AI, media and liability: why creators can’t rely on generic E&O anymore

Alexander Blair Johns warns that influencers, podcasters and publishers are running into exposures that only specialist media E&O policies are built to handle

AI, media and liability: why creators can’t rely on generic E&O anymore

Professional Risks

By Branislav Urosevic

Artificial intelligence is now woven into almost every corner of content creation. Influencers lean on it for captions and scripts, podcasters for show notes and promos, and digital publishers for drafting copy and generating visuals. What began as a handy productivity boost is now reshaping how risk shows up for anyone who publishes at scale.

As Alexander Blair‑Johns (pictured), CEO of Signal Underwriting, puts it, “the rise of AI-created and AI-assisted content has fundamentally changed the media E&O landscape.” That change isn’t abstract. It is showing up in the kinds of mistakes that slip through, the volume at which they can occur, and the legal theories claimants and their lawyers are reaching for.

A recent example shows how quickly this can go wrong. Earlier this week, Mexico’s president displayed an AI-generated image of accused drug trafficker Ryan Wedding at a press conference as supposed proof he had surrendered, only for journalists to later confirm the image was fake.

One of Blair-Johns’ main concerns is the way automated tools can create trouble around ownership and originality.

“These tools significantly increase the potential for accidental intellectual property infringement in both text and graphic-generated content.” When a single person writes an article or commissions an illustration, there are usually clear checkpoints: sourcing, editing, legal review. When an automated system can churn out dozens of variants in a few clicks, it becomes much harder to keep track of where inspiration ends and protected material begins.

That risk isn’t limited to large newsrooms. Small production teams and solo creators can just as easily publish something that looks or reads too close to an existing work without realizing it. The sheer volume and speed of output make it easier for a misstep to slip past internal controls and end up in front of an audience – and, potentially, a complainant.

Accuracy is the other side of the coin. Blair‑Johns notes that, “additionally, AI is not infallible: we've seen cases where factual errors are replicated and amplified when organizations rely heavily on these systems.” In practice, that might mean a wrong date, a mislabelled photo, or a misattributed quote that gets reproduced across articles, social posts and marketing assets because the same system and prompts are being used again and again.

For media clients, the harm from that kind of repetition is twofold. First, there is the immediate risk of a complaint or claim from the person or business that has been misrepresented. Second, there is the longer‑term hit to credibility when audiences start to question whether they can trust what they’re reading, hearing or watching. When the error has been multiplied across platforms, both the legal and reputational consequences are that much harder to unwind.

This is where the limits of conventional cover start to matter. Blair‑Johns stresses that, “Traditional E&O wordings lack the comprehensive coverage that media E&O policies provide for exposures like public disclosure of private facts, intrusion, and interference with rights of privacy or publicity.” In other words, standard professional liability forms weren’t built with the full range of media-specific harms in mind.

The examples he points to – disclosure of personal information, unwanted intrusion, and disputes over how someone’s identity or persona has been used – are increasingly live issues in an environment where technology makes it easy to remix, repackage and broadcast personal data and images. A clip, image or story that feels routine from an editorial or marketing standpoint may look very different when viewed through the lens of privacy or publicity rights.

The distinction Blair‑Johns draws between more generic wordings and specialist protection is important here. Media-focused policies are constructed around the realities of publishing, broadcasting and digital distribution. They are meant to respond to the mix of defamation, privacy, intellectual property and related reputational harms that flow from that activity. Off‑the‑shelf cover may leave gaps at exactly the points where these new tools are creating pressure.

That is why his conclusion is somewhat blunt: “Given these evolving risks, it's critical that media clients seek media E&O coverage specifically.” For influencers, podcasters and digital publishers, the message is that insurance needs to evolve in step with their workflows. If automation and generative systems are now part of how content is produced, checked and pushed out, then risk transfer needs to reflect that reality rather than a slower, more manual model of production.

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