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If you publish, post, produce or broadcast for a living, this is the policy that defends what you put out.
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Media liability insurance defends you and pays damages when someone claims content you created, published or distributed harmed them. It covers allegations of defamation, infringement of copyright or trademark, invasion of privacy, misappropriation of a name or likeness, and plagiarism, across print, broadcast, web, social media, podcasts and advertising. It is written for publishers, agencies, producers and creators whose content is part of the product.
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Media liability insurance defends you and pays damages when someone says your content harmed them: defamation, copyright or trademark infringement, invasion of privacy, or use of a person's name or likeness without permission. It covers print, broadcast, web, social, podcasts and the campaigns you create for clients. A standard commercial general liability policy covers only a narrow slice of this, and often excludes media businesses entirely.
Most media claims are fights over legal fees: a demand letter over an image, a notice of libel, an anti-SLAPP motion. We match the policy's definition of covered media activities to what you actually publish, check your client contracts for content indemnities, and combine media with professional liability where that fits.
A media policy responds to claims arising from your content, which the wording usually calls 'media material' or 'covered material'. The insuring agreement typically covers:
Media liability does not cover your own losses, such as a hacked website or stolen subscriber data. That is cyber insurance, and the legal duties after a data leak are covered on our privacy breach page. It also does not cover bad advice to a client, which is professional liability.
Anyone whose business is creating or distributing content for others to see, or whose clients require it in their contracts.
Media liability is usually written on a claims-made basis, either as a standalone policy or combined with professional liability for agencies and creators. The terms that decide a claim:
A defamation claim says you published a statement that would lower someone's reputation in the eyes of a reasonable person. The defences that usually decide the outcome are truth (justification), fair comment on matters of opinion, privilege, and responsible communication on matters of public interest.
The responsible communication defence comes from Grant v. Torstar Corp. (2009), where the Supreme Court of Canada held that a statement of fact on a matter of public interest can be protected even if it cannot be proven true, provided the publisher was diligent in trying to verify it. That makes your verification process, notes and right-of-reply attempts evidence. A media policy pays to present them.
Ontario's Libel and Slander Act adds procedural rules for libel in a newspaper or broadcast. They apply only to newspapers printed and published in Ontario and to broadcasts from Ontario stations.
| Rule | What the Act says | Why it matters |
|---|---|---|
| Notice of action (s. 5(1)) | No action lies unless the plaintiff gives written notice specifying the matter complained of within six weeks after the libel came to their knowledge | A notice letter is often the first sign of a claim. Report it to your broker the day it arrives |
| Limitation (s. 6) | The action must be started within three months after the libel came to the plaintiff's knowledge | A short window, so a claim usually follows quickly after the notice |
| Retraction and actual damages (s. 5(2)) | Recovery can be limited to actual damages where publication was in good faith, by mistake, did not involve a criminal charge, and a full and fair retraction ran conspicuously, in a newspaper's next regular issue or within three days after the notice | The retraction clock starts with the notice. Agree the wording with the insurer and counsel fast |
| Apology in mitigation (s. 9) | A defendant can plead a full apology, published at the earliest opportunity, without actual malice or gross negligence, in mitigation of damages | Apologize through counsel, not on social media in the heat of the moment |
| Publisher identification (s. 8) | A newspaper must state its proprietor, publisher and address to benefit from ss. 5 and 6 | Check your masthead or imprint |
Ontario and British Columbia both allow a defendant to ask the court to dismiss a lawsuit early when it arises from expression on a matter of public interest. In Ontario this is section 137.1 of the Courts of Justice Act. In British Columbia it is the Protection of Public Participation Act.
Under both, once the defendant shows the claim arises from expression on a matter of public interest, the court dismisses it unless the plaintiff shows grounds to believe the claim has substantial merit, that the defendant has no valid defence, and that the harm is serious enough that the public interest in letting it proceed outweighs the public interest in protecting the expression. If the motion succeeds, the defendant is generally entitled to costs on a full indemnity basis. In Ontario, the court can also award damages where the claim was brought in bad faith or for an improper purpose.
