HomeLawLobbying vs. Bribery: What’s the Difference?

Lobbying vs. Bribery: What’s the Difference?

In America, lobbying is one of the main ways the corporate sector, charities, and minority groups influence government policy and legislation. And it’s big business.

Over the past two decades alone, the pharmaceutical industry has collectively spent $5.17 billion (yes, you read that right) on lobbying activities. And that’s just the leader of the pack. Other industries like insurance, electricity, and electronics manufacturing also spent billions of dollars.

Given all the money changing hands, you might be wondering about lobbying vs. bribery. While it might seem like these activities have something in common (and there have been instances of lobbyists involved in bribery), lobbying is legal, whereas bribery is not.

Read on to learn more about the distinction.

Lobbying Explained

Lobbying offers both the majority and minority groups a way of swaying government legislation in their favor. It operates on a local and federal level.

Types of Lobbying

There are two main types of lobbying: direct and grassroots lobbying.

In direct lobbying, a professional lobbyist—often representing an organization—tries to sway the outcome of legislative policies by talking or otherwise communicating with an employee or member of a legislative body. They may also do the same to any government official they believe holds some power over the development or outcome of legislation.

To be considered direct lobbying, the communication must refer to specific legislation and impose a particular view on that legislation.

On the other hand, grassroots lobbying focuses on swaying public opinion toward the legislative outcome they want. This could be the broader public or a specific portion of the population. Once again, to be considered grassroots lobbying, the lobbyist’s activities must refer to specific legislation and encourage listeners to take action themselves.

This could be by contacting government officials to share their views on a piece of legislation via letter, email, or phone, or by signing a petition.

Charities and nonprofits engaging in grassroots lobbying must abide by specific rules—more so than direct lobbyists—or risk losing their tax-exempt status.

Pros and Cons of Lobbying

Lobbying has some clear benefits in society, but there are also negative connotations to this form of influence.

Some of the pros of either direct or grassroots lobbying include:

  • Rules of conduct ensure it’s performed consistently across groups
  • It informs elected officials of the people’s wishes
  • Regular people have more say in government
  • Alternative solutions can be brought to the table
  • It’s revenue-generating (which can help groups typically unable to access funds)
  • Anyone can become a lobbyist
  • It’s essentially free to participate in

Some of the cons of either direct or grassroots lobbying include:

  • It often represents minority interests that are not always in the best interests of wider society
  • It’s only effective in accomplishing a specific goal
  • Some lobbyists engage in illegal practices (like bribery, corruption, and fraud)
  • It can negatively influence government operations
  • Lobbyists typically need to be experienced and well connected to hold any influence
  • It doesn’t always work

Lobbying Services

Both professional and grassroots lobbyists work hard to build relationships among people who have the power to influence the legislation they care about. They need to be highly knowledgeable about the issue they’re concerned with.

They need to be good at all forms of communication, including:

  • Networking and social engagements
  • Professional meetings
  • Letter and email writing
  • Social media
  • Phone conversations

Organizations—corporate or nonprofit—can hire a lobbyist to perform lobbying services.

Most professional lobbying companies can:

  • Design and implement advocacy strategies at the state and federal levels
  • Secure financial support from government funds
  • Manage grassroots outreach for their clients

Bribery Explained

Lobbying and bribery might seem similar, but there are clear rules for government lobbying practices. On the other hand, bribery is an illegal and morally repugnant practice—though it does still happen.

Bribery: A Definition

Cornell’s Legal Information Institute defines bribery as “corrupt solicitation.”

This essentially means that someone offers up anything of value (from a sum of money to a valuable or coveted physical gift) in exchange for a favor. For an action to be considered bribery, the person being offered the gift must hold a public or legal position in society.

Attempted and completed bribery is illegal. Moreover, if someone solicits money or a physical gift from someone in exchange for committing an act of influence, this is also considered bribery and illegal.

Real-Life Bribery Examples

Bribery isn’t just limited to America. It’s a global problem, and some of the globe’s leading corporations (not to mention many government officials) have been caught in corruption scandals.

In 2006, German company Siemens was caught paying bribes to government officials to the tune of $1.4 billion.

Wage-earning Chechens pay an unofficial tax to an evasive fund controlled by state leader RamzanKadyrov. It is allegedly used to pay for things like the leader’s birthday parties.

In Spain’s recent Gürtel case, bribes and donations were funneled to the country’s ruling party—primarily by businessman Francisco Correa.

In 2018, more than 50 islands were leased to developers via no-bid tourism contracts in the Maldives. Around $80 million was used to bribe government officials and embezzled.

And this is just a small selection of the numerous well-known real-life cases of bribery.

Is Bribery Ever Legal or Justified?

A few political and financial writers believe there are cases where corruption like bribery is justified or beneficial. An example might be when it lubricates the wheels of justice or government action. However, most people think it harms society.

There is a strong link between how wealthy and how corrupt (how much bribery is taking place) a nation is. Economically, decisions made with personal profit in mind rarely benefit a country’s citizens.

In most cases, this tool bypasses traditional and legal channels for self-interested or commercial gains. It gives an unfair advantage to those who can afford to pay such bribes.

Lobbying vs. Bribery: Two Sides of the Same Coin?

When it comes to lobbying vs. bribery, the difference is clear. One activity is legal while the other isn’t. Of course, there are examples of lobbyists becoming embroiled in bribery scandals. But this doesn’t mean that lobbying is always inherently harmful.

Lobbying offers opportunities for minority groups and grassroots activists to influence government legislation. On the other hand, bribery will simply land the participants in jail—if they’re caught, of course.

For more insight into legal matters, read the other articles on our website.

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