RP · E-5 BIB · Entry 10 of 10 · Publication

DEPARTMENT OF THE NAVY PUBLIC AFFAIRS POLICY AND REGULATIONS

SECNAVINST 5720.44 · CHAPTER 1

CHAPTER 1 – PUBLIC AFFAIRS (PA) FUNDAMENTALS 1-1

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ii 10. Protocol Duties 1-18 11. DON Personnel Acting in an Official Capacity 1-18 12. DON Personnel in a Private Capacity 1-18

CHAPTER 2 – INFORMATION RELEASE POLICIES 2-1

0200 PRINCIPLES 2-1 1. Disclosure as Default 2-1 2. Accuracy is a Responsibility and a Requirement 2-1 3. Timeliness is a Responsibility and a Requirement 2-1 4. The Internet is a Powerful Information Tool 2-1

0201 FREEDOM OF INFORMATION ACT (FOIA) 2-2 1. Policy 2-2 2. FOIA Responsibilities 2-2 3. Release of Information Without a FOIA Request 2-2 4. Keystone of the FOIA 2-2 5. FOIA Exemptions 2-3 6. Further Guidance 2-3

0202 PRIVACY ACT 2-3 1. Background 2-3 2. Privacy Act Exceptions 2-4

0203 THE BALANCING TEST 2-5 1. Background 2-5 2. Considerations 2-6

0204 SECURITY AND POLICY REVIEW 2-8 1. General 2-8 2. Reviews by Releasing Authority 2-8 3. Reviews by Higher Authority 2-8 4. Voluntary Review 2-9 5. Submission Procedures 2-9

0205 SENSITIVE AND CLASSIFIED INFORMATION 2-10 1. Protection of Sensitive and Classified Information 2-10 2. Release of Sensitive Information 2-10 3. Release of Classified Information 2-10

CHAPTER 1 : PUBLIC AFFAIRS (PA) FUNDAMENTALS

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1-2 b. Commanders and heads of the DoD components involved in joint, combined, and unilateral military operations should plan, resource, and conduct PA activities to support such missions.

3. DON. PA is a function of command in the DON. The DON will implement and follow DoD policies. Therefore, DoD PA policy applies to all levels of the DON and to all DON employees. The authority for appropriate DON PA activities comes directly from the Secretary of the Navy (SECNAV), as specified in U.S. Navy Regulations, chapter 3, section 2, paragraph 0311; published at chapter VI, subchapter A, part 700.311 of title 32. Navy and Marine Corps leaders are responsible for providing accurate, truthful, and timely information to the public about Navy and Marine Corps activities. This responsibility to the public complements their responsibility to provide confidential professional military advice to the national authorities in support of the Constitution.

0101 PA PRINCIPLES

1. General. PA principles include accountability to the public, full disclosure, expeditious release of information, alignment, and professional ethics. No PA disclosure or provision of DON information shall run contrary to the spirit or the letter of the Privacy Act, Freedom of Information Act (FOIA), or the DoD or DON implementing regulations.

a. Full Disclosure. For a government founded on the principle of an empowered public, the default position on decisions about releasing information is full and prompt disclosure. Withholding information must be the exception and justified for specific and legally defensible reasons. Potential embarrassment is not a justification to withhold information.

b. Expeditious Release. Information will be released as expeditiously as practical and from the lowest possible level, consistent with release policies and required reviews (See chapter 2). All DON members are communicators and must commit to full and expeditious release of information appropriate to their level. Delay in the release of information can damage the DON’s reputation and cast public doubt on its capabilities or motives.

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1-3 c. Breaches of Confidence. An activity will quickly lose public confidence if it:

(1) Lies.

(2) Misinforms or disinforms by putting accurate information in a misleading context.

(3) Unnecessarily delays responses to queries from the public and the news media.

(4) Gives preferential treatment to specific media, community groups, or individuals, except as provided by higher guidance.

(5) Creates public expectations far beyond its capacity to accomplish.

