Small businesses that use social media platforms to promote their products or services are more vulnerable to accusations of libel, slander, and copyright infringement. A general liability policy can protect you from these advertising injury claims and more.
Social media is a very powerful tool for small business owners, providing a way to connect with customers, promote your brand, and advertise to a larger audience in a more cost-effective way.
Of course, posting ads on social media or creating influencer marketing content can also pose some liability risks, including accusations of defamation, copyright infringement, and invasion of privacy. Insurance companies refer to these types of offenses as advertising injuries, which are acts committed by a business in spoken or written content featured in its marketing and advertising materials.
A general liability insurance policy would protect you against expensive lawsuits, helping to pay for your legal defense, plus any damages, judgments, or settlements.
Here are some of the common social media advertising injury risks covered by general liability:
Libel occurs when someone makes false, defamatory statements in writing.
For example, a photographer posts comments on Facebook about a competitor being unprofessional, leading multiple customers to cancel their bookings with that other photographer.
Slander involves false, defamatory statements someone makes verbally.
For instance, a personal trainer creates podcast ads accusing another gym of unethical behavior, causing a drop in the other business’s popularity and profitability.
Copyright or brand infringement happens when copyrighted material is used or reproduced without the owner’s authorization.
An example would be if a social media influencer creates sponsored content on Instagram using a professional photographer’s images without getting their permission or crediting their work.
Invasion of privacy occurs when a business uses a person’s name, photo, or personal details in marketing materials or on social media without their consent.
For instance, a for-profit counseling center posts ads on LinkedIn featuring photos of patients without getting permission from those individuals.
Depending on the industry you’re in, the professional services you provide, or the kind of social media content you’re posting, you might need additional liability coverage to protect against your small business’s unique risks.
Here are a few types of insurance to consider:
General liability insurance excludes advertising injury coverage for media companies, such as advertising agencies and publishing companies.
Often, this coverage can be supplemented with media liability insurance, which is a type of professional liability insurance, also known as errors and omissions insurance (E&O).
This policy will cover claims related to:
While not all social media influencers are classified as media companies, some operate similarly when it comes to content creation and distribution. As part of your risk management strategy, it’s smart to check your general liability policy to see if there are any exclusions.
Content creators who are regularly posting original creative work on social media channels, including YouTubers, vloggers, and bloggers, should also consider intellectual property (IP) coverage, which can be added as an endorsement to an E&O policy.
IP insurance covers defense costs, damages, and settlements for patent, copyright, and trademark infringement lawsuits, plus it would assist with any costs required to protect your own IP rights.
Whether you’re using social media for your own brand or creating content for a client, using digital platforms and storing follower data makes you extremely vulnerable to cyberattacks and data breaches. Cyber liability insurance can help pay for:
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Social media claims are becoming more common, which is why your small business might need a general liability insurance policy to help weather a lawsuit. Here are a few more steps you can take to protect your small business:
Ready to get social media liability insurance for your small business? You can apply for free insurance quotes today from top-rated providers across the U.S.
If you’re not sure which types of coverage would best suit your needs, our licensed insurance agents are here to help. Once you’ve picked your policy, you can typically get coverage and a certificate of insurance (COI) within 24 hours.
Social media liability insurance coverage for businesses