The risk of defamation liability has increased exponentially with the rise of social media. People often post comments online without much consideration and cannot retract them once posted. This has led to more opportunities to defame others to a worldwide audience instantly and permanently. While the law is still developing appropriate standards for who can be held liable as a publisher in this new environment, victims of online defamation are becoming more aware of their rights and likely to pursue legal action. Insurers and brokers need to understand this evolving risk landscape and consider new coverage options for various classes of insureds.
This document provides information about Rosy Law, a real estate agent with DRE License #01735320 and contact information of (310) 948-3574 and rosylaw03@yahoo.com. It discusses spring being a good time to buy or sell homes. It also provides information about Old Republic home warranties that can protect homeowners from unexpected repair costs. Real estate clients and their anniversaries of home purchases are recognized. Successful networking strategies like using social media and preparing an elevator pitch are outlined.
A virtual law firm operates primarily or entirely online without a traditional physical office. Lawyers work remotely and interact with clients virtually through videoconferencing, email, online document sharing platforms, and other digital communication tools. Virtual law firms allow lawyers to practice across jurisdictional boundaries and provide legal services in a more affordable, accessible manner for clients.
1) Association executives often overtax their staffs by assigning them to plan virtual events like webinars and conferences without the proper expertise, expecting the same results as experienced event planners.
2) Novice planners will take 5-10 times longer than experienced planners to organize a high-quality event, stressing internal resources. Low-quality events can damage the association's reputation for months.
3) Association leaders should understand the tasks required and allocate proper time and resources. Outsourcing event production and logistics to experienced partners for a modest fee can help ensure success.
Aon plc provides an investor relations overview document that discusses its industry-leading franchise focused on risk, retirement, and health. It operates in growing markets and has positioned itself to create further shareholder value. Aon has focused its portfolio, invested in global capabilities, delivered strong financial results and free cash flow, and consistently outperformed peers in total shareholder returns. It sees opportunities to significantly increase free cash flow generation through operational improvements and has financial flexibility to effectively allocate capital.
This newsletter discusses two cases related to insurance coverage. The first case involved a wrongful death claim where the insurer settled with one heir but was later sued by other unknown heirs. The court found the insurer was not protected by settling pre-litigation. Insurers should use genealogists to identify all heirs or have claimants file a lawsuit to receive protection. The second article summarizes various cyber risk insurance policies available to businesses to cover losses from hacking or security breaches. It notes various state and federal regulations regarding notification of privacy breaches.
The document discusses approaches to assigning blame in cases of corporate crime and fraud. It argues that current legislation requires identifying an individual directing mind to prosecute a corporation, but misconduct often occurs lower down. Some laws have moved away from this by making corporations strictly liable for failing to prevent crimes like bribery. The document suggests alternative approaches could include restorative justice to encourage accountability through apologies and reparations rather than solely punitive measures like imprisonment.
Bad Faith Litigation in Canada: Much Ado About Nothing?Samantha Ip
1. Bad faith litigation and large punitive damage awards against insurers in Canada are rare compared to the US. The highest court in Canada has limited punitive damages against insurers to $1 million, and there have been few cases where insurers were found liable for bad faith refusal to settle.
2. The duty of good faith is an implied term in insurance contracts in Canada, but there is no statutory cause of action for insurer bad faith as there is in some US states. Punitive damages require a showing of both overwhelmingly inadequate claims handling and exceptionally egregious insurer conduct.
3. Allegations of bad faith claims handling are commonly included in coverage lawsuits in Canada, but rarely result in punitive damage awards.
The document discusses two approaches to privacy law: a rights-based approach and a harms-based approach. Under a rights-based approach, infringing on privacy is illegal regardless of harm, making cases easier to prove but potentially over-protective. The U.S. takes a harms-based approach, requiring plaintiffs to prove actual harm. This approach has drawbacks but considers purpose and nature of information collection. It is also more adaptable to technological changes.
