Mitigating media risks: Why every organisation today needs specialist media liability insurance

Learn why media liability insurance is now vital for all kinds of public-facing organisations, including retailers, brands and non-profits.

In an age where every organisation has become its own publisher, the risks traditionally associated with media companies are now a pressing concern for non-media businesses too. Retailers, brands, non-profits and other organisations are increasingly exposed to media liability risks through their social channels, websites, media partnerships and marketing content. This article explores the evolving media risk landscape and how partnering with a specialist like Costero Brokers can ensure these organisations are adequately protected with bespoke insurance solutions.

The expanding media risk landscape for non-media organisations

Public-facing organisations such as retailers, brands, and non-profits are embracing content creation to engage audiences, raise awareness, build loyalty, fund-raise or drive sales. From publishing newsletters and launching marketing campaigns to engaging with followers on social media or collaborating with influencers, these organisations are now actively involved in content dissemination. While this offers new opportunities, it also opens the door to a growing array of risks.

Some of the most common media liability exposures include:

• Defamation and libel: A social post, advert, or article could inadvertently harm someone’s reputation, leading to legal action.
• Copyright and trademark infringement: Using an image, piece of music or even a slogan without proper licensing can result in costly disputes.
• Invasion of privacy: Publishing personal data or images without consent can breach privacy laws.
• Misleading marketing or advertising: Unsubstantiated claims or endorsements, including by paid third-party influencers, can lead to regulatory action.

These risks extend across an evolving variety of media channels, activities and platforms, such as:

• Social media (including Instagram, X/Twitter, LinkedIn, Facebook, TikTok)
• Websites and blogs
• Advertising and marketing communications
• Podcasts and video streaming
• Printed promotional material and in-store displays
• Quotes in the press or broadcast appearances
• Media tie-ins with partners and third-parties

Unfortunately, many of today’s media exposures are often not covered under standard commercial general liability (CGL) or public liability insurance policies. As noted in this article by law firm Hunton, many businesses mistakenly believe they are fully protected, only to find that media-related claims fall outside the remit of their existing coverage.

Real-world consequences: High-profile media liability cases

The business and reputational impacts of media liability cases can be severe. Here are some recent notable examples:

• Regulatory penalties: The U.S. Federal Trade Commission (FTC) recently issued formal warning letters to brands including Coca-Cola, Walmart, and nearly 700 other companies, cautioning them about the potential for civil penalties due to misleading practices involving social media influencers and product endorsements. The FTC flagged concerns over inadequate disclosure of paid partnerships and endorsements that could deceive consumers – highlighting how brands outside the traditional media sector face growing scrutiny and liability exposure for content shared by or through third parties. This serves as a clear example of how retailers and consumer brands can face regulatory and reputational risks related to the media they disseminate or sponsor online. (Source: Emarketer)
• Copyright crackdowns: Organisations penalised for using unlicensed copyrighted music on social channels recently have ranged from cosmetics brands to sports teams. A high-profile example has involved U.S. restaurant chain Chili’s, which faced a copyright lawsuit from Universal Music Group (UMG) in early 2025. UMG alleged that Chili’s used 62 of its songs in its Instagram and TikTok videos without permission, including Frank Sinatra’s “Fly Me To The Moon” and Ariana Grande’s “7 Rings”. This was the second lawsuit Chili’s faced in three months, as the Beastie Boys had previously sued them for using their song “Sabotage” in a social media ad. (Source: Miami Law Review)

In situations like these, specialist media liability insurance can provide protection, helping to cover legal costs, settlements, and crisis management services.

The power of specialist media liability insurance

Media liability insurance offers a tailored solution for these evolving exposures. Unlike broad commercial policies, specialist media liability coverage is designed specifically for content-related risks. It can provide protection against accidental incidents of:

• Infringement of copyright, trademark, or other IP rights
• Libel, slander, and defamation in media
• Breach of privacy or publicity rights
• Negligent publication or misstatements
• Breach of licence terms or scope

Optional sub-limited extensions may include:

• Regulatory defence costs
• Public relations expenses
• Mitigation costs (e.g., withdrawing or modifying content)

With media liability insurance in place, organisations can communicate confidently in all media, knowing they have comprehensive protection for the content they create, sponsor or share.

How an expert in media liability insurance can help you

At Costero Brokers, our Cyber, Media and Technology (CMT) team specialises in crafting bespoke media liability insurance programmes for all kinds of organisations. Whether you’re an insurer looking to place complex media risks, a broker working with content-active clients, or a business leader seeking to safeguard your brand, we can help.

We work closely with leading underwriters at Lloyd’s of London and top-tier international reinsurers to offer you:

• Broad, fit-for-purpose cover that reflects the specific risks of your sector.
• Competitive premiums backed by expert underwriting.
• Support for complex, hard-to-place or high-profile risks.

We understand that each organisation is different. That’s why we don’t take a one-size-fits-all approach. Instead, we partner with you to develop solutions that align with your activities, strategy, and operational footprint.

Ready to safeguard your media content and reputation?

Modern media presents endless opportunities for growth and engagement, but it also comes with new liabilities. With the right insurance partner, you can turn risk into resilience. Costero Brokers can help you obtain a media liability insurance programme tailored to your needs – whether you’re an insurer or broker seeking solutions for a client, or you’re from an organisation that creates and shares content.

Get in touch today to discuss how we can protect your reputation, enable bold communication, and empower you to embrace the media landscape with confidence.

To learn more about our cyber, media and technology insurance solutions and discuss your goals, please get in touch with our expert Jonathan Olley at Costero Brokers.