(6) Purposely fails to communicate with the public.

2. DoD Principles of Information. As codified in DoD Directive 5122.05, Assistant to the Secretary of Defense for Public Affairs, “It is the policy of the Department of Defense to make available timely and accurate information so that the public, Congress, and the news media may assess and understand the facts about national security and defense strategy. Requests for information from organizations and private citizens shall be answered in a timely manner. In carrying out the policy, the following principles of information will apply:

a. Information will be made fully and readily available, consistent with statutory requirements, unless its release is precluded by current and valid security classification. The provisions of the Freedom of Information Act will be supported in both letter and spirit.

b. A free flow of general and military information will be made available, without censorship or propaganda, to the men and women of the Armed Forces and their dependents.

c. Information will not be classified or otherwise withheld to protect the Government from criticism or embarrassment.

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1-4 d. Information will be withheld only when disclosure would adversely affect national security, threaten the safety or privacy of the men and women of the Armed Forces, or if otherwise authorized by statute or regulation.

e. The Department of Defense's obligation to provide the public with information on its major programs may require detailed public affairs planning and coordination within the Department of Defense and with the other Government agencies. The sole purpose of such activity is to expedite the flow of information to the public; propaganda has no place in DoD public affairs programs.”

3. PA Versus “Press Agentry.” Used in Federal, State, and local governments, the terms “PA” and “public information” (PI) resulted from the 1913 Gillett Amendment to an appropriation bill in the House of Representatives. The Amendment stated that no money be spent for publicity, i.e., press agentry, unless specifically authorized by Congress. This was reaffirmed in Public Law 92-35 1, section 608(a), enacted 13 July 1972. This law expressly prohibits government spending for “publicity or propaganda purposes designed to support or defeat legislation pending before Congress.” A recurring provision in the yearly Defense Appropriations Act prohibits the use of any appropriated funds for these publicity purposes. Therefore, “PA” and “PI” are used to describe the government function of building and maintaining relationships with key publics through the public release of information to inform, while public relations often uses information to influence. The DON focuses on the dissemination of accurate, truthful, and timely information to help people develop their viewpoints. The DON is prohibited, legally and ethically, from using disingenuous, dishonest, and undue influence to try to form opinions.

0102 CANON OF ETHICS FOR DON PUBLIC AFFAIRS AND VISUAL INFORMATION PERSONNEL 1. Ethics. Ethics are the rules or standards governing the conduct of a person, organization, or the members of a profession. The DON holds itself to a high ethical standard with the DON Core Values of Honor, Courage, and Commitment. To earn and maintain the trust and credibility essential to properly represent the DON, all military and civilian personnel in the PA and visual information (VI) fields shall be:

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1-5 (a) Loyal. Act in the best interest of the nation, the DON and the command, and drive the fulfillment of the obligation to inform U.S. citizens about their Navy and Marine Corps. Loyalty must be to the institution first.

(b) Honest. Ensure all information for release is accurate, truthful, timely, and presented in its proper context.

(c) Trustworthy. Fulfill the obligations accompanying unique access to information about operations, organizations, programs, and people by being committed to requirements for security, privacy, and propriety.

(d) Honorable. Maintain the integrity of relationships with contacts in the government, the media, and the public.

(e) Courageous. Always be ready and willing, even in the face of opposition, to provide the principled, candid advice and counsel that must be asserted to aid commanders and other leaders in making decisions.

(f) Fair. Receive all requests for information and support with respect, treating each equitably and expeditiously while preserving the integrity of DON communication.

2. DON PA/VI professionals. All DON PA/VI professionals are members of the organizational function that communicates for the department. This is true regardless of whether they are in a billet with the duty to release information directly to the public or the media. It also applies when they are not in uniform and not “on the job.” Statements made about military and political issues, including those expressed on personal social media accounts, could be perceived as the official views of the government. This may undermine the credibility of the DON and the effectiveness of the individual to serve as a communicator for the department. While this does not abridge their individual rights under the First Amendment, DON PA/VI personnel must maintain their value to the organization by observing a higher standard of discretion than typically expected of federal civilian employees and military personnel. DON PA/VI personnel must remain impartial and even disinterested in the development of social, political, and cultural issues. DON PA/VI professionals should always regard themselves as representatives of the department.

