Media liability
Cover for the insured's liability arising from content it publishes, defamation, copyright or trademark infringement, invasion of privacy, often built into the cyber policy for digital content.
Media liability cover responds to third-party claims alleging that content the insured published or distributed caused harm: defamation and disparagement, invasion of privacy or image rights, infringement of copyright, trademark or domain name, plagiarism, sometimes misleading advertising. Historically reserved for publishers, broadcasters and advertising agencies, it was built into cyber policies for the digital content of any company: website, social media, newsletters, apps. Patents are almost always excluded, because patent litigation runs on a different cost scale. Two developments have renewed interest in the cover. AI-generated content multiplies the risk of unauthorized reproduction of protected works and of false statements about real people, without any employee having decided it. And the hijacking of a corporate account can lead to damaging content being published in its name, which places the claim on the border between media cover and security cover. The underwriter looks at the content approval process and at the rights held on the images and texts used.
Textbook case: a company illustrates its social media posts with photographs found online. A photo agency that automatically monitors use of its catalog demands a fee for each image, for a total of several tens of thousands of euros: the claim falls under the media cover, and both defense costs and any settlement are paid within the applicable sublimit.
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