This document provides information about Rosy Law, a real estate agent with DRE License #01735320 and contact information of (310) 948-3574 and rosylaw03@yahoo.com. It discusses spring being a good time to buy or sell homes. It also provides information about Old Republic home warranties that can protect homeowners from unexpected repair costs. Real estate clients and their anniversaries of home purchases are recognized. Successful networking strategies like using social media and preparing an elevator pitch are outlined.
A virtual law firm operates primarily or entirely online without a traditional physical office. Lawyers work remotely and interact with clients virtually through videoconferencing, email, online document sharing platforms, and other digital communication tools. Virtual law firms allow lawyers to practice across jurisdictional boundaries and provide legal services in a more affordable, accessible manner for clients.
1) Association executives often overtax their staffs by assigning them to plan virtual events like webinars and conferences without the proper expertise, expecting the same results as experienced event planners.
2) Novice planners will take 5-10 times longer than experienced planners to organize a high-quality event, stressing internal resources. Low-quality events can damage the association's reputation for months.
3) Association leaders should understand the tasks required and allocate proper time and resources. Outsourcing event production and logistics to experienced partners for a modest fee can help ensure success.
Aon plc provides an investor relations overview document that discusses its industry-leading franchise focused on risk, retirement, and health. It operates in growing markets and has positioned itself to create further shareholder value. Aon has focused its portfolio, invested in global capabilities, delivered strong financial results and free cash flow, and consistently outperformed peers in total shareholder returns. It sees opportunities to significantly increase free cash flow generation through operational improvements and has financial flexibility to effectively allocate capital.
This newsletter discusses two cases related to insurance coverage. The first case involved a wrongful death claim where the insurer settled with one heir but was later sued by other unknown heirs. The court found the insurer was not protected by settling pre-litigation. Insurers should use genealogists to identify all heirs or have claimants file a lawsuit to receive protection. The second article summarizes various cyber risk insurance policies available to businesses to cover losses from hacking or security breaches. It notes various state and federal regulations regarding notification of privacy breaches.
The document discusses approaches to assigning blame in cases of corporate crime and fraud. It argues that current legislation requires identifying an individual directing mind to prosecute a corporation, but misconduct often occurs lower down. Some laws have moved away from this by making corporations strictly liable for failing to prevent crimes like bribery. The document suggests alternative approaches could include restorative justice to encourage accountability through apologies and reparations rather than solely punitive measures like imprisonment.
Bad Faith Litigation in Canada: Much Ado About Nothing?Samantha Ip
1. Bad faith litigation and large punitive damage awards against insurers in Canada are rare compared to the US. The highest court in Canada has limited punitive damages against insurers to $1 million, and there have been few cases where insurers were found liable for bad faith refusal to settle.
2. The duty of good faith is an implied term in insurance contracts in Canada, but there is no statutory cause of action for insurer bad faith as there is in some US states. Punitive damages require a showing of both overwhelmingly inadequate claims handling and exceptionally egregious insurer conduct.
3. Allegations of bad faith claims handling are commonly included in coverage lawsuits in Canada, but rarely result in punitive damage awards.
The document discusses two approaches to privacy law: a rights-based approach and a harms-based approach. Under a rights-based approach, infringing on privacy is illegal regardless of harm, making cases easier to prove but potentially over-protective. The U.S. takes a harms-based approach, requiring plaintiffs to prove actual harm. This approach has drawbacks but considers purpose and nature of information collection. It is also more adaptable to technological changes.
Information on avoiding slander and libel claims. Provides a general overview of the law of defamation and invasion of privacy, with tips to avoid such claims.
The First 30 Minutes After a Crisis: How to Improve or Kill Your Law Firm's R...Thomas Ciesielka
Scandals can be found anywhere and magnified profoundly on social media. It can range from political candidates to consumer products, and from salacious personal conduct by corporate CEOs to environmental calamities. While King Solomon wrote “there is nothing new under the sun,” today’s limitless channels of communication exponentially might challenge that statement since messages now travel at the speed of the Internet and not on handwritten scrolls. Message that impact both the reputation of the those involved in the crisis and also can create additional legal liabilities for law firms and their clients. And since a crisis can have significant legal implications, lawyers are often involved throughout the process. Most importantly, how well a crisis is managed depends both on handling the public narrative as well as legal implications.
