Propriety and ethics in government communications

Upholding professional and ethical standards

Maintaining a high standard of propriety and ethics within government communications is fundamental to preserving trust in public institutions. It is the job of the Government Communication Service (GCS) to explain the policies of the government and support the delivery of its priorities. Government communicators must carry out their work objectively and without political bias, with any content produced by civil servants demonstrably relevant to government responsibilities and a justifiable use of public funds.

This guidance has been developed by GCS to inform all government communicators of their responsibilities, and support them by providing real examples, scenario-based advice and a clear process to access help or raise concerns. Information on how to raise a concern and the steps involved, are provided towards the end of this page.

In addition, the Propriety and ethics for government communicators training course (opens in a new tab) has been created to provide insight and support on these hugely important topics in an engaging way. The training course is mandatory for all Government Communication members in ministerial departments to complete, and strongly recommended for those working in Arm’s length bodies (ALBs).

The course provides you with the knowledge you need to deliver communications responsibly and confidently. You will hear from senior communications leaders who share what they’ve learnt from navigating complex situations, as well as bringing to life the dilemmas we all might face using a mixture of real life case studies and a fictional scenario for you to work through.

The course also assists you with the practical elements of managing stakeholders and raising concerns.

What is propriety?

Propriety means acting ‘properly’ by following accepted standards of behaviour. In the specific context of government communications, propriety means presenting the policies and programmes of the government of the day properly and effectively. To achieve this, government communications:

Should be relevant to government responsibilities
Should be objective and explanatory, not biased or polemical
Should not be – and not liable to being misrepresented as – party political
Should be conducted in an economic and appropriate way
Should be able to justify the costs as expenditure of public funds

What is ethics?

Ethics refers to the moral principles that govern a person’s behaviour – a set of beliefs about what is morally right and wrong.

For government communicators, ethics defines how we ought to communicate on behalf of the government. The seven principles of public life, known as the ‘Nolan principles’, outline the ethical standards of behaviour to which everyone working in the public sector is expected to adhere. They are explored in more detail in the GCS Propriety & Ethics training course and further information can be found in The Seven Principles of Public Life – GOV.UK

Codes of conduct

The Cabinet Office is responsible for codes of conduct for civil servants, ministers and special advisers.

The Civil Service Code

The Civil Service Code outlines the core values – Integrity, Honesty, Objectivity, Impartiality – and the behaviours expected of civil servants to uphold these values.

All civil servants must apply the Code to their own work. For government communicators, this is no different. This GCS Propriety Guidance helps to define how civil servants can properly and effectively present the policies and programmes of the government of the day.

The Ministerial Code

The Ministerial Code requires ministers to uphold the impartiality of the Civil Service. They must not ask civil servants to act in any way that conflicts with the Civil Service Code. Ministers must ensure that public resources, including property, are not used to support publicity for constituency work or party political activities.

Special Advisers’ Code of Conduct

The Special Advisers’ Code of Conduct sets out guidance for special advisers in relation to their work and that of civil servants.

Guiding principles of government communication

1. Government communications should be relevant to government responsibilities

The focus of government communications must be on areas where the Government has direct and significant responsibilities, i.e. explaining government policy and decisions, or alerting the public during times of crisis. Government communication needs to be justified in these terms, and not stray into areas which are party political or which cannot be linked back to core government responsibilities. If you have any concerns, doubts or questions, you are strongly encouraged to discuss these with your Director or Head of Communications.

2. Government communication should be objective and explanatory, not biased or polemical

It is important that any information shared with the public, either directly or via the media, is as objective as possible. As set out above, government communications should seek to explain the decisions of the government of the day in a balanced and objective way. It should not be biased in terms of how the information is presented or what is shared with the public. Government communications should not attack or be critical of groups which may oppose a decision or policy. This is what we mean when we refer to government communications as not being polemical in tone. This would not be an acceptable use of government resources and risks affecting the ability of civil servants to work with such groups constructively either now or in the future.

3. Government communication should not be – or liable to be – misrepresented as being party political

As a civil servant, it is our duty to present and describe the policies of a minister, and to put forward the minister’s justification in defence of them. However, it would not be appropriate to justify or defend those policies in party political terms. As set out above, whilst it may be necessary to respond to the policies or opinions of opposition parties and groups, this should be done carefully, factually and objectively.

Whilst it is possible that a well-founded publicity campaign can create political credit for the party in government, this must not be the primary or a significant purpose of government communication activities. In addition, whilst it may be right to acknowledge the part played by individual ministers, personal image-making must be avoided.

An example of where propriety and ethics considerations need to be especially carefully thought through is when communications teams are asked to produce constituency-specific materials.

Ministers or special advisers may ask government communications teams to produce briefing materials, including graphics, for specific geographical areas or constituencies. In this scenario it is very important that clear justification, supported by factual evidence, is set out as to why the communication of government policy or decisions may be needed with audiences in that specific area.

To ensure there is no risk to your communication team’s impartiality, or perceived impartiality, GCS and Cabinet Office guidance is as follows:

As the accounting officer, the Permanent Secretary is the ultimate decision-maker
The material should be genuinely cross-party, a justifiable use of public funds, and compatible with the overall government communications propriety guidance
If the project is likely to use official information not already in the public domain, ministerial authorisation to share it must be obtained
The material must be presented objectively and impartially; in terms of objectivity, graphics must be an accurate representation of the facts
The selection of constituencies should be impartial and based on government policy and factual evidence from the department. It cannot be used as a way to promote a particular political party’s agenda
Check and adhere to any specific pieces of guidance for statistical and social research activities (generally and in the particular circumstances of political events such as elections or referendums).

