Insurance for Publishers

Worried about libel, copyright and confidentiality? We know your risks and have you covered.

What you need to know about insurance for publishers

What you need to know about insurance for publishers

At Whinney Insurance we know that you need tailored insurance for your publishing business and that it’s critical you are covered for defamation, intellectual property and breach of licence.

We know you need expert advice to ensure these legal matters are properly managed, and a professional indemnity insurance policy that protects you against claims from third parties.

What are the three key things to look out for when considering publishers insurance?

As a publisher, you need to ensure your policy includes defamation, intellectual property, and breach of confidentiality.

So, defamation, the policy should include if you damage a third party’s reputation. That’s probably the most likely claim you will get.

Uh intellectual property. So that should include copyright allegations that you’ve copied a third party’s material and published it.

And finally, confidentiality. If you publish uh content without the permission of third parties, that also needs to be included within your policy.

How do the insurers calculate your professional indemnity premium?

So they price your policy based on the risk of your content. So, if I put this into context, if you’re publishing an educational magazine, the content is relatively low risk in the insurers’s eyes. Whereas, if you’re publishing a gossip or a a a feature magazine, which um potentially mentions celebrities, that’s a higher risk. So, the insurers will charge a higher premium.

Next, they will look at circulation. So, is your magazine going to be circulated once a month to 5,000 people, or is it going to be circulated every single day to hundreds of thousands of people? If it is, the policy with the largest circulation will will carry a higher a higher price.

Uh finally, the insurers look at your experience and whether you have an in-house legal team or whether you refer to third party legal team. Especially if you’re publishing highly contentious content, you need you need to demonstrate to the insurers that you’ve got the necessary experience to check what you you’re publishing and check that it doesn’t defame or or offend a third party.

What else should publishers consider?

The last thing we would advise a publisher is to double check that their policy includes both physical print and also digital print. With with websites and content going viral, it’s absolutely critical that your policy, it’s very clear within your policy that you’re covered for your digital and online exposures.

For more videos and information, please visit www.whinneyinsurance.co.uk.

Professional indemnity and why you need it

Professional indemnity insurance protects you against the cost of compensation to clients or third parties if your professional work has caused them to lose money. In the case of publishers, claims usually arise as a result of damage to the reputation of a third party.

Importantly for publishers, professional indemnity insurance not only provides the compensation required to rectify any mistakes in your work, but it also provides cover for defence costs in situations where the claim made by a third party is unjustified.
The likelihood of you receiving a claim depends on your business, particularly:

  • The content and nature of your publications, for instance a tabloid newspaper is more likely to have claims than a parish council magazine.
  • The circulation of your publication because the size of your audience may increase your chances of a claim.
  • The territories your publications reach because different countries have different laws regarding breach of privacy, defamation and breach of intellectual property.

Even if you publish a local newspaper with a small circulation, it’s worth protecting yourself against the legal liabilities you may face.

Some publishers trade without professional indemnity but they run the risk of potentially costly legal fees if things do go wrong. Professional indemnity gives you peace of mind for a relatively small premium.

Common claims against publishers

  • Defamation – Even if the content of your publications is very low risk, that doesn’t guarantee that someone, somewhere won’t take offence. Alleged offensive content can go viral online, boosting circulation and subsequent damages if the claimant is successful.
  • Plagiarism or infringement of a third party’s intellectual property rights – If allegations are made that your publications are a copy or similar to that of another’s.
  • Breach of confidentially – If you accidentally publish personal or business sensitive details you do not have permission to distribute.
  • Negligence – The basic cover under a professional indemnity insurance policy that covers your mistakes from a small typo to placing a weekly advert with an incorrect contact number.

Online vs print publishing

Insurance companies offering tailored professional indemnity for publishers understand the rise of the internet and the need to protect against claims for both paper publications and online content. They will usually measure the circulation risk by using the number of visitors to your website.

We’ll ensure you get a policy that clearly covers both your online and print publications.

What are the three key things to look out for when considering publishers insurance?

As a publisher, you need to ensure your policy includes defamation, intellectual property, and breach of confidentiality.

So, defamation, the policy should include if you damage a third party’s reputation. That’s probably the most likely claim you will get.

Uh intellectual property. So that should include copyright allegations that you’ve copied a third party’s material and published it.

And finally, confidentiality. If you publish uh content without the permission of third parties, that also needs to be included within your policy.

How do the insurers calculate your professional indemnity premium?

So they price your policy based on the risk of your content. So, if I put this into context, if you’re publishing an educational magazine, the content is relatively low risk in the insurers’s eyes. Whereas, if you’re publishing a gossip or a a a feature magazine, which um potentially mentions celebrities, that’s a higher risk. So, the insurers will charge a higher premium.

Next, they will look at circulation. So, is your magazine going to be circulated once a month to 5,000 people, or is it going to be circulated every single day to hundreds of thousands of people? If it is, the policy with the largest circulation will will carry a higher a higher price.