The document discusses four primary jurisdictional issues affecting the insurer-insured relationship:
1) Venue, choice of law, and mandatory arbitration clauses that can modify parties' rights and obligations under an insurance policy.
2) How "four corners" vs. "all available facts" jurisdictions approach defense rights, obligations, and investigations.
3) How jurisdictions approach the legal concept of "breach" of the duty to defend and its ramifications.
4) How jurisdictions evaluate available damage rights and remedies.
The panel will explore these issues through moderator Gary Gassman and presentations from industry professionals.
1. The document provides information on various legal issues related to technology and the internet, including intellectual property, social media policies, online reputation attacks, and identity theft.
2. It discusses legal services offered by Melfi & Associates, such as trademarks, copyrights, patents, and document drafting for things like vendor contracts and privacy policies.
3. The document also covers topics like web 2.0, defamation, the right of publicity, NLRB cases related to social media, remedies for stolen identity and cybersquatting, and personality theft.
A significant breach can happen to any company. Take the opportunity to consider your company’s preparedness and ability to respond quickly to an incident with this checklist.
The document discusses several legal risks associated with social media use, including copyright infringement, trademark infringement, defamation, breach of confidentiality agreements, and more. It provides 15 tips for managing social media risks such as having social media policies for employees, monitoring your online presence, following all applicable laws and regulations, using disclaimers, and consulting legal counsel.
This document provides an overview of tort law and flood insurance. It discusses key concepts in tort law including the different types of torts (negligence, intentional torts, strict liability), parties, burdens of proof, damages, and defenses. It then summarizes the National Flood Insurance Program which makes flood insurance more affordable through private insurers but limits their liability. Specifically, private insurers administering government flood policies cannot be sued for bad faith, punitive damages, or attorney fees as they could under most state insurance laws. The government also has broad immunity from flooding liability under the Flood Control Act.
In the May-June 2013, we'll examine coverage for hotels facing fungi and bacteria claims, fraud & recovery, domestic violence in the industry, OSHA and whistleblowers, as well as provide you with updates for our upcoming travel and hospitality events.
For more information, please visit http://www.hospitalitylawyer.com.
Complacency in the Face of Evolving Cybersecurity Norms is HazardousEthan S. Burger
Complacency in the face of evolving cybersecurity norms is hazardous. Executives and boards are often reluctant to adopt comprehensive cybersecurity policies due to costs and contradictory advice. However, failing to take action increases regulatory and legal risks. Cyberattacks are difficult to defend against and are becoming more sophisticated. Small and medium enterprises are particularly vulnerable targets but may underestimate threats due to limited resources. Government efforts to work with businesses on cybersecurity have been inconsistent, creating uncertainty around compliance. Cyberbreaches can result in significant litigation and liability for companies, especially as legal standards continue developing. Comprehensive and strategic planning is needed to address diverse cyberattack risks.
Better safe than sorry: Notifying Your Insurer About Potential ClaimsDaniel Gunter, ARM
This document discusses the importance of notifying your professional liability insurer about potential malpractice
claims. It explains that professional liability policies are "claims made" policies, meaning the key date is when the
claim is first made, not when the error occurred. It advises lawyers to notify their insurer as soon as they become
aware of any facts or circumstances that could reasonably lead to a claim, in order to attach the incident to their
current policy. Early notice may help prevent issues from escalating and provides access to insurer resources.
Prompt reporting almost never increases premiums and denial of renewal is rare when firms operate safely and
work to reduce risks. Failure to report can create gaps in coverage
This newsletter discusses issues related to employee criminal records and insurance coverage. It notes that a large percentage of the US population has a criminal record, including for minor offenses from their youth. When hiring employees with criminal records, employers face increased risks of employee theft or dishonesty that may not be covered by insurance. Insurance policies often exclude coverage for losses caused by employees who committed prior dishonest acts that were known to the employer. The newsletter provides advice on how employers can address this issue and ensure they have proper insurance coverage even when hiring employees with criminal histories.