4. Government communication should be conducted in an economic and appropriate way and should be able to justify the costs as expenditure of public funds

The government is accountable to Parliament for the use it makes of Civil Service staff or other public resources or expenditure. The resources employed should be proportional to the objectives or policy of the programme involved and justifiable on value-for-money grounds.

Government communication teams should follow GCS guidance on how to deliver effective campaigns, specifically the OASIS campaign planning framework and the GCS Evaluation Cycle. In addition, all campaigns or programmes which involve expenditure over £100,000 over a financial year need approval via Cabinet Office Advertising, Marketing and Communication spending controls before spend is committed. All communications expenditure must be carefully justified.

Ministers and the press office

It is the duty of media officers to communicate the policies of their department to the public through the media and to try to ensure that the policies are understood. The communication must always reflect the ministerial line clearly, even where policies are opposed by opposition parties.

As part of the government’s duty to govern, it needs to explain its policies and decisions to the electorate. The government has the right to expect the department to further its policies and objectives, regardless of how politically controversial they might be.

Media officers have a duty to abide by the Civil Service Code and to remain objective and impartial, especially when dealing with politically controversial issues.

Press office dos and don’ts

To work effectively, media officers must establish their impartiality and neutrality with the news media, and ensure that they deal with all news media even-handedly. Central to the media officer’s specific role is the responsibility to help the public – by helping journalists – to understand the policies of the government of the day.

Do:

Present, describe and justify the thinking behind the policies of the Minister
Be ready to promote the policies of the department and the Government as a whole
Make as positive a case as the facts warrant
Speak on the record as a departmental spokesperson wherever possible, and avoid unattributed quotes
Insist that all political aspects are handled by the party political press office or Special Adviser
Feel free to discuss any aspect of propriety with your Head of News and Director of Communications.

Don’t:

Justify or defend policies in party political terms
Expressly advance any policy as belonging to a particular political party
Directly attack the policies and opinions of opposition parties and groups (although on occasion it may be necessary to respond in specific terms)
Oversell policies, re-announce achievements or investments and claim them as new or otherwise attempt to mislead the public.

On a day-to-day basis, media officers should take particular care when handling:

Decisions taken by ministers fulfilling their statutory responsibilities which directly affect individuals or groups. These must be handled with particular care, to secure an impartial and objective presentation of the case that avoids inaccuracy, inconsistency or bias
Ministerial speeches or statements
Ministers using the Press Office to ensure that their policy and actions are explained and presented in a positive light. Ministers can do this, but care must be taken that any press activity is designed to further government objectives.

Working with ministers

Working with ministers can be exciting and rewarding, and often leads to government communicators becoming highly motivated and involved. As civil servants, government communicators must abide by their obligations under the Civil Service Code at all times.

The Ministerial Code sets out that ministers must not use government resources for party political purposes, must uphold the political impartiality of the civil service, and must not ask civil servants to act in a way that would conflict with the Civil Service Code.

The government has the right to expect the full support of the Civil Service to explain its policies and objectives, however, public resources cannot be used for building ministers’ personal image and brands, which is the province of the minister’s political party.

Individually, communicators must behave in a way that will allow them to work for any future minister of any future government. They must also work effectively as part of a team that includes ministers, Special Advisers and other government communicators inside and outside their department.

If you’re unsure or need any more clarity on roles and responsibilities, the Director of Communications, who is responsible to the Permanent Secretary Director for Government Communications, for supporting government communicators, should provide the necessary support and advice.

Party conferences

All civil servants should refer to the Cabinet Office guidance on party conferences, which explains in full these guiding principles:

Civil servants are prohibited from attending party conferences in an official capacity except in very exceptional circumstances. These would be where their presence may be required to carry out essential departmental business unconnected with the conference. Any such attendance must be approved in advance by the Permanent Secretary.
Ministers can request and receive a factual brief explaining departmental policies or actions for the purposes of the party conference. Equally, if requested, civil servants may check ministers’ conference speeches for factual accuracy in respect of departmental policies or actions. However, civil servants must not draft conference speeches.
If a government announcement is due to be made during a party conference, press releases and media briefings can be made in support of the announcement to explain the policy change in the usual way. Care should be taken to ensure that all announcements have been through proper processes and are based on official advice. Government announcements, as always, must not include party political content.
Any social media should follow the text of the gov.uk announcement rather than drawing on conference clips or wording:
- Party Political: for original messages and social media posts check there is nothing party political within the body of the message or contained within links. Official accounts must not be used for the further dissemination of messages from party political or otherwise partisan accounts.
- Partisan: government communicators are able to represent the views and opinions of Ministers only as they relate to HM Government, department issues and policies.
- Appropriate use of public funds: any content produced by the civil service must be relevant to government responsibilities and priorities and a justifiable use of public funds. The same principle applies to photography and social media content. Photographs taken and published by No10 and departmental photographers are in the public domain and any organisation can use them.

If you have any queries or concerns please seek advice from your Director of Communications in the first instance, who can seek further advice from the Permanent Secretary’s office.

Issuing official speeches and texts

To some extent, the venue for Ministerial speeches will determine whether or not texts can be issued by departments. Speeches made at conferences, rallies or occasions organised by political parties should usually be issued by party press offices. All other speeches can be issued as official texts – unless they contain party political messages. Any party political messaging should be removed before publication on gov.uk.

Announcing new policies

Any announcement of a new policy must always respect the primacy of Parliament. If a Minister announces a new policy outside the House, they risk being reprimanded by the Speaker.

The announcement must reach all MPs via an answer to a Parliamentary Question or a statement. An answer or statement must clearly state the timing of the announcement and copies of relevant material must be available in the Houses of Parliament at that time. Departmental parliamentary clerks are able to offer advice on this.