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1-6 0103 POLITICAL ACTIVITIES AND INFLUENCES

1. Commands. As a matter of law, commands must scrupulously avoid any action, or appearance thereof, that attempts to influence contact with elected officials by any citizens or groups, including the internal DON audiences. The U.S. Armed Forces must refrain from any activity or association that could be interpreted as linking the Services with political causes, candidates, or organizations. For detailed information, see the Joint Ethics Regulation, (DoD 5500.07-R of 1 August 1993), current DoD Public Affairs Guidance for Political Campaigns and Elections, and legal counsel.

2. Personnel Acting in an Official Capacity. As a matter of long-standing policy, DoD members acting in their official capacity may not engage in activities that associate the DoD with any partisan political campaign or election, candidate, cause, or issue.

a. Employees, both military and civilian, of the Executive Department and agencies, i.e., “Federal agencies", in their official capacities, are prohibited contact between a campaign organization and DoD (except as necessary in connection with scheduling, advance, logistics, security, and legal compliance matters) without the prior written approval of the Counsel to the President. This restriction applies even if the contact is otherwise permissible by law and agency policy. This restriction, however, would not apply to a contact from a campaign organization seeking information from a Federal agency (or a Federal agency providing to the campaign organization) that the Federal agency makes available to members of the public on request as permitted by law and agency policy. This restriction would also not apply to a contact from a candidate’s legislative office that relates to official business. Such contacts should be handled in the same manner as any request from a legislative office.

b. This policy is not intended to prevent social or personal contacts between Federal employees in their private capacities and any acquaintances who happen to be campaign organization personnel, nor is it designed to prevent Federal employees from engaging in political activities in a private capacity to the extent that such activities are otherwise permitted by law and agency policy.

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1-7 3. Personnel Acting in a Personal Capacity. While the Hatch Act (sections 7321 through 7326 of title 5, United States Code (U.S.C.)) allows most civilian Federal employees to actively participate in political activities on their own time and outside of the Federal workplace, there are significant restrictions on fundraising, running for office in partisan elections, and using one’s official authority or influence to interfere with or affect the result of an election.

a. Career members of the Senior Executive Service (SES) and members of certain intelligence organizations are subject to additional restrictions. Permitted political activities for Senate-confirmed Presidential appointees (PAS) and non-career SES employees are further restricted. Deputy Secretary of Defense’s memo, “Civilian Employees’ Participation in Political Activities,” of 14 November 2007 provides an excellent discussion of the permitted and prohibited political activities for the various classes of civilian employees.

b. Per DoD Directive 1344.10 of 19 February 2008, members of the Armed Forces who are on active duty are permitted to express their personal opinions on political candidates, sign petitions to place a candidate’s name on the ballot, and attend a political event as a spectator, provided they are not in uniform and when on inference or appearance of official sponsorship, approval, or endorsement can be reasonably drawn. They, however, may not participate in partisan political activities, e.g., solicit or engage in partisan fundraising activities, serve as the sponsor of a partisan club, or speak before a partisan gathering when in uniform and when an inference or appearance of official sponsorship, approval, or endorsement can reasonable be drawn.

4. Gifts and Attendance at National Party Conventions. Federal employees may not accept a gift, as defined in section 2635.203(d) of title 5, Code of Federal Regulations (CFR), from a prohibited source, or a gift that is given because of the employee’s official position, unless an exception applies. Attendance at convention activities is subject to the Hatch Act and other Federal laws and regulations governing the political activities of Federal employees. Employees permitted to attend a convention or participate in a convention must use personal leave or vacation time to do so, or otherwise comply with the Hatch Act and applicable regulations.