This document discusses the field of computer forensics. It defines computer forensics as the collection, preservation, and analysis of computer-related evidence. The goal is to provide solid legal evidence that can be admitted in court and understood by laypeople. Computer forensics is used to investigate various incidents including human behavior like fraud, physical events like hardware failures, and organizational issues like staff changes. It aims to determine the root cause of system disruptions and failures.
Unveiling the Dynamic Personalities, Key Dates, and Horoscope Insights: Gemin...my Pandit
Explore the fascinating world of the Gemini Zodiac Sign. Discover the unique personality traits, key dates, and horoscope insights of Gemini individuals. Learn how their sociable, communicative nature and boundless curiosity make them the dynamic explorers of the zodiac. Dive into the duality of the Gemini sign and understand their intellectual and adventurous spirit.
Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
The Evolution and Impact of OTT Platforms: A Deep Dive into the Future of Ent...ABHILASH DUTTA
This presentation provides a thorough examination of Over-the-Top (OTT) platforms, focusing on their development and substantial influence on the entertainment industry, with a particular emphasis on the Indian market.We begin with an introduction to OTT platforms, defining them as streaming services that deliver content directly over the internet, bypassing traditional broadcast channels. These platforms offer a variety of content, including movies, TV shows, and original productions, allowing users to access content on-demand across multiple devices.The historical context covers the early days of streaming, starting with Netflix's inception in 1997 as a DVD rental service and its transition to streaming in 2007. The presentation also highlights India's television journey, from the launch of Doordarshan in 1959 to the introduction of Direct-to-Home (DTH) satellite television in 2000, which expanded viewing choices and set the stage for the rise of OTT platforms like Big Flix, Ditto TV, Sony LIV, Hotstar, and Netflix. The business models of OTT platforms are explored in detail. Subscription Video on Demand (SVOD) models, exemplified by Netflix and Amazon Prime Video, offer unlimited content access for a monthly fee. Transactional Video on Demand (TVOD) models, like iTunes and Sky Box Office, allow users to pay for individual pieces of content. Advertising-Based Video on Demand (AVOD) models, such as YouTube and Facebook Watch, provide free content supported by advertisements. Hybrid models combine elements of SVOD and AVOD, offering flexibility to cater to diverse audience preferences.
Content acquisition strategies are also discussed, highlighting the dual approach of purchasing broadcasting rights for existing films and TV shows and investing in original content production. This section underscores the importance of a robust content library in attracting and retaining subscribers.The presentation addresses the challenges faced by OTT platforms, including the unpredictability of content acquisition and audience preferences. It emphasizes the difficulty of balancing content investment with returns in a competitive market, the high costs associated with marketing, and the need for continuous innovation and adaptation to stay relevant.
The impact of OTT platforms on the Bollywood film industry is significant. The competition for viewers has led to a decrease in cinema ticket sales, affecting the revenue of Bollywood films that traditionally rely on theatrical releases. Additionally, OTT platforms now pay less for film rights due to the uncertain success of films in cinemas.
Looking ahead, the future of OTT in India appears promising. The market is expected to grow by 20% annually, reaching a value of ₹1200 billion by the end of the decade. The increasing availability of affordable smartphones and internet access will drive this growth, making OTT platforms a primary source of entertainment for many viewers.
Part 2 Deep Dive: Navigating the 2024 Slowdownjeffkluth1
Introduction
The global retail industry has weathered numerous storms, with the financial crisis of 2008 serving as a poignant reminder of the sector's resilience and adaptability. However, as we navigate the complex landscape of 2024, retailers face a unique set of challenges that demand innovative strategies and a fundamental shift in mindset. This white paper contrasts the impact of the 2008 recession on the retail sector with the current headwinds retailers are grappling with, while offering a comprehensive roadmap for success in this new paradigm.
Best practices for project execution and deliveryCLIVE MINCHIN
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
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Information on avoiding slander and libel claims. Provides a general overview of the law of defamation and invasion of privacy, with tips to avoid such claims.