In recess, a press notice can be used if it is copied to the relevant select committee chair and placed in the Library of the House. Please note that the party conference season will take place during recess.

In the sense that government communicators work directly with and for Ministers, who are politically motivated, government communications cannot be completely free of political content. But at all times it is essential to remember that, as civil servants, government communicators cannot join the political battle.

Government communicators regardless of discipline should do nothing that leaves Ministers and the department open to criticism in this respect.

Ministers’ private interests

Journalists do not discriminate between official and private activity, which means that government communicators may find themselves dealing with enquiries about Ministers’ holidays, families and other issues, possibly during official duties such as press briefings on policy change. Normally these would be dealt with by the Minister’s constituency office, but if the enquiry is about a minor matter, the Press Office can deal with it, if the Minister wishes.

If you are unclear or need help, please consult your Director of Communications who may want to consult the Permanent Secretary.

Supporting a ministerial event or visit

Ministerial visits are an important part of the work of any department. Visits enable Ministers to see the impact of policy decisions first-hand and allow them to engage with a range of stakeholders face-to-face. There should always be a clear line between an official ministerial visit and any political elements. No civil service support should be used for the political elements of any visit.

Party political colleagues should make their own arrangements for managing press materials, contacting hosts and stakeholders, and requesting permission to film.

Using content from official ministerial visits

If party political colleagues request to attend a scheduled ministerial visit to capture footage for party political reasons there must be a clear demarcation between the official and political aspects of the visit.

This means that:

Party political filming should not be allowed during the official visit.
Any footage or images captured by a Special Adviser whilst working as a temporary civil servant in an official capacity cannot be used at a later date for party political purposes.
If content has already been published on government channels, and is therefore in the public domain, political colleagues may then use it. However, unpublished, raw footage (rushes), b-roll or any government resources should not be made available to make video content for political purposes.

If you are unsure about any aspect of a ministerial visit you should seek advice from your Director of Communications.

Digital technology has revolutionised the way in which people communicate and share information at local, national and international levels. Civil servants need to understand these changes, and their impact, so that they can operate effectively in a dynamic media environment. The role of His Majesty’s Government (HMG) digital teams is to find the most effective way to reach the public via digital channels with our most important messages. With that in mind digital teams will produce content for government owned channels as well as arranging innovative, collaborative partnerships with digital media, influencers and creators to engage audiences who don’t follow our accounts.

The principles covering the use of social media by civil servants in both an official and personal capacity are the same as those that apply to any other media. Civil servants must adhere to the Civil Service Code online, as well as offline. Social media is a public forum and the same considerations apply as would to speaking in public or writing something for publication, either officially or in a personal capacity outside of work.

Any content produced by the Civil Service must be relevant to government responsibilities and a justifiable use of public funds. The same principle applies to social media content and photography. Photographs taken and published by No10 and departmental photographers are public domain and any organisation can use them.

Five key things to remember

Here are five things to bear in mind when using social and digital media, either at work or in a personal capacity:

Common sense: social media helps us work openly and connect with the citizens we serve – apply common sense. If you have any doubts, don’t post it.
Adhere to the Civil Service Code: apply the same standards online as are required offline, whether acting in an official or personal capacity.
Accuracy: check the accuracy and sensitivity of what you are posting before pressing submit.
Permanence: remember that once something is posted online, it’s very difficult to remove it.
Align resources with priorities: team resources should be allocated based on delivering departmental and Ministerial priorities.

It may be useful to read the Government Digital Service’s Social Media Playbook, which makes the case for using social media and provides helpful practical tips on creating and running social media accounts.

Guidance on ministerial social media accounts

It may be appropriate for content produced for government accounts to be shared on ministerial accounts to help maximise impact. Where this is the case, Ministers may only draw on official content already released. Content created by civil servants should always be used as part of official government communications before being repurposed by Special Advisers or Ministers for political purposes.

Where Ministers do choose to repost such content, care must be taken to ensure that official resources are not being used for party political purposes (e.g. no tagging of political figures or parties, and no political slogans).

Checklist for running a departmental or policy social media account

Party Political: for original messages and reposts, check that there is nothing party political within the body of the message or contained within links. Official accounts must not be used for the further dissemination of messages from party political or otherwise partisan accounts.
Opinions: Government communicators are able to represent the views and opinions of Ministers only as they relate to HM Government, department issues and policies.
Parliament: at all times government communicators must respect the primacy of Parliament. This means, for example, that a policy cannot be announced on social media before Parliament has been informed.
Polemical: be sensitive to tone and guard against perceived attacks on particular interests, organisations or individuals.
Understanding: don’t act on autopilot; ensure that you have read and fully understand messages before reposting.
Commercial: we encourage activity that promotes UK trade and economic growth, and we support partnership working with business, the wider public and private sectors. We do not provide links that offer undue endorsement, or may be perceived as offering unfair commercial advantage to third parties.
Confidential: at all times respect confidentiality, financial, legal and personal information. Do not discuss policy that has yet to be announced. Do not discuss ministerial movements.
Personal: do not disclose personal information about Ministers or about yourself. An informal tone of voice is often desirable within agreed boundaries, but remember that when using official accounts you are the voice of the department. Do not make personal comments or respond to someone being abusive about you, the department or Ministers.
Isolation: posts need to have links and context. For example, to help ensure it makes sense, wherever possible a media rebuttal should link to the story you’re responding to.
Remember you are representing your department and you should therefore apply the same high standards of accuracy as for all other official communications.

