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Media liability insurance is a form of errors and omissions insurance. Media liability insurance protects those who distribute information against claims for physical injuries or financial loss caused by erroneous or negligent publication of material. Also known as communications liability insurance or multi-media liability insurance, media liability insurance provides cover from exposures such as defamation, invasion of privacy, factual errors and copyright or trademark infringements.
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Traditionally, media liability insurance covered information distributors such as book, magazine and newspaper publishers, commercial printers, television and radio broadcasters, authors, film producers and advertising agencies. Today, anyone who distributes information to the public via websites, blogs, emails and desktop publishing, faces the same exposures as traditional publishers. Professionals who benefit from a media liability insurance policy include:
The first media liability policy was issued by US insurer, Employers Reinsurance Corporation, in response to a growing realisation that those in the media required special protections against the risks inherent in the creation and dissemination of information. Media liability insurance is designed to fill the gaps not covered by traditional liability insurance, such as professional indemnity insurance. It can now be purchased as an adjunct to such insurances and addresses the specific exposures faced by media professionals. One example of these new exposures is those faced by consultants who design, build and host websites for their clients. They not only have traditional liability for duties owed to their clients, but now face new risks such as slander or libel, media and advertising liability and security liability for everything that happens on and to their website, from credit card fraud and misuse of email to third parties illegally accessing the site.
While media liability insurance can be tailored to the insured’s specific circumstances, typical cover in a media liability policy might include cover for liabilities such as:
Typical exclusions in a media liability policy might include:
The costs usually covered under a media liability policy include the legal costs in defending a claim, damages awarded to the claimant and in some cases, cover for punitive damages as well.
Back to topThose in the media face a broad range of potential legal exposures. As communication technology evolves, those exposures will change and grow along with it. While media liability insurance was originally designed for traditional media entities such as publishers and broadcasters, it is now becoming a must-have for a wide range of other information providers who want to protect themselves in an environment where the risk of litigation lies around every new corner.
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