USA Law and Practice Contributed by: Jeff McAndrews, Megan Bouchier and Peter Gardner, FGS Global
1. Market Overview 1.1 Market Comparison A Changing Information Environment
are ready to be deployed swiftly across all rel- evant channels. 1.2 Key Sectors Impacted by Crises Regulated Industries Under Fire Highly regulated and/or government-funded industries are typically the most vulnerable to crises in the USA. For example, industries involving consumer health and safety, such as airlines, health insurers and others, have faced a host of controversies and crises over the past year. This has also been a trend within higher education, where political debates and protests have played out on campuses, and an unprec- edented number of university presidents have been summoned to testify before Congress. With the changing US Administration and new federal directives related to diversity, equity and inclusion (DEI), coupled with newly empowered activist pressures, companies face a reigniting of complex, highly visible, and socially and politi- cally fraught discussions from both internal and external audiences. In contending with these issues, the education sector in particular has to consider a unique set of stakeholders and expectations around freedom of speech and academic freedom, both of which complicate their crisis response. Crisis Prevention is Crisis Preparation To protect against future crises, it is crucial for organisations and institutions to learn from each crisis experience, being careful to incorporate lessons into future preparations. Further, they should be careful to think ahead about issues and scenarios playing out in other sectors that could impact them down the line, whether DEI, continued geopolitical unrest, immigration and visa issues, tariff and antitrust policy, and more. Planning ahead about what positions they want to take on complicated or sensitive topics and how they will want to communicate with their
Over the past year, the USA has seen the results of longer-term shifts in the information environ- ment, which has become highly disaggregated. Americans across the political spectrum are increasingly turning to alternative, personality- driven and independent media sources, heav- ily relying on podcasts, newsletters and social media as primary news outlets. This shift has provided Americans with a diverse range of narratives about current events from a variety of sources – while pitting online talk shows and podcasts primarily designed to entertain with a point of view against mainstream media outlets bound by editorial standards and journalistic rigour. Growing distrust in institutions, including the press, has exacerbated the rising influence of these channels, while, at the same time, their proliferation has increased the potential for mis- information. For crisis mitigation and manage- ment, this new information landscape presents both a significant challenge and, if understood and harnessed correctly, an opportunity to engage and persuade key stakeholders during There have never been more ways to own and tell a story – meaning crises can no longer be easily managed in isolation, let alone privately and quietly. Additionally, in today’s environment, anyone and everyone has a microphone via social media. Crises can emerge and escalate on any platform, at any time, so organisations must prepare for how to address the many voic- es and pressures these channels may amplify. A key aspect of modern crisis management is determining where and how to engage stake- holders effectively and ensuring that defences periods of intense scrutiny. Many Voices, One Message
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