Media liability insurance protects those who distribute information against claims for physical injuries or financial loss caused by erroneous or negligent publication of material.
It is 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.
Who needs media liability insurance?
Anyone who distributes information to the public via websites, blogs, emails and desktop publishing needs media liability insurance. Professionals who benefit from a media liability insurance policy include:
Brand managers
Celebrities who make personal appearances
Graphic designers
Freelance journalists
Marketing and promotional companies
Online and interactive marketing companies
Public relations firms
Public speakers
Website developers
Electronic publishers
Cable and satellite broadcasters
Web hosters
Software developers.
What is the role of media liability insurance?
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 addition to such insurances and addresses the specific exposures faced by media professionals.
One example of these 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.
Finder survey: How often do people compare or switch their public liability insurance?
Response
Female
Male
I never compare or switch
2.54%
2.12%
once a year
2.03%
2.31%
once every 3+ yrs
1.36%
0.39%
every 2 yrs
1.02%
1.35%
more than once a year
0.34%
0.19%
Source: Finder survey by Pure Profile of 1112 Australians, December 2023
What does media liability insurance cover?
Covered
Defamation. Arising from the communication of false information that damages a third party’s reputation or business.
Personal disparagement. A publication or broadcast which causes damage to a third party’s community or business activities.
Product defamation. Demeaning the performance or value of a product.
Invasion or infringement of one’s right to privacy or publicity. This might include intrusion, public disclosure of private information, unwarranted or wrongful publicity or using a person’s name or likeness for profit.
Not Covered
Normal business activities pertaining to employment
Breach of contract
Patent infringements
Claims made by certain regulatory authorities.
Make sure you read the Product Disclosure Statement (PDS)
2022 Finder research shows that 23% of Australians can't be bothered reading the PDS. A PDS includes a comprehensive list of all the inclusions and exclusions of a policy.
Speak to a broker about media liability insurance
Frequently asked questions
You need media liability insurance because if a claim is made against you for disseminating erroneous or defamatory information, you will have to defend that claim in court. If you are uninsured, your defence will be at your own expense.
An occurrence policy covers losses that were incurred during the policy period, while a claims-made policy covers claims that were filed during the policy period.
A costs-inclusive excess means that you must pay the excess (amount to be paid by you when a claim is made) towards the legal costs of defending a claim, while a costs-exclusive excess lets you pay the excess towards the settlement of the claim, which means you have more time to pay.
Media liability insurance is often offered as an adjunct to professional indemnity insurance, so you can ask your insurer about this additional cover at the time of applying. Alternatively, you can compare policies online and often apply online as well.
The retroactive date is the date from which you are covered by your media liability policy.
It protects your business and personal assets if a claim of disseminating erroneous or defamatory information is brought against you, allowing you to continue running your business.
As soon as possible, or else the claim might be denied due to a ‘known circumstance’.
A circumstance where you were aware or should have been aware, given your professional position, that a claim could result.
Negligence is when someone suffers a loss that is caused by your failure to fulfil your duty of care towards that person.
The limit of liability is the aggregate limit (maximum amount that will be paid) for all claims that are made against you during the insurance period.
Because it will provide the insurer with information that they need to know about you and your business in order to calculate your premium. This information can include the type and size of your business and the kinds of risks you are typically exposed to.
Richard Laycock is Finder’s insights editor after spending the last five years writing and editing articles about insurance. His musings can be found across the web including on MoneyMag, Yahoo Finance and Travel Weekly. Richard studied Media at Macquarie University and The Missouri School of Journalism and has a Tier 1 Certification in General Advice for Life Insurance.
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