Uh finally, the insurers look at your experience and whether you have an in-house legal team or whether you refer to third party legal team. Especially if you’re publishing highly contentious content, you need you need to demonstrate to the insurers that you’ve got the necessary experience to check what you you’re publishing and check that it doesn’t defame or or offend a third party.

What else should publishers consider?

The last thing we would advise a publisher is to double check that their policy includes both physical print and also digital print. With with websites and content going viral, it’s absolutely critical that your policy, it’s very clear within your policy that you’re covered for your digital and online exposures.

For more videos and information, please visit www.whinneyinsurance.co.uk.

Frequently Asked Questions

We know you’ll have questions about your insurance. If you don’t find the answers you need in our FAQs, call our dedicated team of expert advisers.

Publishers

You’ll need a tailored package that includes:

  • Professional indemnity insurance – We suggest you have professional indemnity. This covers you for allegations of mistakes and provides compensation where you are liable due to professional negligence. It usually covers associated defence or legal costs too which is vital when you are working with companies bigger, and more able to litigate, than yours. It will cover you for claims from clients and third parties.
  • Cyber insurance – Cyber criminals are acutely aware that advertising agencies have access to sensitive commercial data which they can exploit. You’ll need cover if they gain access to your systems.
  • Public and product liability – This covers physical injury and damage and can be added to packages at a low cost.
  • Employers’ liability – This will protect you from legal costs should an employee sustain a bodily injury in the course of their employment. If you have any employees it is compulsory in the UK to have employers’ liability and it can be added to packages at a low cost.
  • Computers, laptops and office equipment – We advise insuring your IT equipment from theft and destruction and can offer cover for portable IT on a worldwide basis.
  • Directors’ and officers’ insurance – This covers claims against directors or senior managers made in a personal capacity and is especially relevant if you have external investors who could hold company directors liable for failures or missed targets.

The publication of any content, regardless of the topic, has an element of risk.

In some cases the genre of the content may be very low risk or un-contentious, but that doesn’t mean a person or company won’t raise a grievance. A grievance can be anything from allegations that content is not original to a breach of confidentiality or privacy.

The risks associated with more contentious content, usually associated with investigative journalism, biographies or topics of a religious, political of commercially-sensitive nature, carry an increased defamation risk. Defamation claims, even those entirely unfounded can result in expensive legal costs. Our publishers’ insurance provides a legal defence for your business and helps with the costs of putting things right, if you are liable.

The right insurance protects your business, its reputation and balance sheet.

  • If you have American or Canadian clients or contracts, they will probably be excluded and some insurers will restrict cover to UK claims only. However, policies can be extended to include USA and Canada protection for an additional premium.
  • If you are involved with advertising production, some policies will exclude work away for the office unless you buy an extension.
  • Most media policies will exclude any claims related to patents. We can explore additional coverage if you need it.
  • Some insurers will apply a retro-active date, which means complaints or claims related to work prior to that date are excluded.
  • Deliberate acts, dishonest or fraudulent acts are usually excluded unless committed by an employee without the knowledge of senior management.
  • Disputes which are purely commercial in nature and not linked to your supply or service provision, such as a commercial dispute with a supplier, may be excluded. Disputes with clients are usually covered, especially if they allege your business has been negligent or breached a contract.

There’s no simple answer because a judgement will be dependent on a number of factors, including:

  • The gross revenue of the business.
  • The nature of the content published.
  • Previous litigation.

We can cover publishers of any size and seek quotes for publishers working on high-risk content like investigative journalism.

We can also source quotes for individuals that self-publish, although they might just need an authors’ insurance product which includes:

  • The circulation of the content, both in terms of geography and volume of monthly readers.
  • The presence of available indemnities with authors.

elements that can be included in your Publishers Insurance package

Professional indemnity for publishers

Professional indemnity covers you for mistakes, or allegations that you’ve made a mistake. Any old professional indemnity will not suffice. Our policies are tailored to cover the unique risks faced by professionals in the media and marketing industry, including breach of intellectual property or copyright, breach of licences and unintentional breach of client contracts.
Professional Indemnity
Liability Insurance

Liability insurance for publishers

Public liability covers bodily injury or property damage caused by your publishing business. Our policies can be extended o cover book launches and tradeshows. It is often purchased alongside employers’ liability, which protects from legal claims should an employee sustain a bodily injury in the course of their employment.

Employers’ liability is a legal requirement in the UK, and you should be aware you may be required to have employers’ liability in place to cover those who work with you temporarily, such as assistants and models.

Technical equipment insurance for publishers

Cover for damage or theft of your office equipment and computers, plus portable technical equipment. Worldwide all risks coverage, including accidental damage and theft as standard on all policies. Available on all types of media equipment. Unlike other providers we can also cover hired equipment in addition. Our policies always include cover the hire fees whilst your equipment is being repaired or replaced.

Technical Equipment Insurance
Cyber Insurance

Cyber insurance for publishers

Cyber insurance will cover costs associated with a cyber-attack. These can include legal fees, IT forensic costs, IT rebuild or restoration costs, costs associated with notifying data subjects and lost revenue during downtime.