As the community manager or social media manager/maven/diva/dude or guru for your association, you may have questions about liability insurance for your activities. And if you haven’t thought about it, you should, because your actions and members’ participation can have legal ramifications for your association. Hopefully your association has the appropriate insurance coverages so you and the members are covered. You may want to forward this post to the person responsible for the association’s insurance program to make sure the right coverages are in place.

Social Media Exposures

Social media exposures are no more severe than the risks arising from the association’s website, discussion forums, electronic newsletter, wiki, print publications, audio, video and electronic publications and member sites. The media worries are defamation and disparagement (where you say or write bad and untrue things about a person, organization or their goods and services) or invasion of privacy (when you use either someone’s name or photo (including tagging) without their permission (get those media waivers signed!)). Other issues include copyright infringement, plagiarism, or infringement of title, slogan, trademark, trade name, trade dress, service mark or service name (you modify someone’s logo, trademark or use their slogan without permission). These exposures existed prior to social media, but now your reach is broader, quicker and things can go viral. So first you want to have the appropriate safeguards in place (social media policy, logo guidelines, code of conduct, et al.) but accidents happen, so your association should consider purchasing insurance or modifying its existing coverages to address these exposures.

Directors & Officers Insurance

Most associations have a Nonprofit Directors & Officers (D&O) Insurance policy (if you don’t because the association is small, reconsider it). The policy may include coverage for Personal Injury and/or Publishers Liability either as a part of the definition of “wrongful act” or as an additional coverage. Read the policy – each one defines Personal Injury and Publishers Liability differently. However, most D&O policies exclude coverage for emotional distress or mental anguish which is often a part of a media claim. Also the policy may have a professional services exclusion that would apply to all media activities.

The D&O policy was not designed to be the primary media liability insurance for an association with extensive media activities. For a small association with limited publications and web presence, a D&O policy with Personal Injury and/or Publishers Liability may be adequate.

Media Liability

Associations with extensive media activities should consider a media liability policy. However, if your association has an Errors & Omissions policy for its professional programs, the E&O policy can be modified to extend coverage for media exposures.

One advantage of a media liability policy is it can provide coverage for losses arising from the content of the publication. If the blog posting or article explains how to do or make something and someone gets hurt or suffers a financial loss, the association may be held liable. The policy can also be endorsed to cover claims arising from bodily injury or property damage arising from the content or subject matter.

A word of caution – coverage is determined by the policy’s definition of “media†or “matter.†The definition may limit coverage to listed web sites and publications. Make the definition as broad as possible especially to cover all of the association’s websites, including its subsidiaries’ and affiliates’ sites (don’t forget the ones established for key meetings, events or programs) and all types of written, oral and electronic publications. You also want the policy to cover the association’s staff and members’ participation in all social media sites and tools used within your social media strategy that are not owned, operated or controlled by the association. The association should also ask the insurance company to add volunteers and authors as an additional insured under the media or E&O policy.

Personal Liability

When participating in the world of social media as a part of your job, your actions should be covered by your employer’s insurance (when acting within the scope of your duties). However, if you have a personal blog, website, YouTube channel, etc. your employer’s insurance will not apply to those activities. Check with your personal insurance agent to make sure you have Personal Injury coverage under your Homeowner’s or Renter’s policy. If you have a personal blog, consider joining the Media Bloggers Association. MBA offers a Liability Insurance Program for Bloggers. Or you don’t purchase any insurance and pay to defend yourself for allegations of plagiarism, copyright infringement, invasion of privacy, or defamation. That can be expensive, so be careful what you write.

Don’t be afraid to pursue your social media strategy; just be careful. Laws and insurance policies haven’t kept pace with the electronic world. The courts are struggling with new legal issues with laws written before the advent of Web 2.0. Encourage a review of your existing web policies and procedures and other association documents to ensure they are current for today’s social and electronic world. Most of all have fun sharing your association’s awesomeness with the world.

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