on the difference between the intentional spreading of disinformation and the perhaps unintentional spreading of misinformation - whether it was intended to cause harm. The article concludes, "The unsettled nature of these codes’ scope illustrates how challenging the issue is. Careful code review will be vital to ensure that free speech without fear of persecution, privacy and our 'collective sensemaking' in times of crisis are not lost to overregulation."
And listen to CLEAR's webinar recording to consider how these definitions and polices affect Regulation of Off-Duty Conduct and Misinformation by regulated practitioners.
November 10, 2021
Harry Cayton calls for "bold action" aganst anti-vax healthcare professionals
Harry Cayton, international expert on professional regulation and former director of the Professional Standards Authority in the UK, has called for healthcare professionals promoting or participating in anti-mask or anti-vaccination behaviors to "be challenged by the regulator." Cayton acknowledges the struggle regulators are dealing with to draw a line between the importance of respecting personal opinion and keeping the public safe from COVID-19. In response to the difference in approach seen among Canadian provinces, Cayton told CBC News, "If necessary, government has to step in and clarify the laws around these things." He calls on regulators to put the public interest first and foremost and test whether the legislation will allow action against these practitioners.
October 20, 2021
Name change for Saskatchewan Registered Nurses Association
The Saskatchewan Registered Nurses Association has become the College of Registered Nurses of Saskatchewan with a new name, logo, and look. From the stakeholder letter: "This new brand and name represents our next step in moving to a single mandate of regulation, achieving our mandate of protecting the public through fair, transparent and effective regulatory processes, refining our focus as the bridge between Registered Nurses and the public in Saskatchewan and renewing our dedication to upholding the standards of care."
September 08, 2021
Calls to discipline doctors for spreading Covid misinformation
As videos and social media posts of licensed doctors spreading false information about the coronavirus continue to gain popularity, medical groups are calling for discipline against such practitioners. The Federation of State Medical Boards has issued a statement recommending that state boards consider taking disciplinary action against doctors who share false medical claims. The American Medical Association has indicated that spreading misinformation is a violation of the code of ethics.
CLEAR is planning to offer a webinar on disciplining practitioners for off-duty and/or COVID misinformation conduct. Look for details soon.
August 18, 2021
Mississippi launches Tackle the Tape initiative
The Mississippi Secretary of State has launched an initiative called Tackle the Tape, which allows citizens to go to the Secretary of State website to submit regulatory statutes or rules that they consider harmful for businesses - "regulations that are anti-competitive and do not substantially further the safety and well-being of citizens." The Secretary of State's office indicates that they can advocate on their behalf to the regulatory agency or the legislature.
July 15, 2021
Florida judge says contractor advertising law violates free speech
A Florida judge has enjoined enforcement of a section of a new law that would have prohibited "written or electronic communication that encourages, induces, or instructs someone to contact a contractor or public adjuster for the purpose of filing an insurance claim for roof damage." The judge found that this section of the law violates the First Amendment free speech rights of contractors, even though the Department of Business and Professional Regulation argued that the restriction was intended to combat consumer exploitation and fraud.
June 30, 2021
Report: US funeral service regulators provide poor information to consumers
Th Funeral Consumers Alliance and the Consumer Federation of America have issued a report evaluating consumer information provided by state funeral regulators. The report considered how well funeral home regulators' websites inform the public on their legal rights when making funeral arrangements, suggest smart shopping strategies, explain how to file complaints, and identify funeral homes that have been subject to disciplinary actions. The report found seven states that provide excellent consumer information and 33 states that provide poor or no information. The remaining ten states provided some information but perhaps not under a prominent consumer topic heading. The report gives examples of model website elements, such as ease of use and clarity, an easy-to-use complaint form, complete information on disciplinary actions, and relevant information on consumers' rights and price disclosures.
March 24, 2021
Newfoundland and Labrador colleges create complaints facilitator role
The College of Registered Nurses of Newfoundland and Labrador, the Newfoundland and Labrador Pharmacy Board, and the College of Licensed Practical Nurses of Newfoundland and Labrador have established a new position known as a complaints facilitator. The complaints facilitator will assist individuals in the process of filing an allegation or complaint. The colleges aim to "expand access to regulatory services" and provide support for individuals who "may find the complaints process intimidating."
