According to Pew Research, 72% of the public uses some type of social media, and as the user base diversifies from young to old, we see more and more people expressing themselves online.
Social media provides a platform for anyone to share anything—what they had for breakfast, their latest accomplishment, their political views, and sometimes what they think of their neighbor, friend, colleague, or local business. People often use it as an outlet to express their frustrations or negative experiences without taking time to reflect. They say things they might not otherwise say, and with this ease of expression comes an enhanced risk of defamation claims and associated damages.
Defamation happens when someone makes a false statement—verbally or in writing—that damages someone’s character, fame, or reputation. Verbal defamation is “slander,” and written defamation is “libel.” Many people don’t consider the potential implications of their words or the words of their children online, but as more people are held to account for what is said online, it’s important to consider the risk. One of the outcomes of the growth in social media use over the past 10 years is an increase in defamation-related litigation.
It’s wise to consider whether your insurance policy provides defense and settlement coverage if you or a family member are sued because of allegations of defamation. As it relates to insurance, this type of coverage is considered Personal Injury. Personal Injury coverage can often be found in a Homeowner’s policy or a Personal Umbrella Liability policy. But just because you have these types of policies doesn’t mean you are covered for defamation, as there are often limitations and exclusions of coverage, including intentional acts, i.e., if you did it on purpose, you might not be covered. However, even if you’re not covered if found guilty by intent, there still may be a benefit to being insured, as many policies will pay for your defense, which can also be costly.
How do you know if you’re covered, and for what? Which policy will protect you, your family, and your assets in the event of a defamation allegation?
The best way to ensure you are properly protected is to discuss this coverage with an experienced insurance advisor. AssetSure has been advising individuals and families on how to protect their personal assets and the potential exposure to defamation with increased use of social media for over 10 years. We can review your homeowners and umbrella policies to assess your personal injury coverage and advise you on how best to protect you and your family.