In an era dominated by digital communication, the media landscape has become increasingly challenging to navigate. Political tensions, evolving regulations, and the widespread perception of social media as informal spaces have blurred the boundaries of acceptable expression.
Both individuals and organisations face growing challenges around communication. Recent 2025 reports show increasing attention to the risks of remarks made in professional contexts, contributing to rising media liability issues.
“An organisation can be held liable if an employee’s public statements are perceived as representing the company’s views, which is why employers should have clear social media and conduct policies,” said Robbie Wood, underwriter at Hiscox UK. Wood added: “Liability may arise under employment law, discrimination laws, or reputational harm claims.”
With digital publishing and social media redefining what counts as 'media', brokers now face a critical role in helping clients navigate a fast-evolving liability landscape.
Legal risks from public statements are not limited to celebrities or high-profile individuals. Wood believes everyone in the media space should first be covered for Professional Indemnity (PI) insurance: “Professional Indemnity insurance is vital… it intends to protect the customer against defamatory statements, breach of a third party’s Intellectual property & breach of privacy.”
According to an MPR report, Media PI claims can offer limits of up to £10 million. Wood also highlighted the importance of liability cover specifically: "Liability insurance, particularly Media Liability Insurance or Errors & Omissions (E&O) Insurance, responds by covering legal defence costs, settlements, and damages.” He argued brokers must carefully consider terms and conditions when providing cover: “Coverage depends on policy terms and exclusions, and coverage often spans across a customer’s ‘Media content’ cover which is any content shared (or intended for sharing) with the public to inform or entertain."
Many media liability policies commonly exclude claims related to:
• Intentional unlawful acts
• Intellectual property disputes such as patents or trade secrets (some policies may cover certain IP claims)
• Physical injury or property damage (typically covered by other liability policies)
• Insolvency or bankruptcy issues
• Defects in physical products (usually covered by product liability insurance
Brokers can add value by:
• Guiding clients in selecting appropriate Professional Indemnity and Media Liability cover
• Helping clients understand policy terms, conditions, and exclusions
• Ensuring policies cover all media formats (online, print, broadcast)
• Assisting in identifying content risks within client output
• Supporting claims handling and incident response
Content featuring real names, likenesses, or personal opinions can create legal exposure. Brokers play a critical role in risk assessment. According to Wood: "When brokers are evaluating and mitigating potential liability risks related to the use of real names, likenesses, or personal opinions in content, they should thoroughly assess several factors. First and foremost, the content itself must be scrutinised to determine if there is a potential for defamatory issues to arise.”
Wood also emphasised defamation risk is universal: “Defamation can arise from something as seemingly harmless as a creator sharing a joke about someone via email or re-tweeting a piece of gossip.” He added that defamation must be proven through evidence of harm: “Defamatory statements are not considered defamatory unless they have caused or are likely to cause serious harm to the claimant's reputation. For businesses, this harm must result in serious financial loss.”
According to a Carruthers Law report, a solicitors’ firm was awarded £25,000 after a former client posted a dishonest and damaging online review. The court found the review likely deterred potential clients, causing reputational harm and financial loss.
Brokers can assist by:
• Assessing content for potentially defamatory statements
• Advising clients on the serious harm threshold under UK law
• Recommending legal review prior to publication
• Educating clients on the risks of online and informal communications
• Helping source cover with robust defamation protection
In today’s environment, backlash from controversial or satirical content is common. Brokers must guide clients through preventative strategies to reduce claim likelihood. Wood emphasised: “A media company could be blamed if content is seen as defamatory, invading privacy, or causing intellectual property issues.”
He added: “Insurers assess the intent of the content, audience impact, and legal precedent. Coverage may be available for satirical content, but exclusions often apply to deliberate defamation or incitement of harm. Social media exposure has increased liability risks given the ability to reach millions within seconds.”
Regarding intellectual property, Wood urged brokers to be vigilant: “Brokers should be vigilant about copyright issues, ensuring no unauthorised use of material. By carefully examining these aspects, brokers can better protect clients from potential liability risks.”
According to a CNBC report, Getty Images is suing Stability AI for allegedly scraping millions of images to train Stable Diffusion, claiming copyright and trademark infringement; Stability AI admits using some images but denies liability. Pre-publication risk management is also critical, Wood noted: “Brokers can recommend strategies to clients to limit liability claims before releasing sensitive or controversial content. First, clients should conduct thorough legal reviews of content before publishing to ensure compliance with laws and regulations.”
He also stressed the importance of permission documents: “Obtaining releases for use of real names and likenesses helps protect against claims related to privacy and unauthorised use. Disclaimers should clarify that opinions and satire do not necessarily reflect the company's views.
“Comprehensive Professional Indemnity (PI) coverage can provide essential protection against a wide range of liabilities.”
Risk mitigation strategies brokers should offer include:
• Recommending pre-publication legal reviews
• Advising on disclaimers and content warnings
• Helping clients secure usage releases for personal data
• Ensuring IP concerns are addressed and covered
• Encouraging review and update of internal content policies
• Sourcing tailored PI policies reflecting emerging risks