Work-related personal accounts

It is often appropriate for named civil servants to run a work-related social media account, particularly where a civil servant has some form of public profile or is using social media in a direct work-related capacity – for example, in open policy making.

The above checklist applies to such accounts which must operate in accordance with the Civil Service Code, social media guidance for civil servants and relevant departmental guidance.

Please remember:

People reply to and comment on government posts: to be effective social media must be considered a two-way communication channel.
News and campaigns are only a small proportion of the government’s social media use. Social media channels are used for customer contact and to support strategic policy and delivery priorities. At all times ensure that messages adhere to any agreed house style, and are polite and helpful.

Use of statistics

It may be appropriate for content produced for social media channels to use statistics in the form of graphs, charts or tables, in order to provide evidence for the impact of government policies and initiatives and to deliver on communications objectives.

When visualising statistics it is important that civil servants do this in a way that is accurate, contextual and officially sourced.

Any charts, tables or images which include statistics should be subject to enhanced clearance processes including, if necessary, escalation to your Director of Communications or Permanent Secretary.

Paid social media

It may be appropriate for digital teams to utilise paid-for social media boosting in order to help their content reach intended audiences and support the delivery of policy and communications objectives.

If there is clear and demonstrable evidence that this is the most efficient way to engage hard-to-reach audiences with important government messaging, a business case should be submitted to your Director of Communications for approval.

The use of paid social media should only be deployed to help achieve a SMART communications objective, not just to amplify content to improve social media engagement metrics.

Marketing and publicity

The propriety challenges facing government communicators who work in marketing and publicity may be more subtle than for those working with ministers, but they are no less important. A substantial amount of public funds are spent on campaigns every year. It is essential that the cost of this paid publicity can be justified and reflects best practices.

The Government has a duty to inform the public about legislation, policies, the services available to them and their rights and liabilities. All communications and marketing programmes must be considered in the light of propriety and value for money. Government communicators are advised to keep a record of the options considered and the rationale for the decision taken.

Paid publicity may be used where the Government believes that a direct approach to the public is needed to give more information about particular issues and policies. This type of publicity is wide ranging and may follow legislation which has given the public new entitlements or obligations. Whatever the publicity is for, it needs to comply with Ofcom regulations on television and radio advertising.

All paid publicity work must be objective, factual, appropriate and intended to communicate government policies. It should not be, or appear to be, used for party political purposes. This applies to all aspects of the work, including content, context, treatment, style, tone and quality of presentation. The cost of any paid publicity must be justified and in proportion to the message being communicated.

The Government also has a responsibility and a right to use publicity to encourage behaviour that is in the public interest (for example crime prevention or road safety advertising). These campaigns may include a wide range of media channels and techniques to engage with audiences in a timely, appropriate and effective manner. Some of these simply provide factual information and practical advice, but others need to be more persuasive in content and presentation. Similar publicity is used to explain changes in the law that affect individuals or businesses, or the work of their professional advisers and intermediaries e.g. accountants, tax advisers, Citizens Advice Bureaux, etc.

There may be some sensitivity where the matters publicised are the product of controversial legislation or potentially controversial policies. However, the Government has a responsibility to inform the public of policy and legislative changes. Government communicators must ensure that the information is presented in an objective way that concentrates on informing the public about the content of legislation and how it affects them.

The Government may use a variety of media, including paid and unpaid publicity, to achieve its objectives.

Papers, briefings and documents set out what the Government is doing and what it wants to achieve and may cover topics that are politically controversial. In this case, government communicators must ensure that the content and tone remain objective, impartial and within the rules of the Civil Service Code.

Paid publicity essentials

Make sure that the topic is relevant to the Government’s responsibilities
Make sure that the resources used are proportional to the objectives, affordable and represent good value for money.
Use the principles set out in the guide to campaign planning: OASIS when developing, delivering and evaluating all government communication campaigns.
Consider whether the objectives of any paid publicity can be achieved through existing government channels, e.g. parliamentary announcements, Ministerial speeches or regular publications
Consider whether communications objectives may be achieved through partnership with other departments, wider public and private sector organisations
Encourage creativity to make the most of limited budgets
Stick to facts and avoid political bias
Make sure that the communication is not used for party political purposes
Keep a record of the options considered for the campaign and the rationale for the decision taken. Ensure that all campaigns with spend higher than £100,000 follow the Cabinet Office advertising, marketing and communications (AMC) spending controls. More information is below under ‘Justifying the costs of paid publicity’.
Observe parliamentary privilege, particularly when arranging publicity for White Papers or other, similar, documents
Remember that not all legislative proposals are automatically approved by Parliament.

Distribution of unsolicited material

Distribution of unsolicited material must be carefully controlled. As a general rule, publicity touching on politically controversial issues should not reach members of the public unsolicited, except where the information clearly and directly affects their interests.

Justifying the costs of paid publicity

Spending public money on direct communication with the public can be one of the areas most sensitive to propriety issues.

It is right and proper for government to use public funds and resources for publicity and advertising to explain their policies and to inform the public of the government services available to them and of their rights and liabilities. However, these resources may not be used to support publicity for party political purposes.

This rule governs not only decisions about what may or may not be published, but also the content, style and distribution of what is published.

The tests on value for money must be applied, and the costs of paid publicity must be justified.

Cabinet Office spending controls help organisations to reduce unnecessary spending and encourage cross-government collaboration. The controls cover many different areas of spending, including advertising, marketing and communications (AMC).

The AMC spending controls apply to campaigns, projects or programmes with planned communications expenditure of £100,000 or more within a financial year (FY) and must be followed.

Ofcom guidance on advertising

Political advertising is covered by the Communications Act 2003 and is regulated by the Office of Communications (Ofcom). Publicity campaign managers need to ensure that any paid-for information complies with the Act.