The First 30 Minutes After a Crisis: How to Improve or Kill Your Law Firm's R...Thomas Ciesielka
Scandals can be found anywhere and magnified profoundly on social media. It can range from political candidates to consumer products, and from salacious personal conduct by corporate CEOs to environmental calamities. While King Solomon wrote “there is nothing new under the sun,” today’s limitless channels of communication exponentially might challenge that statement since messages now travel at the speed of the Internet and not on handwritten scrolls. Message that impact both the reputation of the those involved in the crisis and also can create additional legal liabilities for law firms and their clients. And since a crisis can have significant legal implications, lawyers are often involved throughout the process. Most importantly, how well a crisis is managed depends both on handling the public narrative as well as legal implications.
The document discusses four primary jurisdictional issues affecting the insurer-insured relationship:
1) Venue, choice of law, and mandatory arbitration clauses that can modify parties' rights and obligations under an insurance policy.
2) How "four corners" vs. "all available facts" jurisdictions approach defense rights, obligations, and investigations.
3) How jurisdictions approach the legal concept of "breach" of the duty to defend and its ramifications.
4) How jurisdictions evaluate available damage rights and remedies.
The panel will explore these issues through moderator Gary Gassman and presentations from industry professionals.
1. The document provides information on various legal issues related to technology and the internet, including intellectual property, social media policies, online reputation attacks, and identity theft.
2. It discusses legal services offered by Melfi & Associates, such as trademarks, copyrights, patents, and document drafting for things like vendor contracts and privacy policies.
3. The document also covers topics like web 2.0, defamation, the right of publicity, NLRB cases related to social media, remedies for stolen identity and cybersquatting, and personality theft.
A significant breach can happen to any company. Take the opportunity to consider your company’s preparedness and ability to respond quickly to an incident with this checklist.
The document discusses several legal risks associated with social media use, including copyright infringement, trademark infringement, defamation, breach of confidentiality agreements, and more. It provides 15 tips for managing social media risks such as having social media policies for employees, monitoring your online presence, following all applicable laws and regulations, using disclaimers, and consulting legal counsel.
This document provides an overview of tort law and flood insurance. It discusses key concepts in tort law including the different types of torts (negligence, intentional torts, strict liability), parties, burdens of proof, damages, and defenses. It then summarizes the National Flood Insurance Program which makes flood insurance more affordable through private insurers but limits their liability. Specifically, private insurers administering government flood policies cannot be sued for bad faith, punitive damages, or attorney fees as they could under most state insurance laws. The government also has broad immunity from flooding liability under the Flood Control Act.
In the May-June 2013, we'll examine coverage for hotels facing fungi and bacteria claims, fraud & recovery, domestic violence in the industry, OSHA and whistleblowers, as well as provide you with updates for our upcoming travel and hospitality events.
For more information, please visit http://www.hospitalitylawyer.com.
Complacency in the Face of Evolving Cybersecurity Norms is HazardousEthan S. Burger
Complacency in the face of evolving cybersecurity norms is hazardous. Executives and boards are often reluctant to adopt comprehensive cybersecurity policies due to costs and contradictory advice. However, failing to take action increases regulatory and legal risks. Cyberattacks are difficult to defend against and are becoming more sophisticated. Small and medium enterprises are particularly vulnerable targets but may underestimate threats due to limited resources. Government efforts to work with businesses on cybersecurity have been inconsistent, creating uncertainty around compliance. Cyberbreaches can result in significant litigation and liability for companies, especially as legal standards continue developing. Comprehensive and strategic planning is needed to address diverse cyberattack risks.
Better safe than sorry: Notifying Your Insurer About Potential ClaimsDaniel Gunter, ARM
This document discusses the importance of notifying your professional liability insurer about potential malpractice
claims. It explains that professional liability policies are "claims made" policies, meaning the key date is when the
claim is first made, not when the error occurred. It advises lawyers to notify their insurer as soon as they become
aware of any facts or circumstances that could reasonably lead to a claim, in order to attach the incident to their
current policy. Early notice may help prevent issues from escalating and provides access to insurer resources.