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1-8 a. As a matter of DoD policy, career SES officials and employees of National Security Agency, Defense Intelligence Agency, and National Geospatial Intelligence Agency may attend a political convention, caucus, or rally as a spectator, but are prohibited from serving as delegates, alternates, or proxies to a political convention or addressing a political convention, caucus, or rally.

b. PAS (appointed by the President with the advice and consent of the Senate) and non-career SES officials are subject to the same restrictions, however, PAS officials are further prohibited from attending a presidential nominating convention.

c. Per DoDI 1344.10, active duty members may attend political conventions as a spectator when not in uniform and when no inference or appearance of official sponsorship, approval, or endorsement can reasonably be drawn. They may not, however, participate in partisan political conventions (including making speeches in the course thereof), without respect to uniform or inference or appearance of official sponsorship, approval, or endorsement. Participation includes more than mere attendance as a spectator.

5. Questions about Permissible Activities. DON employees who have questions concerning the scope of permissible political activities are encouraged to consult with their supporting judge advocate or office of general counsel attorney before engaging in such activity.

6. PA Personnel. In addition to the above laws governing the political activities of Service members and Federal Government civilians, DON PA professionals are all official spokespersons, regardless of whether or not currently in a traditional media relations assignment. PA professionals represent the U.S. Navy, U.S. Marine Corps (USMC), and the U.S. military at all times, even when not in uniform or not "on the job.” Because of this, DON PA professionals must adhere to a higher standard of discretion in expressing publicly any views on politics, parties, and candidates. For further guidance, see CHINFOINST 5720.8, The Public Affairs Tactics Manual (NOTAL).

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1-9 0104 PA ORGANIZATION AND CHANNELS OF AUTHORITY

1. General. The PA organization within the DON is designed to provide official and attributable information to key domestic and foreign publics, subject only to operational security, statutory limitations, and the safety of personnel. U.S. national policy is multifaceted and a number of agencies execute portions of that policy. This gives rise to multiple channels of authority within government.

2. Unified Commands and Joint Task Forces. These commands issue PA and VI and combat camera (COMCAM) policy, guidance, procedures, and operational tasking to assigned Service component commanders and forces.

3. Combined, Allied, and Overseas Channels. Special considerations in combined and overseas operations require adherence to requirements that may differ considerably from this instruction. International agreements between member nations of a combined command govern the conduct of PA in matters not considered a national prerogative.

a. Multiple Chains of Authority. It is possible that a command may be subject concurrently to the PA direction of this instruction, additional guidance by the Chief of Information (CHINFO) or the Director of Marine Corps Communication (DIROMCC), the immediate superior in the administrative chain, e.g., the type commander, the operational commander in the North Atlantic Treaty Organization or combined task force organization, and the applicable U.S. Embassy and Country Team. The Public Affairs Officer (PAO) shall determine the impact of a particular decision in light of multiple chains of authority and keep all informed.

b. U.S. Embassy and Country Team. Every U.S. Embassy has a Country Team composed of representatives of the Defense Attaché Office, State Department PA Office, and the Press Attaché. The Press Attaché representative normally heads the PA section of the embassy or consulate. The Country Team oversees PA programs implemented by any agency of the U.S. Government within that country. In some countries, information guidance is contained in a document known as the Country Plan. Among the goals and procedures outlined in the plan are broad U.S. policy objectives

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1-10 for that country and coordination procedures for routine and emergency actions. Unified commands usually take the lead in coordinating PA matters with Country Teams, or will specifically delegate this responsibility in certain cases to component commands.

4. DON. SECNAV is responsible for establishing DON PA policy and directing its implementation. The Secretary monitors and controls Navy and Marine Corps relations with Congress, the Office of the Secretary of Defense (OSD), other principal government officials, and the public. Implementation of SECNAV’s policies is the responsibility of the Chief of Naval Operations (CNO), the Commandant of the Marine Corps (CMC) and other senior commanders who report directly to the Secretary.

