August 23, 2018
Online content has the ability to spread like wildfire. Social media and blog postings can go viral moments after being posted, often by publishers who had no idea of the impact it would have upon being posted. We all expect that major media and news outlets will get sued for publishing defamatory content, but in this day and age where individuals and bloggers have the world at their fingertips, they also have the same ability to reach millions of people in a single day.
Merriam-Webster defines defamation as “the act of communicating false statements about a person that injure the reputation of that person: the act of defaming another.” Under common law, defamation comes in two forms: libel (written) and slander (spoken). Generally, in order to bring a claim for defamation, a plaintiff must prove that the defendant made a false and defamatory statement about the plaintiff to a third party and that the defendant negligently published the communication. Additionally, in some jurisdictions, a plaintiff must also prove special or quantifiable damages.
While defamation claims have been around for hundreds, if not thousands of years, the new age of social media and blogging have made defamation claims easier for plaintiffs to bring and more difficult for insurers to defend. And while most of the defamation cases you read about usually tend to involve major media and news outlets, there have been many recent instances involving individuals and smaller-scale blogger defendants. There are many ways for both individuals and insurers to proactively defend themselves against claims of this nature before they are brought.
First, both insurers and individuals should be aware of and make informed decisions when choosing from the many types of policies offered by different companies. In some cases, defamation insurance is available to individuals under their renter or homeowner’s policy; however, coverage often tends to apply only in limited circumstances, with many exclusions. Even if you or your insureds are not particularly active online, the small cost of an added premium may ultimately end up saving you thousands in litigation costs.
Defamation insurance is also often available under a separate or umbrella/excess policy and can sometimes also be included as part of a professional liability insurance policy. For individuals particularly interested or engaged in blogging and individuals with extremely active online presences, especially individuals who blog or use social media in a professional capacity, defamation insurance coverage should be a necessity.
If you or your insured have been sued for a defamation claim and you have questions regarding coverage issues and/or defending the defamation claim, you should speak with an attorney immediately. Please do not hesitate to contact our office with any questions you may have.