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Events and production
Media errors and omissions insurance covers a production's liability for claims that its content defames someone or infringes copyright, privacy or other rights. It matters because distributors and broadcasters usually require it before they will accept a finished production.
Part of: Events and production insurance
In short
Media E&O insurance pays defence costs and damages for content claims such as defamation, copyright and trade mark infringement, and breach of privacy or confidence, subject to the wording. Buyers usually set the terms in a delivery schedule: an additional insured, a minimum limit and a multi-year period. Underwriters expect clearance procedures, from chain of title and music licences to contributor releases and legal review. In England and Wales, a defamation claim needs serious harm to reputation. Cover is subject to the insurer's acceptance and the policy terms.
Media errors and omissions (E&O) insurance covers a production company's legal liability, and its defence costs, for claims that the content of a film, programme or series infringes someone's rights. It is sometimes called media liability or producers' liability. Wordings vary, but cover commonly extends to:
E&O usually covers claims about the content, not the production's own physical losses. Cover is subject to the insurer's acceptance and the policy terms. For the wider picture, see defamation cover and IP infringement cover.
Distributors, broadcasters, streaming platforms and sales agents commonly make E&O a delivery requirement. They will usually not take a finished production until the producer provides a certificate. Common requirements, which vary between buyers, include:
Read the delivery schedule before you buy. A policy that does not meet the buyer's terms can hold up the deal, and changing it later may not be possible on the same terms.
In England and Wales, section 1 of the Defamation Act 2013 says a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation. For a body that trades for profit, harm is not serious unless it has caused or is likely to cause serious financial loss. The section came into force on 1 January 2014.
The Act also sets out defences of truth (section 2), honest opinion (section 3) and publication on a matter of public interest (section 4). Those sections extend to England and Wales only; Scotland and Northern Ireland have their own law, which matters for productions that are distributed across the UK.
For documentaries, factual entertainment and drama based on real people, the risk is usually in specific allegations. Underwriters commonly expect a legal review of the script and the final cut, with notes on how allegations are supported. See whether PI covers defamation.
E&O underwriters usually ask the producer to confirm that recognised clearance procedures have been, or will be, followed. These are commonly set out in the proposal form and become part of the basis on which cover is given.
| Risk | Typical clearance | Evidence to keep |
|---|---|---|
| Script and story | Chain of title for the underlying rights, such as a book or life story | Option and assignment agreements |
| Title | A title search or report | The search report |
| Music | Synchronisation and master use licences for every track | Licences and a music cue sheet |
| Archive and clips | Licences from rights holders for each clip, still or artwork | Licences and a log of uses |
| Real people | Releases from contributors, and legal review of allegations | Signed releases and lawyer's notes |
| Locations and brands | Location releases and review of visible trade marks and artwork | Releases and the reviewer's notes |
Under the Insurance Act 2015, a business must make a fair presentation of the risk. Telling the insurer that clearances were followed when they were not can put cover at risk.
Programmes on services licensed by Ofcom are also subject to its Broadcasting Code. Section Seven of the code deals with fairness and requires broadcasters to avoid unjust or unfair treatment of individuals or organisations in programmes; Section Eight deals with privacy.
An Ofcom fairness or privacy complaint is a regulatory process, not a claim for damages, and E&O wordings differ on whether they pay costs of responding to one. Broadcasters commonly pass compliance obligations to producers in the commissioning contract, so a production's notes, consents and correspondence with contributors matter for both regulatory and legal risk.
Illustrative: a factual series includes footage of a restaurant owner during a food hygiene inspection. He complains that the edit implied he ignored warnings and sues for defamation. An E&O policy might pay the defence costs and any settlement, subject to the excess, if the producer followed the agreed legal review and the allegation was not excluded.
Freelance journalists and businesses that create content for clients may need PI with media extensions instead; see PI for media professionals and PI vs media liability.
Apex arranges insurance for events and film and TV production. A broker reads each enquiry and comes back with options, with no fee for a quote; cover is subject to the insurer's acceptance and the policy terms. To quote we need your business activities, turnover, location and claims history, plus a synopsis, the format and budget, the distributor's delivery requirements, the territories, and details of your clearance procedures and legal review.
See also film and TV production insurance, film equipment insurance and events and production insurance.
It is liability insurance covering claims that the content of a production infringes someone's rights, such as defamation, copyright or trade mark infringement, and breach of privacy or confidence. It usually pays defence costs and damages, subject to the wording. Distributors and broadcasters commonly require it before accepting a finished production.
Usually, if you are selling to a distributor, broadcaster or streaming platform. Most delivery schedules require a certificate, often naming the buyer as an additional insured, with a minimum limit and a multi-year policy period. Check the delivery schedule before buying, because the terms differ between buyers.
Typically chain of title for the underlying rights, a title report, music synchronisation and master licences, archive licences, contributor and location releases, and a legal review of the script and final cut. Insurers usually ask you to confirm these procedures on the proposal form, and cover can depend on them.
In England and Wales, a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation, under section 1 of the Defamation Act 2013. For businesses that trade for profit, the harm must have caused or be likely to cause serious financial loss.
It depends on the wording. An Ofcom fairness or privacy complaint is a regulatory process rather than a claim for damages, and some E&O policies do not pay the costs of responding. Fines and regulatory penalties are commonly excluded. Ask the insurer how the policy treats regulatory complaints.
Tell us what your business does, your turnover and any claims. A broker reads every enquiry and comes back with options. No fee for a quote. Or call 0117 325 0027.
Start a commercial enquiry Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.