Prompt reporting almost never increases premiums and denial of renewal is rare when firms operate safely and
work to reduce risks. Failure to report can create gaps in coverage
This newsletter discusses issues related to employee criminal records and insurance coverage. It notes that a large percentage of the US population has a criminal record, including for minor offenses from their youth. When hiring employees with criminal records, employers face increased risks of employee theft or dishonesty that may not be covered by insurance. Insurance policies often exclude coverage for losses caused by employees who committed prior dishonest acts that were known to the employer. The newsletter provides advice on how employers can address this issue and ensure they have proper insurance coverage even when hiring employees with criminal histories.
This document discusses the field of computer forensics. It defines computer forensics as the collection, preservation, and analysis of computer-related evidence. The goal is to provide solid legal evidence that can be admitted in court and understood by laypeople. Computer forensics is used to investigate various incidents including human behavior like fraud, physical events like hardware failures, and organizational issues like staff changes. It aims to determine the root cause of system disruptions and failures.
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Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
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Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
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This presentation provides a thorough examination of Over-the-Top (OTT) platforms, focusing on their development and substantial influence on the entertainment industry, with a particular emphasis on the Indian market.We begin with an introduction to OTT platforms, defining them as streaming services that deliver content directly over the internet, bypassing traditional broadcast channels. These platforms offer a variety of content, including movies, TV shows, and original productions, allowing users to access content on-demand across multiple devices.The historical context covers the early days of streaming, starting with Netflix's inception in 1997 as a DVD rental service and its transition to streaming in 2007. The presentation also highlights India's television journey, from the launch of Doordarshan in 1959 to the introduction of Direct-to-Home (DTH) satellite television in 2000, which expanded viewing choices and set the stage for the rise of OTT platforms like Big Flix, Ditto TV, Sony LIV, Hotstar, and Netflix. The business models of OTT platforms are explored in detail. Subscription Video on Demand (SVOD) models, exemplified by Netflix and Amazon Prime Video, offer unlimited content access for a monthly fee. Transactional Video on Demand (TVOD) models, like iTunes and Sky Box Office, allow users to pay for individual pieces of content. Advertising-Based Video on Demand (AVOD) models, such as YouTube and Facebook Watch, provide free content supported by advertisements. Hybrid models combine elements of SVOD and AVOD, offering flexibility to cater to diverse audience preferences.
Content acquisition strategies are also discussed, highlighting the dual approach of purchasing broadcasting rights for existing films and TV shows and investing in original content production. This section underscores the importance of a robust content library in attracting and retaining subscribers.The presentation addresses the challenges faced by OTT platforms, including the unpredictability of content acquisition and audience preferences. It emphasizes the difficulty of balancing content investment with returns in a competitive market, the high costs associated with marketing, and the need for continuous innovation and adaptation to stay relevant.
The impact of OTT platforms on the Bollywood film industry is significant. The competition for viewers has led to a decrease in cinema ticket sales, affecting the revenue of Bollywood films that traditionally rely on theatrical releases. Additionally, OTT platforms now pay less for film rights due to the uncertain success of films in cinemas.
Looking ahead, the future of OTT in India appears promising. The market is expected to grow by 20% annually, reaching a value of ₹1200 billion by the end of the decade. The increasing availability of affordable smartphones and internet access will drive this growth, making OTT platforms a primary source of entertainment for many viewers.
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Defamation liability risk in the Social Media age
1. Ties that Bind,
Tweets that Defame
Defamation liability risk has increased exponentially
in this brave new world of social media.
Brian Many of us have realized, with the blood drain- applications. It is available on your phone in
Rosenbaum ing from our faces (notwithstanding a quick- your pocket or purse when, say, you have had
Director of the ened heartbeat), that the ‘undo’ button does a few too many cocktails. You can hardly find
Financial Services not work after the ‘send’ or ‘post’ button has a product online that does not have consumer
Group, been pressed. Many of us have written things reviews attached to it.
