Opinions of Monday, 21 October 2024

Columnist: Raymond K. Baxey, APR

The Law Court and the Court of Public Opinion: The role of PR in restoring trust

Raymond K. Baxey, APR Raymond K. Baxey, APR

In recent years, trust in Ghana's judiciary appears to be eroding, with increasing concerns that court rulings are politically motivated and tele-guided to align with government interests. This growing public perception has or may cause many Ghanaians to place greater faith in the "court of public opinion" rather than the law courts. Although the law may reside in the "bosom of the judge," questions about whether court rulings reflect justice or political bias continue to emerge.

The concern is pressing. As a nation, we tread on dangerous ground when the public loses faith in the judiciary, which is the final recourse in times of dispute. While it is true that every institution may face scrutiny, the loss of confidence in the courts signals a far deeper issue – one that threatens the very fabric of Ghana’s democracy. But how did we get here, and more importantly, what can be done to restore trust?

The Judiciary Under Scrutiny

The judiciary, historically regarded as the bastion and final protector of civil liberties or the last hope for the aggrieved, is now under intense scrutiny and criticism, particularly regarding high-profile political cases. Citizens often perceive that certain rulings prioritize political agendas over legal principles. When legal outcomes disappoint the public, they turn to the court of public opinion to voice their discontent and challenge the integrity of the judiciary.

For a fledgling democracy like Ghana, this trend is troubling. The judiciary is meant to be a neutral arbiter, ensuring that justice prevails in all situations. However, when citizens start believing that legal rulings are swayed by political affiliations or other considerations other than the law, the consequences can be disastrous, leading to civil unrest and a breakdown of social order. Public anger, if not addressed, can escalate into mayhem and chaos, as history has shown in various societies.

The Role of the PR Practitioner

Enter the PR practitioner – an unsung hero in maintaining societal balance. The late Arthur W. Page, a pioneer of corporate public relations, famously referred to public relations as the "voice of conscience" for organizations and society as a whole. He believed that PR professionals bear the responsibility of acting as ethical stewards, guiding organizations to communicate and act with integrity and accountability. If PR is indeed the voice of conscience, then in a context where public trust is fading, PR professionals have a crucial role in bridging the gap between public perception and institutional reality.

In advanced democracies, collaboration between the legal system and PR professionals is well established. Lawyers and PR practitioners work together to manage legal and public discourse with integrity. For example, the U.S. Courts' Public Information Office provides transparent information about court operations and decisions, while the Judicial Council of California conducts community outreach programs to enhance public understanding of the judiciary. Similarly, Australia's Community Education Programs inform the public about family law issues, fostering trust in the court system.

A notable instance of this collaboration occurred during the 2015 Volkswagen emissions scandal, where legal and PR teams worked together to navigate the crisis, issuing press releases and public apologies while managing ongoing litigation to restore brand trust.

Ghanaian PR practitioners, particularly those in the PR Department of the Judicial Service, have both an opportunity and a responsibility to engage in this effort. This is especially relevant given the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo's commitment to expediting case adjudication and reforming the legal system to enhance public trust. Now more than ever, it is crucial to employ relevant PR strategies, including boundary-spanning techniques, media monitoring, and strategic counsel, to help institutions like the judiciary maintain that trust.

Restoring Trust Through Strategic PR

Public Relations practitioners, especially those in government and judicial institutions, must actively shape public discourse to restore confidence in such state institutions. They can achieve this by promoting transparency and openness in communication, providing public education, encouraging accountability and ethical practices, and highlighting success stories. By making the judicial process more comprehensible and accessible, PR practitioners can demystify the legal system and processes, and reduce misinformation.

Unfortunately, in Ghana, both public and private institutions often underestimate the value of PR counsel and hesitate to invest in communication. Many leaders overlook the expertise of PR professionals and fail to recognize their vital role in decision-making processes. PR practitioners must rise to the occasion by demonstrating competence, deep knowledge, and being well-informed to make sound decisions, offer solid PR counsel, and engage meaningfully in intellectual discourse. It is not merely about being eloquent.

Leveraging Public Relations for Democracy PR practitioners should also uphold the highest standards of moral and ethical conduct. They must act as guardians of integrity, ensuring that their institutions remain accountable and trustworthy. In this regard, PR professionals can promote two-way symmetrical communication – a model that enriches dialogue, encourages feedback, and fosters mutual understanding. This approach will not only protect the judiciary but also enhance Ghana’s democratic processes.

Ghana’s democracy is still young, and the court system remains a crucial pillar for resolving disputes and ensuring justice. Without trust in the judiciary, other arms of government may struggle to maintain peace and order. The role of the PR professional in protecting these institutions cannot be overstated. They have the tools to manage public opinion, guide discourse, and uphold the very essence of democratic governance.

A Call to Action The court of public opinion is growing louder, and the judiciary must listen. PR practitioners are uniquely positioned to serve as a bridge between the courts and the public, ensuring that the voice of conscience is not just heard but respected. For PR professionals in Ghana, this is an opportunity to step up and demonstrate their worth –not just as communicators but as key strategists in safeguarding the nation’s democracy.

The dominant coalition, including government and judiciary leaders, must begin to recognize and respect the expertise of PR professionals. Likewise, PR practitioners must elevate their interventions by being well-read, well-informed, and morally upright, ensuring that their counsel remains the guiding light for institutions navigating the complex dynamics of public trust.

In the end, it is not just about the law being in the bosom of the judge: it is also about conscience, fairness, and ensuring that justice is seen to be done in both the court of competent jurisdiction and the court of public opinion.

Raymond K. Baxey, APR is a Communications and Public Relations Professional and works with the Ghana Atomic Energy Commission raymond.baxey@gaec.gov.gh