Publicity managers should be aware that Ofcom has retained responsibility for the regulation of political advertising. In all other respects, the regulation of broadcast (in addition to non-broadcast) advertising passed to the Advertising Standards Authority (ASA) on 1 November 2004.

The UK Code of Broadcast Advertising (BCAP Code) outlines the rules on political advertising. The Ofcom’s Broadcasting Code outlines the rules on sponsorship credit.

The Communications Act contains the following requirements in relation to the regulation of political advertising (which could include government information campaigns):

Information campaigns should not be directed towards a political end or be of a political nature
Information campaigns should not be partial
Information campaigns should not promote (i.e. sell) a government policy
Information campaigns should not influence public opinion on a matter which is, in the United Kingdom, a matter of public controversy.

Although not explicitly spelt out in the Act, the following further guidance is included regarding areas that could be problematic and therefore likely to be referred by the regulator to Ofcom:

Information campaigns cannot be used to list the Government’s achievements
Information campaigns cannot be used to provide balance to an argument or to put the record straight (e.g. in the case of biased or inaccurate media reporting)
Approval for information campaigns may be withdrawn by the regulator (ASA) on the advice of Ofcom, if the campaign itself creates genuine public controversy

Direct marketing

Direct marketing is a term used to cover publicity methods that either involve a direct approach to an individual or seek a response directly from an individual.

The Government uses direct marketing when it needs to communicate directly with a specific target audience.

Direct marketing is a valuable, cost-effective, measurable media channel. However, when unsolicited, it can be regarded as intrusive and a nuisance. Inappropriate use in the past by commercial organisations has led to unsolicited material being labelled as junk mail or, in the case of digital activity, spam. This has created resistance among some recipients.

The appropriate use of direct marketing

Direct marketing techniques are a valuable part of the range of publicity media available to government, often offering cost-effective and measurable solutions to many publicity problems. However, some of the techniques are seen as intrusive, and some commercial users have sent out material to inappropriate recipients. Against this background, departments must take care if they are to obtain the benefits while avoiding criticism.

As a publicity medium, direct marketing is covered by the general guidance on government publicity. As that guidance makes clear, it is unlikely that the unsolicited distribution of material about policies that require – but have not obtained – parliamentary approval will be considered proper. In other cases, direct marketing may be appropriate.

Criteria for using direct marketing

Before embarking on a direct marketing initiative, departments must satisfy themselves that its use can be justified according to the following criteria:

Is direct marketing appropriate for the campaign and is its use within the general guidance on propriety and value for money?
Will the direct distribution of material be considered over-intrusive by recipients?
Are suitable, reliable and accurate address lists available, and will their use be within GDPR guidelines?
Are other departments planning to approach the same audience over the period of the campaign? Are there opportunities to piggyback on existing mail shots and other departmental communications e.g. newsletters, notifications.

Further guidance: the Direct Marketing (DM) Code

The Data and Marketing (DM) Code is the direct marketing industry’s most far-reaching set of best practice guidelines, and is upheld by the industry’s independent self-regulatory body, the Direct Marketing Commission.

Public relations consultancy

Government departments can use PR consultancies or agencies for some work, provided that certain criteria are met. Please refer to guidance on procurement set out in MCOM 3.0 which sets out that government frameworks must be used for the purchasing of external advertising, marketing and communications services and support.

Buying communication support will also help determine which framework is correct to use.

Using PR consultancies

As a general rule, PR consultancies:

Cannot represent Ministers. Only civil servants who are directly controlled and answerable to Ministers may explain Ministers’ policies and deal with the media or others on their behalf
Cannot be used for any task that would be improper for a civil servant, such as opinion-forming in political support of Ministers or image-building
Must not be used when internal resources are available for the task

There are some tasks for which a PR consultancy might properly be employed. However, the nature of the work should drive the selection of the consultancy, not the name of the PR firm. For example, financial PR agencies have been engaged on a consultancy basis in the privatisation of nationalised industry, following Parliament’s approval of the privatisation. Other PR agencies have been used for design and other presentational purposes, such as support for publicity campaigns of a strictly uncontentious nature.

The use of a PR consultancy or agency must meet all propriety, procurement and value-for-money criteria. Within these parameters, PR consultancies can be used to help deliver strictly non-contentious publicity programmes

Criteria for appointing a PR consultancy

Before engaging a PR consultancy, departments must satisfy themselves that the appointment meets the following criteria:

Is the task to be done relevant to government responsibilities?
Could it be carried out by the Government’s own employees? If not, can the appointment of a consultancy be justified as a cost-effective way of reaching the target audience and provide the best value for money?
Does the use of a consultancy, in this case, comply with the rules of propriety?
Is the task discrete and closely defined?
Are the supervisory arrangements adequate to keep the consultancy to its brief?
Are the arrangements for the appointment thorough and clear?

Written brief

If you are using an outside PR agency, it is important to have a clear and concise brief. The brief should cover background details and research, objectives and aims, target audiences, markets and resources. Make sure it also includes a timetable, budget, any particular constraints and considerations – and evaluation techniques.

Seeking advice

If departments have any doubts about the propriety of engaging a PR consultant, they should seek the advice of their departmental Director of Communications, who may turn to the Executive Director for Government Communication as Head of Profession.

Commercial and legal sensitivity

The purpose of this section is to provide guidance on legal and other restrictions that can affect the reporting of civil and criminal proceedings, and demonstrate how to deal with media enquiries about criminal cases.