(Legal Research
and Practice)
and quickly sent them into cyberspace, only to One consequence is a remarkable increase in
Aon Reed spend a long time afterwards wishing we could the opportunity to defame others, and to do
Stenhouse Inc. take those things back because, on even a bit so instantaneously to the entire world, perma-
of reflection, the comments were inappropri- nently. Defamation liability risk has increased
ate, harsh, etc. Anecdotally, it seems people gen- exponentially in this brave new world. The
Michael C. erally do not put as much consideration into magnitude and prevalence of that risk may not
Smith what and how they write in email and social be fully appreciated by insurers and insureds
Partner, media tools as they do with conventional forms alike because, we suspect, many cases consider-
Borden Ladner of communication. Perhaps this is due to the ing these issues are being settled before courts
Gervais LLP immediacy of the medium and the lack of in- consider them and report their decisions. There
herent opportunity for sober second thought is still a dearth of reported cases and guidance
prior to publication. from the courts today. But only a few high-pro-
The use of social media is commonplace and file judgments, settlements or class actions are
growing. It is now interwoven with most online required to increase that consciousness. Victims
52 Canadian Underwriter August 2011
2. of online defamation will become in cyberspace. For example, are Internet briefly at the coverage provided by
aware of their rights, increasing claims service providers “publishers” and liable common types of liability policies and
volume. Businesses and individuals will simply because defamatory comments the coverage issues that may be raised.
start asking for protection, if they are pass over their servers for publication?
not already. Brokers need to develop What about a blog host? What about homeowneR’s Policy
an understanding of the risk/coverage the employer from whose laptop and If the communication is made in the
equation in this space if they do not al- servers an employee sent a defamatory social networker’s individual capacity,
ready have it. Opportunities likely exist statement? What about someone who then his or her homeowner’s policy
for insurers to introduce new products hyperlinks to or passes on the address could provide some coverage for de-
offering appropriate coverage to the to a defamatory Web site? (A decision fense costs and judgments/settlements
various classes of insureds they service arising out of a defamation action.
— from the family with social media- However, a number of provisions in
crazed teenagers in the house to large the typical homeowner’s policy could
multi-national corporations. preclude coverage.
In order for the personal liability
The Risk coverage to trigger in a homeowner’s
The tort of defamation protects a per- policy, a “bodily injury” must result
son’s reputation from false statements. from an “occurrence.” An occurrence
Libel (written words and broadcasts) is generally defined as an accident.
and slander (spoken words) are sub- Many U.S. and Canadian courts have
sets of defamation. A statement is de- determined the intentional posting of
famatory if it lowers the subject’s repu- defamatory or offensive messages is
tation. The relative ease with which at not accidental in nature and therefore
least prima facie liability for defamation would not qualify as an occurrence.
can be established is not widely ap- Recently, however, a number of courts
preciated. The only thing the victim of have ruled the intentional posting of
defamation has to prove to establish li- defamatory remarks can constitute an
ability is that the defendant published is currently pending from the Supreme occurrence if the effects of such a post-
a statement — in the sense that a third Court of Canada on this point.) What ing were unintentional and accidental.
party heard or read the statement — about a travel review Web site that Assuming the occurrence require-
concerning the victim that, in its lit- contains defamatory reviews? ment is met, a bodily injury must still
eral meaning or by innuendo, had a Until we have more definitive an- result from the defamatory statements.
tendency to lower the reputation of swers to these questions, and as long as Certainly if a plaintiff alleges a physical
the victim. Then the onus shifts to the de- there remains an omnipresent desire to injury, such as a heart attack, such an al-
fendant to prove the elements of one of find “deep pockets” to pay for the court legation would constitute bodily injury
the defences to the tort [e.g. justifica- awards or the costs of the litigation, we under the policy definition. However,
tion (truth), fair comment (opinion), will see victims including anyone who many courts have ruled that mental an-
qualified privilege or responsible could potentially be a “publisher” as a guish alone, the most common allega-
communication on matters of public defendant in their lawsuits. Employers tion in defamation actions, would not
interest]. The defendant’s intention is will likely be implicated in lawsuits meet the bodily injury requirement.
