legal


There are a number of insurance brokers in the market who offer libel cover to journalists. Imaging Insurance has been the appointed broker for the NUJ for more than a decade and it offers members a discounted policy. “Premiums start at just under £37 a month, including the insurance premium tax levied by the government, and can be paid as an interest-free direct debit over 12 months,” says divisional director Martin Swann. “This entry level cost includes professional indemnity (PI) cover for up to £100,000, public liability cover of up to £1 million and extends to include a whole host of exposures, including but not limited to breach of contract, privacy, intellectual property and data protection obligations.” He adds that the policy is written on a “cost in addition


basis” so the costs incurred when defending an allegation are insured separately and don’t eat into the cover you have to pay for losses and awards in the event of a successful claim. According to Swann, one of the main benefits of having PI


cover is the protection it provides for defending an allegation of libel. “We deal with a number of PI claims each year for clients within the media industry and have seen a number of examples in recent years where the initial allegation against our client has been unfounded or spurious,” he says. The reasons NUJ members buy this cover vary. Swann says one noticeable trend he has recently detected is a growing number of members are taking cover as a result of contracts


“ ”


People only need cover if they are publishing risky stories on a platform that does not take on the libel risk itself. It really does depend on the nature of the story


or retainers they have with publications. “The move towards requiring indemnities from freelancers and subcontractors is something we are seeing across the whole media industry and not just for writers as companies look to pass their liabilities,” adds Swann. “We would suggest that there are a number of freelance members who may not be aware of their need to carry cover to satisfy their contractual obligations. These contractual indemnities could include areas like breach of Intellectual property rights, data protection, breach of confidentiality and cyber risks.” Thankfully, for the vast majority of freelance journalists, being pursued for damages under libel laws is never going to be an issue. And, even for those who occasionally walk the tightrope and report on issues where that risk is high, the chances of a claimant pursuing an individual reporter is remote.


“Most journalists are not worth suing as the ability of the


claimant to obtain substantial damages is limited,” says Banks. “That is not to say freelances don’t get sued – sometimes they do. But large publishers are easier and more lucrative to sue.” The libel risk to most UK freelance writers is low but, given the substantial legal costs associated with defending an action in court in addition to the hefty financial settlements successful claimants can be awarded, journalists have to ask themselves whether not having libel insurance cover is a risk worth taking.


theJournalist | 15


BRAIN LIGHT / ALAMY STOCK PHOTO


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