Related Experiment Video
Updated: May 5, 2026

Preventing the Spread of Malaria and Dengue Fever Using Genetically Modified Mosquitoes
Published on: July 4, 2007
Addressing Legal Risks in Public Health Communication Campaigns
Kathleen Konopka1, Aura Guerrero1, Gianella Severini1
1Global Health Advocacy Incubator, Washington, DC 20005, USA.
Abstract:
The literature on the Commercial Determinants of Health has primarily focused on the political power and interventions of corporations versus countermeasures by civil society. However, there is a gap in the discourse concerning industry use of legal threats and actions to silence public health organizations and their public health communication campaigns (PHCCs). This legal review aims to understand legal challenges brought against PHCCs and provide best practices for effective campaigns while minimizing legal risk. We used jurisprudence in Mexico and the United States as proxies for civil and common law countries, supplemented by international law and principles to identify the best defenses and mitigation strategies against defamation and trademark infringement actions. Legal frameworks in these countries demonstrate the ability of aggressive evidence-based public health campaigns to withstand these legal challenges. Based on these legal protections, we recommend that advocates implement PHCCs that (1) contain facts that are true and substantiated with evidence, (2) frame messaging as opinion or satire, (3) highlight the non-commercial purpose of informing people about the impact of their consumption choices on health and well-being and (4) explain how the messaging advances the rights to health and access to information. A PHCC's success in court can also set important precedents regarding the right of advocates to disseminate and the right of populations to receive important health messages. Following these recommendations and best practices, health advocates can minimize legal risk and continue to provide effective evidence-based PHCCs that promote and protect public health.
More Related Videos
06:39Electroencephalographic, Heart Rate, and Galvanic Skin Response Assessment for an Advertising Perception Study: Application to Antismoking Public Service Announcements
Published on: August 28, 2017
14:43A Novel Method for Involving Women of Color at High Risk for Preterm Birth in Research Priority Setting
Published on: January 12, 2018
Related Concept Videos
Types of Biopharmaceutical Studies: Controlled and Non-Controlled Approaches
Non-controlled studies, commonly employed for initial exploration, lack a control group, rendering them susceptible to biases and external influences. In contrast,...
Strategies for Assessing and Addressing Confounding
Confounding can be addressed at both the design phase of a study and through analytical methods after data...
Impression Management Techniques III: Aligning Actions
Steps in Outbreak Investigation
Health Literacy
Investigation of Disease Outbreaks