largely irrelevant. Liability can be es- stemming from an employee’s defama- Even if the occurrence and bodily
tablished even if the defendant did not tory postings from work assets. injury requirements have been satisfied,
intend to defame the victim. Liability is Damages for defamation are not a number of exclusions might preclude
determined based on the words used subject to the “cap” on general dam- coverage. The expected or intended
and the fact of publication. ages for pain and suffering (currently injury exclusion would eliminate
Any repetition of defamatory around $345,000). The damages are coverage if the social networker’s
statements makes the person repeating “at large.” Some awards have exceeded defamatory posts could be considered
them liable as a publisher just as if they $1 million. The courts have recognized as intentional or made with an
had made the statements originally. the reach and permanency of Internet expectation to injure someone. Further,
This is where the law needs to catch defamation and have signaled that dam- the business exclusion would preclude
up with the Internet Age and provide age awards will be higher as a result. coverage if the defamatory remarks
guidance as to whom is a “publisher” With the risk outlined, let’s look resulted in bodily injury arising out
54 Canadian Underwriter August 2011
3. Any repetition of defamatory statements makes the person repeating them
liable as a publisher just as if they had made the statements originally.
This is where the law needs to catch up with the internet Age and provide
guidance as to whom is a “publisher” in cyberspace.
of or in connection with a business coverage B caused with the knowledge that the
conducted from an insured location or Coverage B deals with personal and act would violate the rights of another
engaged in by an insured, irrespective advertising injury. It is considerably and would inflict personal injury.
of the ownership of said business. broader than Coverage A, in that there Recovery could also be eliminated if
Other fact-specific exclusions in the is no bodily injury or occurrence the personal injury arises out of an
typical homeowner’s policy could requirement to trigger coverage. electronic chatroom or bulletin board
also limit or preclude coverage. However, in order to access the policy, the insured hosts, owns or over which
It should be noted some insurers the personal injury must arise out of the insured exercises control.
can provide defamation coverage that a specifically defined wrongful act that
is not conditional upon establishing might include the posting of libelous mediA liABiliTy Policy
bodily injury. statements or remarks violating Other insurance policies might provide
another’s privacy. slivers of coverage for defamation in the
commeRciAl GeneRAl social media arena. However, the most
liABiliTy Policy robust coverage available for this risk is
A Commercial General Liability A cGl policy can contained in a media liability policy. This
policy (CGL) is designed to pro- potentially provide insurance is specifically designed to protect
vide general liability coverage to
business entities. It can potentially
coverage for defence businesses and their employees against
claims arising out of the communication
provide coverage for defense costs costs/settlements of information and would include
and settlements/judgments result-
ing from an employee’s defamatory
from an employee’s broad defamation coverage. Companies
and their employees use social media
statements, but only if the remarks defamatory statements, for a whole host of purposes and not
were made in the scope of employ- but only if the remarks all media liability policies are created
ment. Two standard coverages under equal, so it is important to review the
a CGL policy come into play when were made in the scope policy definitions, terms, conditions and
considering defamation. of employment. exclusions with an insurance specialist in
this area. Of particular importance is the
coverage A Also, a number of specific exclusions definition of covered media. To a large
Coverage A deals with bodily injury can limit or eliminate recovery. If degree, this will determine the breadth of
and property damage. It is very simi- a statement is published with the coverage. However, since media liability
lar to the homeowner’s policy, so the knowledge that it is false, coverage may insurance is specifically crafted to cover
above analysis is applicable in deter- be precluded. In addition, defamation defamation, there are fewer obstacles to
mining coverage limitations. Bear in allegations are often coupled with recovery than those in homeowner’s and
mind that many CGL policies contain invasion of privacy allegations. This CGL policies.
a personal and advertising injury ex- can create coverage difficulties under Stay tuned (or logged on). If, as we
clusion pertaining solely to Coverage Coverage B due to an exclusion for predict, defamation claims volume
A that forces any claims of bodily knowingly violating another’s rights. increases as social media users gain rights
injury arising out of personal injury This provision would preclude awareness, so to will come an increase in
into Coverage B. coverage when the personal injury was coverage demands and coverage issues.
56 Canadian Underwriter August 2011