5. CHINFO. CHINFO is assigned as a direct report to SECNAV. As SECNAV’s direct representative for PA, CHINFO is delegated the responsibility for coordinating, planning, implementing, and assessing the PA policies and programs of the Department. This includes exercising command of CHINFO field activities and providing direction to PA programs throughout the DON. CHINFO is assigned additional duty to the CNO and is designated Special Assistant for PA Support (OPNAV (N09C)). As N09C, CHINFO advises and assists the CNO in the conduct of U.S. Navy service internal information and community outreach programs; implements CNO responsibility for the SECNAV PA and VI policy and directives; issues guidance on the implementation of PA, VI, and COMCAM programs to subordinate commanders; provides subject matter expertise on PA and VI capabilities and requirements; serves as the lead for Doctrine, Organization, Training, Materiel, Leadership and Education, Personnel, Facilities, and Policy for the Navy’s PA/VI community; and serves as program sponsor for Navy COMCAM.

a. Functionally, CHINFO:

(1) Acts as DON public spokesperson for the U.S. Navy in coordination with the Marine Corps DIROMCC, who serves as the Deputy CHINFO for Marine Corps Matters.

(2) Advises the SECNAV and CNO on matters of policy; the public’s understanding of the Navy and Marine Corps team; methods of information dissemination; means to increase public

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1-11 awareness; and PA aspects of operations, Navy activities, and public events or incidents.

(3) Coordinates, evaluates, and forwards to the Office of the Assistant Secretary of Defense (PA) [OASD(PA)] information of national or international interest concerning the DON for public release.

(4) Originates and disseminates information on developments within the Navy.

(5) Provides community outreach and internal information program policy guidance.

(6) Develops DON policy proposals for requirements and applications of audiovisual resources and products for PA and VI purposes.

(7) Advises the Chief of Naval Personnel on the procurement, training, and assignment of Navy officers and enlisted PA personnel.

(8) Acts as community leader and program or rating sponsor for the Active and Reserve components of special duty PA officers (165X), photographic limited duty officers (647X), mass communication specialists, and civilian personnel in the media and PA series.

(9) Advises the Commander, Navy Recruiting Command (COMNAVCRUITCOM), on “creative” material (print, direct mail, radio, and television) produced by or for COMNAVCRUITCOM and intended for distribution publicly (as with direct mail) or through media (on either a paid or “public service” basis).

b. To accomplish the PA mission in an efficient and cost- effective manner, CHINFO must communicate at the regional, as well as national, level with local and regional news media; local governmental leaders; key community leaders; key educators; and local and/or regional business leadership. Through its field activities, CHINFO is responsible for Navy reputation management, including national image and branding efforts, by bringing the Navy message directly to the American public.

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1-12 (1) Navy Office of Community Outreach (NAVCO). NAVCO is CHINFO’s national community outreach field activity. It serves as the central point of coordination for Navy community outreach programs throughout the continental United States with the exception of fleet concentration areas and the Los Angeles and New York metropolitan areas. The goal of this coordination is to conduct and align the national Navy image, awareness, and branding efforts by coordinating existing assets for maximum community-relations impact.

(2) Navy Public Affairs Support Element (NPASE). NPASE consists of teams of PAOs, photographic officers, and enlisted mass communication specialists who promote support for the Navy by releasing timely news and imagery highlighting the accomplishments and achievements of Navy units and Sailors.

(3) Navy Office of Information East (NAVINFO East). NAVINFO East serves as a Navy contact for book authors requesting Navy support. It establishes and maintains professional relationships with local, regional, and national media in the New York City tri-state area; maintains liaison with local, national, Federal, and military organizations assisting with media and community outreach events in the New York area.

(4) Navy Office of Information West (NAVINFO West). NAVINFO West maintains liaison with the major film, television, and documentary production companies both throughout Los Angeles and worldwide to assist with requests for Navy support. NAVINFO West provides guidance during all phases of production as well as in all phases of the creative process in order to develop an authentic, accurate, and supportable project.