Be aware of the potential sensitivities affecting civil and criminal proceedings and commercially sensitive information
Understand the restrictions that affect news reporting of such information
Ensure that reporters are made aware of these restrictions, whenever necessary
Always check with legal advisers or appropriate officials before using advice that has not been updated very recently.

Commercially sensitive information

There are legal constraints governing the release of some commercially sensitive information. The implications for communicators can be very important. The unsanctioned release of certain categories of information can result in legal action against the offender.

The two types of information that require such careful handling are ‘commercial in confidence’ and ‘market-sensitive’ information.

Commercial confidentiality

‘Commercial confidentiality’ usually relates to information surrounding the negotiation of contracts where price is the determining factor. Such information has a bearing on the fairness of contract negotiations and could be of advantage to others involved in negotiations.

Market sensitivity

‘Market sensitivity’ refers to information that could affect share prices or the value of sterling and/or exchange rates. Some examples of market-sensitive information are:

Merger decisions – either referral to the Competition Commission or their clearance by the Secretary of State for Trade and Industry
Decisions by the utility regulators
The release of official statistics, such as the retail prices index.

In such cases, information is usually released at a time when markets are not trading or in such a way that ensures an orderly market. This is usually achieved through the use of the London Stock Exchange’s regulatory news service (RNS) , which is disseminated digitally to the market. The RNS ensures that announcements, particularly those that might affect market activity and the price of securities, are validated and communicated promptly. Where relevant, the London Stock Exchange and Department for Business and Trade (DBT) Press Offices encourage communications officers to seek advice on this issue.

Criminal proceedings

Some departments conduct criminal prosecutions. As well as presenting and dealing with queries about policies and performance, their communications officers will also need to deal with media interest in particular cases.

There are statutory and common-law restraints, as well as specific reporting restrictions – temporary or permanent – which the court may impose on particular cases.

Great care must be taken when providing background information or promoting the work of the organisation to ensure that no information is given that could prejudice proceedings, identify protected victims or witnesses, or otherwise give rise to contempt of court.

Journalists, editors and their legal advisers should be aware of the restrictions that govern the reporting of proceedings and it is their responsibility to ensure that published material is within the legal requirements that apply to that case. But government communicators representing prosecuting authorities have a particular responsibility to know and respect the rules and restrictions that apply, particularly when seeking to attract media interest or briefing on a background basis.

Government communicators operating within these rules should be fully trained and have ready access to advice about what can and cannot be reported about criminal proceedings.

The following is a summary of the main considerations and reporting restraints. A useful source of further information is the book McNae’s Essential Law for Journalists.

Reporting restrictions under the Magistrates’ Courts Act – ‘sub judice’

Once legal proceedings are active – i.e. from arrest or issue of a warrant for arrest right through the magistrates’ court or Crown Court – reporting restrictions apply. Restrictions lapse after sentence, but if an appeal is lodged, legal proceedings are active again.

After arrest and charge, and before trial, the media may report only the following information:

the name of the court and names of the magistrates
the names, addresses and occupations of the parties and witnesses and ages of the accused and witnesses
the offence(s), or a summary of them, with which the accused is charged
the names of counsel and solicitors in the proceedings
any decision to commit the accused, or any of the accused, to trial and any decision on the disposal of the case of those not committed
the committal charges, or a summary of them
the court to which the case is committed
in cases where proceedings are adjourned, the date and place to which they are adjourned
whether bail has been granted and any conditions (but not the reasons for its being opposed or refused)
whether legal aid was granted.

At this stage, government communicators should release no more than this information to the media.

There are tighter restrictions on the reporting of cases involving juveniles and sexual offences. The rules are complex and, if necessary, you should consult reference books or a lawyer.

The accused can apply to have the reporting restrictions lifted. In this case, the magistrates are required to make an order to lift them. If there is more than one accused, they all have the opportunity to make representations before a decision is taken.

It is not advisable to release or confirm the name of a person who has been arrested until they have been charged. This is because that person may not be charged and may complain that they have been tried and convicted by the media. It is not appropriate to give the race, colour, religion or sexual orientation of the defendant unless it is directly relevant to the prosecution.

Contempt of court

During a trial, the media are entitled to publish or broadcast a fair and accurate report of legal proceedings held in public while proceedings are active (Section 4(1), Contempt of Court Act 1981). This means the evidence is given in open court. Often journalists who have not attended court will ask what happened. Be careful, as you will not know exactly what has been said unless you were present.

You must not give details of evidence that has not been given in open court or that has been excluded by the judge.

A judge or magistrate can impose reporting restrictions, particularly in cases involving children and young people, or if future proceedings may be prejudiced by reports of the current trial. Journalists are responsible for complying with these restrictions. The court has a responsibility to display Contempt Orders and Orders under the Children and Young Persons Act publicly, and inform journalists about them on request.

What happens if these reporting restrictions are breached?

If you give information that is subject to an Order restricting publication, and the media publish or broadcast it, proceedings for contempt may be brought against the publisher or broadcaster. You may find yourself mentioned by name in those proceedings and you and your department will be criticised and reported to the Attorney General. The defendant may argue that they cannot get a fair trial and the judge may agree and order an acquittal.

Pre-trial briefings

Pre-trial briefings by government officials or lawyers should be given only in exceptional circumstances, as there could be a risk of substantial prejudice to the trial. In addition, the defence may ask for material to be disclosed to them. You should seek advice from senior lawyers, and the consent of Ministers or the head of the organisation. Any briefing should be limited to carefully selected journalists and should be strictly controlled. Details of evidence should not be given. Journalists must sign an undertaking not to use any of the background information until after the verdict. Briefings during the judge’s summing up, after all the evidence has been given, are usually preferable.

