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Content insurance

There are some common pitfalls that publishers need to watch out for in the day-to-day running of their business. Detailed below are three horror stories - and what you can do to protect your company.

Case study 1

An article published allegations on the money laundering activities of a chain of building companies. Although the facts may have been supplied by a witness, when litigation ensued the witness was shown to have an ulterior motive and the story could not be sufficiently supported. The publisher settled out of court for £100,000.

Case study 2

An agency supplied photographs of a rock star's family to a publisher for use in an article. The agency had failed to gain copyright approval for their use. The publisher paid £20,000 in settlement.

Case study 3

A magazine carried an advert for a well known fashion house. The contact details of the featured designer were mixed up with those of a rival designer's stockists. This caused not just acute embarrassment but the alleged loss of trade, clients and goodwill. The publisher's Hiscox PI policy paid out £35,000 compensation to the claimant helping to pay for the ad to be corrected and placed in the next edition.

It is a good idea to protect both yourself and your business from these dangers. There are insurance products available at a relatively low cost to help to cover you for these risks. It is a good idea to ensure that the following areas are included:

  1. Libel and professional indemnity
    Including defamation, libel, slander and malicious falsehood.
  2. Cover against breach and infringement of intellectual property rights and defamation
    Arising from your own marketing or advertising materials and in connection with copyright, patent, trademark, moral rights and passing off (including advertising and marketing claims).
  3. Cover to withdraw a publication
    Either to comply with a court order or to settle a claim.
  4. Breach of confidence or infringement of right to privacy
    In connection with journalistic and related activities.
  5. Negligence or breach of an expressed or implied contractual duty
    Relating to reasonable care and skill when performing client duties.
  6. Misuse of information
    Which could be confidential or subject to statutory restrictions

    Other key areas of cover:
  7. Cover for employment practices liability
    Employment practices liability insurance (EPLI) is designed to protect the company and all its employees (be they directors, officers, partners or supervisory employees) from financial loss as a result of actions based upon allegations of:
    • unfair or wrongful dismissal;
    • race, sex, or disability-based discrimination;
    • breach of contract claims and
    • the creation of a hostile working environment.
  8. Internet and cyberliability insurance
    Includes coverage for liabilities relating to:
    • ecommerce;
    • coverage for website damage;
    • inadvertent transmission of a computer virus;
    • damage to data / website from unauthorised access;
    • internet fraud cover
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