6. Deputy CHINFO for Marine Corps Matters. Chapter 6, part 700, subpart C, section 700-334 of title 32, CFR, designates DIROMCC as Deputy CHINFO for Marine Corps Matters. DIROMCC may report directly to SECNAV on matters pertaining solely to the Marine Corps, but must inform CHINFO promptly regarding the substance of all independent contact with the Secretary. DIROMCC has direct responsibility to the CMC for development, planning, and implementation of PA programs within the Marine Corps. Deputy CHINFO for Marine Corps Matters shall:

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1-13 a. Advise CMC on matters of policy relating to foreign and domestic publics’ understanding and support of the Marine Corps, policies and methods of global communication, dissemination of PA products, evaluation of communication strategies, and PA aspects of operations and activities.

b. Advise and assist the CMC in the conduct of Marine Corps public engagement activities, provides subject matter expertise on PA and VI capabilities and requirements, and serves as the proponent for the PA and COMCAM communities.

c. Exercise operational control over the Marine Corps Public Affairs Support Element (MCPASE) which contains PA and COMCAM Marines that task organize into teams to support operational and supporting establishment requirements and requests. The MCPASE also supports DIROMCC’s doctrine, organization, training, materiel, leadership, personnel, and facilities responsibilities as a proponent for USMC PA and COMCAM.

d. Coordinate PA programs and activities of Marine Corps- wide impact; evaluate and coordinate with CHINFO and OASD(PA); release and disseminate information of international, national or regional interest about the Marine Corps; inform the Marine Corps internal audience of current Marine Corps policies and programs; and coordinate material for public release for security review and clearance.

e. Exercise release authority for all official service- level, attributable PI, and communication by reviewing all communication products prior to release at the HQMC level; manage the Marine Corps’ official, attributable digital presence to include the Marine Corps website and social media engagements; assist commanders in identifying and delegating release authority in the absence of a dedicated PAO; and ensure command communication strategies and release processes are nested within higher and joint communication strategies and policies.

f. DIROMCC’s delegated release authority applies to all official service-level, attributable content and communication to include multimedia, video, and still imagery stored to publicly accessible repositories or released via any official,

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1-14 attributable means, i.e., official unit website, newsletter, civilian media, etc.

g. Maintain open channels of communication to inform foreign and domestic publics about the Marine Corps and gain understanding and support, and provide support to policy and curriculum development to the senior Marine Corps representative at the Defense Information School.

h. Ensure that no PA disclosure or provision of DON information shall run contrary to the spirit or the letter or the Privacy Act, FOIA, or the DoD or DON implementing regulations.

7. Navy Component Command, Fleet and Force PA Coordination. In view of the fundamental premise that PA responsibility is one of command, the conduct of PA down through the chain within the naval establishment generally divides into two channels of authority: the operational and the administrative. Matters falling under the cognizance of an operational commander vary widely, from media queries about force employment to U.S. or overseas community outreach to planning for operations and exercises. Equally diverse are those PA matters falling under the cognizance of an administrative commander. For example, the surface force commander may be tasked to exercise authority in matters such as press inquiries concerning the cost of a regular overhaul of a destroyer or a personnel casualty aboard a non- deployed unit within the force. It will often be necessary for an individual unit commander to coordinate a PA matter with both operational and administrative superiors in the chain of command.

8. Command-Level PA. Subject to the direction of senior authority, each officer who exercises command authority is responsible for the conduct of PA, which includes internal information, PI, community outreach, and planning within that command. The PAO is the principal advisor and assistant to the officer in command for all PA matters. The PAO reports directly to the officer in command, keeping the executive officer (or chief of staff) informed.

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1-15 a. Commanders:

(1) Are responsible for the PA program at their command including identifying requirements and providing the resources to establish and manage PA programs.

(2) Shall not assign non-designated personnel to lead public communication activities when designated PA personnel of appropriate rank are assigned to the command or activity. If no designated PA personnel of appropriate rank are assigned, commanders and heads of activities will consult designated PA personnel in the chain of command.