There is usually no problem with holding on-the-record briefings or press conferences or issuing statements or press releases after the verdict, but bear in mind that there may be an appeal.

Counsel’s opening speech, which summarises the prosecution case, maybe
released to the media on a ‘check against delivery’ basis, so that it can be published after the jury has heard it.

Reporting breaches or contempt of court

If you believe a report of a criminal case in which your department is involved may be in contempt, or in breach of the restrictions in the magistrates’ court, or if you hear of any forthcoming report which may cause concern, you should obtain all the information you can and contact the lawyer involved as soon as possible. If the report has already appeared, the Crown’s lawyer will consider whether it should be drawn to the attention of the judge or magistrate. If the report has not yet been published or broadcast, an injunction may be sought. This is a matter for the law officers.

Guidance has been prepared by the Treasury Solicitor on the correct procedures for communications officers. It is advisable to keep a copy for out-of-hours duty.

Civil proceedings

Civil cases are usually heard by judges sitting without a jury, but there are some exceptions to this rule.

Civil jury trials seldom involve government departments directly. The exceptions are civil cases heard by a jury and relating to:

libel
slander
actions against the police for alleged wrongful arrest, assault and malicious prosecution.

Judicial review

The area of civil law in which departments are most likely to become involved is judicial review. Judicial review is the procedure by which decisions by the executive can be challenged on the grounds of irrationality, perversity, breach of natural justice and procedural impropriety. Such actions often name the relevant Secretary of State, which leads the media to request statements from the department.

Judicial reviews are frequently brought on behalf of individuals, with the support of pressure groups that are recognised by the courts as having the necessary legal standing to bring proceedings in matters concerning them, even though they are not directly affected by the decision under review.

Judicial reviews may themselves be the subject of review by a higher court (the House of Lords or the European Court of Justice), in which case there is little substantive comment that may be made by government spokespeople. Nevertheless, communicators would be well advised to keep a close eye on matters that may call for a response from the department.

The legislative environment

The day-to-day work of government communicators must be understood in the wider context of the legislative environment. There is a range of legislation relating to the work of government communicators and they should, at least, have awareness of data protection, Welsh language, disability discrimination, freedom of information and copyright.

The work of government communicators must:

conform to the principles of the Data Protection Act
deliver information in ways that meet the specific requirements of people with disabilities
where appropriate and reasonably practicable, treat the Welsh language as equal with English, and not just as a translation
be aware of the Freedom of Information Act
for all commissioned material, consider seeking a formal assignment of copyright in favour of the Crown
keep up to date on current legislative changes.

Data protection

Government communicators must ensure that their work conforms to the principles of the Data Protection Act 2018. This act controls how personal information is used by organisations, businesses and government, and every government communicator must have an understanding of the eight data protection principles. This includes when it is necessary to complete a Data Protection Impact Assessment (DPIA). Please refer to ICO guidance on when this is required.

MCOM contains further information about the Data Protection Act 2018 and your obligations under it as government communicators.

Duties under the Equality Act 2010

The Equality Act 2010 aims to protect individuals from discrimination or unfair treatment on the basis of their protected characteristics. The nine protected characteristics under the Act are:

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

The Public Sector Equality Duty

The Public Sector Equality Duty (PSED) places a legal obligation on the public bodies (and those performing functions on behalf of them) to consider how any policy or decision affects people who are protected under the Equality Act.

There are three aims of the Public Sector Equality Duty (set out in Section 149 (1):

eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Government Communications accessibility standards

As government communicators, we all have a responsibility to create accessible and inclusive communications.

The Equality Act 2010 requires the government to make reasonable adjustments to ensure that everyone has equal access to information, goods and services. If your communication is about something that will affect disabled people, or they are entitled to know or be included in, you will need to ensure that you have done as much as can be reasonably expected to ensure they can access and respond to the information.

GCS has set out accessibility standards which all government communications content should meet. The standards also help you to think through how you can make your content inclusive to different audiences, so that it has a wider and more effective impact.

British Sign Language Act 2022

In 2022, the British Sign Language (BSL) Act became law, meaning that British Sign Language (BSL) is a recognised language of the UK. The BSL Act requires ministerial departments to report on their use and promotion of BSL in public announcements on policy or changes to the law, including:

publication of plans, strategies, policy and other consultations and consultation responses
press conferences
social media and
websites

There is no statutory requirement for all government communications to be translated into BSL. But, all government departments are expected to consider where the use of BSL will be of most interest and importance to Deaf BSL users.

Government Communications BSL guidance to support government communicators, policy officials and others to provide BSL content to those who need it.

Welsh language

The Welsh Language Act 1993 applies to public bodies that provide a service to the public in Wales. Although government departments and Crown bodies are not bound by statute to adhere to the Act, the Government gave an undertaking that they would do so. This applies when the service is provided to people in Wales, regardless of the location of the supplier. The principle of the Act is that: ‘In Wales, the English and Welsh languages should be treated on the basis of equality.’ Welsh should not be treated just as a translation if it is appropriate and reasonably practicable for it to be treated with equality.

Government departments, Crown bodies and those public bodies covered by the Act are under an obligation to draw up a scheme for approval by the Welsh Language Board (established under the Act). It was stated that schemes should include measures that:

are descriptions of the services available in Wales
are practical arrangements
put in place an implementation and monitoring framework
include an implementation timetable
are more than policy statements.

The Welsh Language (Wales) Measure 2011 (the Measure) modernised the existing legal framework regarding the use of the Welsh language in the delivery of public services. It includes provision about the official status of the Welsh language and sets out that the Welsh language is treated no less favourably than the English language.

You are advised to check whether your department’s scheme has been submitted and approved. If this is the case, you must ensure compliance.

