Whether you own your own business or work for a larger agency, social media liability insurance can protect you and your brand from potential claims. Specialist insurance agencies offering social media liability insurance products in the form of social media influencer liability coverage to help you protect your social media and digital marketing campaigns.
Libel & Slander
When a business owner’s reputation and business are damaged through defamation claims, the consequences can be devastating. It is important to protect your company and employees from these types of lawsuits with the right insurance coverage.
Libel & Slander
In the digital age, social media and the Internet are increasingly being used as marketing platforms for businesses of all sizes. But while these tools can be a great way to reach new customers and clients, they can also expose your business to liability claims from third parties.
One of the most common forms of liability for your business is libel, which refers to a written statement that is false and presented as fact. Defamation laws vary by state, but a claimant needs to prove that a statement is libeled and has caused harm to a third party.
There are different types of libel, but the most common is false statements of fact that damage someone’s good name. These statements can be either written or spoken and must be communicated to a third party in order to be considered libel.
Typically, defamation cases are filed in state court. The plaintiff must prove that the statement is libel and that it caused damage to their good name. This can include a loss of income, a lack of business opportunities and other losses.
Another type of libel is called slander, which is a verbal statement that is not true but that causes harm to the claimant’s reputation. Slander is often confused with libel, so it’s important to know the difference between the two.
Context is also very important when it comes to determining whether a statement is libelous or not. In general, a statement is libelous if it was made with actual malice and was shared with a third party.
In most cases, a business will have general liability coverage and a professional errors and omissions policy (E&O). These policies are designed to cover the business in the event of a claim. If a lawsuit is brought against your business because of a libel or slander lawsuit, you may be able to recover damages from the libelist or slanderist, as well as legal costs. This can be costly, but with the help of a lawyer and the right coverage, you can defend yourself against these claims.
Infringement of Copyrights
If you are an owner of a business and have a Facebook page, you will want to ensure that you are aware of copyright infringement issues. It is common for people to post images on social media that may violate a copyright owner’s rights. This can lead to lawsuits, which can be costly and time consuming for any company.
Copyrights protect the rights of authors, artists, musicians, filmmakers, and other creative individuals. They give owners exclusive rights to reproduce, distribute, display, perform, and make derivative works. Infringing on these rights is considered illegal and can result in a criminal investigation or lawsuit.
One of the most common types of copyright infringement is duplication. This occurs when someone copies a work without permission or license from the original owner. This can include sharing files on a document server or downloading a copy from an Internet site.
Another type of copyright infringement is plagiarism. This can happen when an individual uses another person’s work or ideas without authorization, which can be difficult to prove.
This can be particularly dangerous in the digital age when it is easier for copyright infringement to take place than ever before. The use of copyrighted material can be a quick and easy way for scammers to earn money.
In some cases, a simple cease and desist letter from the owner of a copyright can solve the problem. But in other cases, the original creator may choose to pursue legal action that could lead to hefty fines and even jail time.
A good policy will have coverage for intellectual property infringement as well as other forms of libel, slander, and defamation. In addition, it will also cover your business if you are sued for using another business’s trademark in connection with your own products and services.
Injuries to Third Parties
A business can be held liable for third party property damage, injuries, or reputational harm from its social media activities. General liability insurance policies protect businesses against these kinds of claims. It also helps cover the cost of repairing or replacing equipment, supplies, and real estate that is damaged or stolen in a business accident.
A small business may also be liable for libel, defamation, or invasion of privacy from its social media activity. This can cause serious problems for a business that wants to promote itself. Luckily, most policies offer this coverage for a reasonable price and can be purchased in combination with other insurance policies.
The first thing that a business owner must do is check to see what is covered in their standard business insurance policy. Most policies contain language that limits coverage for certain types of communications or information, and this may apply to the social media content that a business publishes.
Another thing that businesses should consider is their commercial general liability (CGL) coverage. CGL insurance is a typical form of business liability insurance that covers bodily injury and property damage caused by an insured’s negligence. It can be combined with a business owner’s policy (BOP) to get a discount on the combined cost of the policies.
When evaluating the potential for claims against a business, underwriters look at the business’s understanding of their risk and how they manage it. They also want to see a company’s existing coverage, if any, and whether or not there are gaps in their protection.
Companies can protect themselves from potential claims by creating and implementing a social media policy that employees are required to follow. They can also create a training program for employees that encourages them to be mindful of their behavior. They can also reinforce these practices through regular employee meetings.
Privacy Invasion
When a business publishes private information online or takes photos of customers that may be used in advertisements, it is considered an invasion of privacy. The person in the picture has a right to privacy, and if the business does not have their permission or they can object, it can be a cause for litigation.
Invasion of privacy coverage is available through most general liability policies and some professional liability insurance forms for some professions. It’s also an important protection in some cyber liability policies and even in some umbrella liability insurance coverage.
One example of a privacy invasion is publishing someone’s image or likeness without their consent, such as when a radio broadcaster befriends a celebrity to gather information for a gossip segment. In this scenario, the broadcaster then publishes that information on their show, exposing the celebrity to legal claims of invasion of privacy.
Another type of privacy invasion is the publication of slanderous comments on social media channels. For instance, if you publish a scathing post about your competitor, that could be classified as an invasion of privacy because it damages a third party’s reputation.
The good news is that most small businesses have general liability policies that already include this protection. The best way to protect your company from invasion of privacy lawsuits is to make sure you have the appropriate amount of coverage in place. If you are unsure, talk to our trusted insurance professionals to discuss your particular coverage needs. Our friendly staff will help you compare quotes and find the right policy for your company.