(3) Will ensure communication activities are synchronized and integrated across functions and connected to higher headquarters communication plans and activities through an approach of research, planning, execution, and assessment.

(4) Will ensure the dissemination of accurate and timely information with appropriate consideration for security, accuracy, and propriety, adhering to the principle of “maximum disclosure, minimum delay."

(5) Will give the PAO direct access to all policy makers and other relevant senior officers, and include the PAO in all operational planning.

(6) Can delegate release authority for the command to the command PAO, who will release information to the public or the news media in response to the specific situation such as routine inquiry, media embark, emergency, or contingency operations.

(7) Should pursue regular encounters with the media and make staff available to support media requests. This is especially relevant during military operations and exercises.

(8) Within the parameters of the command anti-terrorism and force protection posture, will allow credentialed news media representatives access to their command (with command escort as feasible) and not interfere with the reporting process. News media representatives should be permitted open access to unclassified aspects of military vehicles, locations, personnel,

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1-16 aircraft, and vessels, except where restricted by law, security classification, or privacy statutes.

(9) Will provide or support transportation for news media representatives when necessary and per DoD regulations (see chapter 3, section 0305).

(10) Will not use or allow information activities or deception operations intended to disinform, deny releasable information to or mislead the U.S. public, the government, or the U.S. and international media. This includes misinforming the media about military capabilities and intentions in ways that could influence U.S. decision makers and public opinion.

(11) Should not assign to PA personnel collateral duties that have the potential to conflict or impede with their primary responsibility as command spokespersons. For example, assigning a PA person as the investigating officer in a mishap or incident with the potential for media interest would place them in a compromising position and disqualify them from being the command spokesperson or handling public and media inquiries.

(12) Shall ensure their PA personnel receive periodic training in the performance of PA functions, FOIA, and the Privacy Act.

b. PAOs:

(1) Will lead the command’s communication activities in support of the command and mission objectives.

(2) Will facilitate open, timely, and uninhibited access to PI, except where restricted by law, security classification, or privacy statutes. When so restricted, will seek unrestricted information that may meet news media needs.

(3) Will communicate information about Navy and Marine Corps programs, activities, missions, and responsibilities to both external and internal U.S. audiences, as well as international and host-nation populations.

(4) Will protect the privacy of those who use or request information, as well as those about whom information exists in government records.

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1-17 (5) Will act as liaisons, but not interfere with the reporting process (except to correct inaccuracies); expedite the flow of information through the civilian and military news media to both external and internal U.S. audiences and international audiences; and work to ensure accurate media coverage by encouraging media understanding of both facts and context.

(6) Will advise the commander on all relevant PA matters that may impact the command. This requires a broad knowledge of the naval services, in-depth awareness of operations, and the ability to project the potential impact of proposed actions on internal and external publics.

(7) Will communicate with other military and civilian PAOs as appropriate for coordination or mutual assistance.

(8) Will inform the immediate next senior PAO in the operational chain of command about items with national or international media interest; those with local media interest when expected to reach the attention of flag or general officers; and those involving real, perceived, or anticipated security breaches, unless specifically directed otherwise by the commander.

(9) Will promote positive relations between the command and local communities.

(10) Will participate in all phases of operational planning to ensure PA and VI requirements are considered and resourced.

(11) Will plan, budget, execute, and assess the effectiveness of PA programs, aligning them with DON priorities, communication objectives, and messaging.

(12) Will provide visual documentation support for operational, informational, training, research, legal, historical, and administrative needs.

9. Contract PA and Communications Management Personnel

a. Are not authorized to act as official Navy or Marine Corps spokespersons, including being interviewed as subject matter experts.

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1-18 b. Are not authorized to serve as approval authorities for the release of information, such as press releases, articles, videos, photos, or any content published to a publicly available Web site. Only a government employee can be the approval authority for public release of information.