Freedom of information

The Freedom of Information Act 2000 came fully into force on 1 January 2005. The Act creates a statutory right of access to information on regional and local public bodies, including central and local government, the health and education sectors, the armed forces and the police. The Act allows any individual, anywhere, the right to have access to information held in any form by a public authority, subject to 23 exemptions to protect information that should properly be kept confidential. The right of access is fully retrospective.

Decisions on disclosure under the Act should be based on a presumption of openness. The majority of exemptions are subject to a public interest test (where the public authority may only use the exemption if the public interest in withholding the information outweighs the public interest in disclosure).

More information about the Act can be found on the Office of the Information Commissioner’s website.

Copyright

The first copyright in publicity and information work which has originated outside government would usually be owned by the originator or their employer. The fact that a department may have commissioned and paid for the work to be produced does not automatically give the department any rights of ownership to the material. Any reproduction of the material by the department requires the consent of the originator.

Departments that commission material should consider seeking a formal assignment of copyright in favour of the Crown. This gives the department the freedom to allow other contractors to use the material without payment to the original designer or writer. It also gives the department the power to prevent misuse of the material by the contractor or third parties.

In most cases, the department will wish to waive copyright on the material and allow the public free use of it – but it cannot do this unless it owns the copyright. On rare occasions, when commercial exploitation of the material is possible, copyright allows the department to benefit, rather than the contractor.

The National Archives has produced guidance on copyright in works commissioned by the Crown.

Procedures

Government departments have a responsibility for ensuring that the conventions on propriety are observed and that value for money is being achieved. The principal source of advice to Ministers and heads of departments is the departmental Director of Communications.

Officials planning publicity or advertising campaigns should consult their departmental Director of Communications at the earliest stage and Heads of Department should ensure that the Director of Communications and the finance division have sufficient opportunity to advise on proposals for paid publicity. All proposals for paid activity are subject to scrutiny and expenditure is only permitted where:

The Government has a legal duty to provide people with information, such as changes to legislation or public services
Marketing and advertising are critical to the effective running of the Government
There is robust evidence that marketing and advertising deliver measurable outcomes that meet government objectives.

No contractual arrangements with third-party suppliers can be entered into without prior approval under the terms of the controls.

If the departmental arrangements work well, the need for reference to central advice on propriety should be very limited. Central advice should be sought in the following three distinct circumstances:

If a publicity proposal falls into a category where central reference is mandatory, as is at present the case for paid publicity in advance of legislative approval
If a proposal is novel or contentious in expenditure terms, in which case early reference to the Cabinet Office team who administers the AMC spending controls is advised
Where a Minister, Head of Department or Director of Communications wants a second opinion on the compatibility of a proposal with the current central guidance.

Departments may wish to seek professional advice on the most appropriate and effective ways of meeting their publicity objectives.

Directors of Communications can provide this advice both directly and in consultation with the wide range of private sector specialists that they commission and manage.

Directors of Communications regularly exchange advice and experience with their opposite numbers in other government departments and can consult the GCS propriety team and the Executive Director for Government Communication on matters of communications propriety, if required. They will advise if the matter needs further consideration by the Propriety and Ethics Team in the Cabinet Office, or by the Head of the Home Civil Service.

Government publicity for proposals which are, or may become, the subject of legislation in Parliament remains a particularly sensitive area. Until such measures have become law, any government publicity must neither assume nor anticipate parliamentary approval. Ministers should make sure that all proposals for paid publicity (including, for example, leaflets) which refer to legislation in advance of parliamentary approval, together with the proposed distribution of the material, are considered by the Cabinet Secretary and copied to the Minister for the Cabinet Office.

Recruitment

Paid publicity is used extensively by the Government to recruit people for various front-line public services. This is generally non-controversial, but the cost must still be justified.

Value for money

As with any other kind of public expenditure, responsibility for ensuring the economy, efficiency and effectiveness of a publicity proposal lies with departments.

The Accounting Officer’s general value-for-money responsibility is, if anything, more acute in this area because of the high visibility of public expenditure and the potential intangibility of results. A rigorous examination of all proposals for publicity expenditure, starting from first principles, is therefore essential.

In addition, all proposals for paid activities are subject to scrutiny.

Legal position

Central government departments, unlike local authorities, do not rely on any specific statutory authority to spend money on advertising and publicity. Their use of publicity is covered by the principle that the Crown – and Ministers of the Crown as its agents – can do anything an ordinary person can do, provided that there is no statute to the contrary and Parliament has voted the money. The safeguard is, of course, the Government’s accountability to Parliament for all that it does and spends.

How to raise a concern

Here’s how you, as a member of Government Communications, should raise an issue or concern – and how we will support you to do so.

Stage 1

Bring it to the attention of a colleague or manager immediately. Refer to the Government Communications Propriety guidance, and:

Talk to your line manager
Review the issue within your team
Refer to this guidance to help you make a decision.

Stage 2

If you feel the concern can’t be resolved at team level, consult your departmental Director of Communications (DoC):

Keep to the facts and stay neutral
DoCs can also advise if the matter needs further consideration from the Propriety and Ethics team at Cabinet Office.

Stage 3

Contact the GCS propriety inbox:

For further help and advice, send your queries to the GCS inbox:

gcs.propriety@cabinetoffice.gov.uk

All messages and concerns raised will be handled directly by Gem Walsh and will be treated with confidence and sensitivity. We aim to reply within 3 working days.

Contact us

If you have any questions about propriety, contact your line manager or Director of Communications in the first instance. If you require further clarification or advice, contact the GCS Propriety Team at gcs.propriety@cabinetoffice.gov.uk.