An anti-SLAPP motion is front-loaded litigation, often with affidavits and cross-examinations early. A media policy funds it as part of the defence, and a successful motion can end a claim before a full trial.
Most content claims against agencies and creators are not defamation. They are infringement claims over a photo, a music track, a font or a stretch of code. Under the Copyright Act, a copyright owner can elect statutory damages instead of proving actual loss. For infringement for commercial purposes, the court awards between $500 and $20,000 per work. For non-commercial purposes, the range is $100 to $5,000 for all infringements in the proceeding. A campaign using several unlicensed images can therefore multiply quickly.
Licensed assets still generate claims: a licence that didn't cover the territory, the medium or the duration; a stock image whose uploader never owned it; a music cue cleared for the web but not for broadcast; or a freelancer's work used without a written assignment. Keep a licence record for every asset, and make contractors assign or license their work in writing.
Patent infringement is almost always excluded, and trademark cover is sometimes limited to use in content rather than in your own brand name. If you are naming a product or company, clear the name separately.
| Excluded or limited | How to cover it |
|---|---|
| Content published before the retroactive date | Keep coverage continuous, and negotiate prior acts cover when you switch insurers |
| Patent infringement and trade secret misappropriation | Generally not insurable under media forms; manage by clearance and contracts |
| Deliberately false or knowingly infringing content | Not insurable; innocent insured wording can protect the business from one person's acts |
| Breach of contract, licence fees and royalties owed | Not covered as damages; fix with clear licence terms |
| Professional errors in client work, such as a missed deadline or bad strategy | Professional liability |
| Bodily injury and property damage | Commercial general liability |
| Data breaches and network security failures | Cyber and privacy breach coverage |
| Claims by employees or co-founders over ownership of content | Employment and ownership agreements; some disputes fall under D&O |
Most standard CGL policies include personal and advertising injury, which can cover some defamation and infringement claims arising from your own advertising. For a business whose content is incidental, that may be enough. For a media business, it usually isn't, because CGL forms commonly exclude insureds in the business of advertising, broadcasting or publishing, and limit infringement cover to your own ads. Our guide to reading your CGL policy shows where these clauses sit.
| CGL personal and advertising injury | Media liability | Professional liability (E&O) | |
|---|---|---|---|
| What it covers | Some defamation, privacy and infringement arising from your own advertising | Defamation, IP, privacy and related claims from all covered content, including client work | Financial loss from errors, omissions or negligent services |
| Media and advertising businesses | Often excluded | Designed for them | Covers the service, not the content claim |
| Client campaigns you create | Usually not covered | Covered if within media activities | Covered for errors, not infringement |
| Trigger | Usually occurrence | Usually claims-made | Claims-made |
Agencies and creators usually combine media liability with E&O on one form. Our explainer on CGL vs. professional liability covers the E&O side.
A hypothetical Toronto marketing agency runs a social campaign for a client using eight lifestyle photos from a free image site and a quoted customer testimonial criticizing a competitor by name.
The agency's client contract required it to indemnify the client for content claims, which is common. Without media liability, both claims and the client's costs would have been the agency's alone.
Media liability is rated on the volume and nature of what you publish, not on payroll or square footage. Underwriters look at:
Media is placed in the financial and professional lines market, which Marsh's Global Insurance Market Index showed down 4% in Canada in the third quarter of 2026. New agencies often add it when their first client contract asks for it.
Insurabiz is an independent brokerage working only in business insurance. With media risks, the job is matching the policy's definition of media activities to what you actually publish.
Our claims team handles the notice and stays involved through resolution.
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This page is general information, not insurance or legal advice. Coverage depends on your policy wording and the insurer. Speak with a licensed broker about your situation.
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