10. Protocol Duties. The protocol function is not a core capability of PA personnel. Frequently, the need occurs to accommodate news media or the general public simultaneously with distinguished visitors. The requirements of such visits can be significantly different, and these functions should be separate unless extraordinary circumstances dictate otherwise.

11. DON Personnel Acting in an Official Capacity. The official duties of many DON personnel require them to provide information and agency records to members of the public. Nothing in this instruction should be construed to limit their authority to do so consistent with those duties. DON personnel whose duties require interaction with the public should be sensitive to the functions performed by PA personnel and bring matters that may have PA implications to their attention as they learn of them. DON personnel whose official duties do not include providing information or records to the public should refer all requests for information to the appropriate PA or FOIA authorities.

12. DON Personnel in a Private Capacity. DON personnel who are acting in a private capacity have the First Amendment right to further release or share publicly-released unclassified information through non-DoD forums or media provided that no laws or regulations are violated. Some of the applicable laws and regulations are:

a. Uniform Code of Military Justice.

b. Joint Ethics Regulation, notably the provision that preparation activities are not conducted during normal duty hours or using DoD facilities, property, or personnel except as authorized (See DoD 5500.07-R of 1 August 1993.).

References:

For all DoD Issuances, please see http://www.dtic.mil/whs/directives/index.html

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1-19 JP 3-61, Doctrine for PA in Joint Operations

32 CFR 700.102

DoD Directive 1344.10 of 19 February 2008

DoD Directive 5122.05 of 5 September 2008

DoD Directive 5400.07 of 2 January 2008

DoD Instruction 5400.13 of 15 October 2008

DoD Instruction 5400.14 of 22 January 1996

DoD 5500.07-R, The Joint Ethics Regulation, 1 August 1993

For all SECNAV and OPNAV instructions, please see the Department of the Navy Issuances Web site at http://doni.daps.dla.mil/

SECNAVINST 5720.42F

CHINFO Memo 5700 Ser 00/487, 08 October 2004, Contracted Public Affairs Services and Support Review (NOTAL)

CHINFO Memo for the Secretary of the Navy, 11 February 2004, Contracted Public Affairs Services and Support Review (NOTAL)

The Ethics Compass, http://ethics.navy.mil

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2-1 CHAPTER 2 : INFORMATION RELEASE POLICIES AND GUIDANCE

0200 PRINCIPLES

1. Disclosure as Default. Information about DON and its components will be made fully and readily available, consistent with statutory requirements, unless its release is precluded by current and valid security classifications, privacy regulations or business proprietary guidelines. Requests for information from organizations and private citizens will be answered quickly and accurately. Information will be made available without censorship or propaganda and will not be classified or otherwise withheld to protect the government from criticism or embarrassment, when the information itself is unclassified. The Freedom of Information Act (FOIA) and the Privacy Act, which are discussed in articles 0201 and 0202 of this chapter, will be supported in both letter and spirit.

2. Accuracy is a Responsibility and a Requirement. Distorting the facts or publishing inaccurate information creates a sense of mistrust with both the DON internal and external audiences and damages DON credibility with the media and with the public at large. As such, distorting facts and or disseminating inaccurate information is prohibited

3. Timeliness is a Responsibility and a Requirement. Every effort will be made to have maximum disclosure with minimum delay. In the instance of accidents or incidents that require an operational report (OPREP), the PAO will submit a proposed news release to the designated PA office within 1 hour of the release of the OPREP. Difficult issues and events potentially unfavorable to DON should be addressed openly, honestly, and as soon as possible.

4. The Internet is a Powerful Information Tool. The appearance, accuracy, currency, and relevance of the information presented by Navy and Marine Corps commands on the Internet reflect upon DON's professional standards and credibility. Additionally, information residing on a Web server associated with a "navy.mil" or "marines.mil" domain is interpreted by the worldwide public, including the American taxpayer and media, as reflecting official Navy or Marine Corps policies or positions. Therefore, all information presented must be accurate, truthful, current and in compliance with DON public information policies.

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