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		<title>The rise of single-serving libel insurance: If it&#8217;s good enough for bloggers, why not small newsrooms?</title>
		<link>http://www.niemanlab.org/2009/09/the-rise-of-single-serving-libel-insurance-if-its-good-enough-for-bloggers-why-not-small-newsrooms/</link>
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		<pubDate>Wed, 30 Sep 2009 14:00:13 +0000</pubDate>
		<author>Michael Andersen</author>
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		<guid isPermaLink="false">http://www.niemanlab.org/?p=9068</guid>
		<description><![CDATA[Sooner or later &#8212; as Diane Sawyer, Jeffrey Wigand or the National Enquirer could tell you &#8212; anyone who makes a living telling the truth is going to need a good lawyer. That&#8217;s why major metro newspapers carry libel insurance policies the size of Abrams tanks. Their deductibles alone can run into seven figures.
But what [...]]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.niemanlab.org/images/abramspith.jpg" width="300" height="366" class="leftimage" align="left" />Sooner or later &#8212; as <a href="http://en.wikipedia.org/wiki/Food_Lion#Primetime_Live">Diane Sawyer</a>, <a href="http://www.jeffreywigand.com/vanityfair.php">Jeffrey Wigand</a> or the <a href="http://www.tnr.com/article/technology/open-tab">National Enquirer</a> could tell you &#8212; anyone who makes a living telling the truth is going to need a good lawyer. That&#8217;s why major metro newspapers carry libel insurance policies the size of <a href="http://en.wikipedia.org/wiki/Abrams_tank">Abrams tanks</a>. Their deductibles alone can run into seven figures.</p>
<p>But what if the only insurance policy you can afford is a <a href="http://en.wikipedia.org/wiki/Pith_helmet">pith helmet</a>?</p>
<p>Say what you will about the small, nimble news organizations of the future &#8212; liability insurance is going to be a problem. I emailed 13 news startups from Atlanta to Seattle to see how they&#8217;re handling it; the answer, usually, was that they aren&#8217;t.</p>
<p>&#8220;We are more or less without a safety net,&#8221; wrote David Cohn, of the journalism microfinancing service <a href="http://spot.us">Spot.us</a>, one of several with similar answers. (He&#8217;s gotten lawyers to draw up language that attempts to pass all liability to writers who use Spot.us, but of course that&#8217;s no guarantee.)</p>
<p>Insurance companies, of course, would love to sell a safety net to Cohn and other entrepreneurs. But there&#8217;s a problem. </p>
<p>Here&#8217;s the chicken-and-egg dilemma that any new variety of business faces when it looks for insurance: <span id="more-9068"></span></p>
<p><strong>Your insurance isn&#8217;t cheap until lots of your peers start buying it</strong>. A custom insurance package typically sells for about $2,500 annually, enough to pay for the underwriting calculations as well as the actual risk. If an insurer charges much less, &#8220;by the time they do the calculation, they&#8217;re already losing money,&#8221; Bob Cox of the <a href="http://www.mediabloggers.org/about">Media Bloggers Association</a> said.</p>
<p><strong>Your peers won&#8217;t start buying insurance until it&#8217;s cheap</strong>. As my survey showed, $2,500 is well beyond the range most news startups will spend.</p>
<p>As an industry expands, of course, things get easier: the insurer can calculate risk once and sell its policy many times. The policy &#8212; the pith helmet &#8212; goes into mass production. That&#8217;s exactly what happened for solo bloggers last year, after Cox&#8217;s association <a href="http://www.mediabloggers.org/mba-announcement/media-bloggers-association-launches-education-legal-advisory-and-liability-insurance-program-for-bloggers">became the first to offer a group libel insurance rate for bloggers, through Axis Pro</a>. (They simultaneously signed on to a new <a href="http://www.newsu.org/courses/course_detail.aspx?id=nwsu_medialaw08">Online Law 101 course for bloggers</a> from <a href="http://www.poynter.org">Poynter</a>.)</p>
<p>Once that barrier was broken, other groups like the <a href="http://authorsguild.org/services/media_liability_insurance.html">Authors Guild</a> followed immediately. The <a href="http://journalists.org/">Online News Association</a> plans to follow suit this fall with a group rate aimed at ONA members: the base premium of $500 a year would bring $250,000 in annual coverage and a deductible between $5,000 and $10,000, according to Rick Fenstermacher, a Miami media insurance consultant working with ONA.</p>
<p>Problem solved, then? Guess again.</p>
<p><b>Catch One: Teams still aren&#8217;t covered</b>. The Axis policies offered by the MBA, AG and (soon) ONA are available only to solo writers and one-person newsrooms. Newsrooms with several professionals, counterintuitively, are bigger risks than pajama-clad bloggers; bigger organizations are harder to control and their pockets tend to be deeper.</p>
<p><b>Catch Two: Serial provocateurs still pay a lot extra</b>. If you&#8217;ve ever drawn a libel suit before &#8212; not a <em>successful</em> libel suit, mind you, but any suit that cost more than your policy&#8217;s deductible &#8212; Fenstermacher says you&#8217;d be automatically ineligible for the basic policy. Instead, your policy would have to be personally adjusted, at greater expense. (Though still not as high as a custom package: the highest premium Cox has heard of in his group program was $1,200 annually.) Several lawsuits, and you could be totally uninsurable &#8212; even if you never lose. I like to think of this as single-serving libel insurance.</p>
<p>Fenstermacher is noodling a solution to Catch One. If his new ONA policy turns out to be sustainable, he said &#8212; it&#8217;ll require at least 750 to 1,000 participants by 2011 &#8212; he hopes to put together what he calls &#8220;the next stage&#8221;: a similar program for small newsrooms.</p>
<p>&#8220;If it&#8217;s a small group, say under five, then we could keep a deductible in the $50,000 range,&#8221; Fenstermacher said. (The details are still vague. Later, he told me his target deductible for a small newsroom would be &#8220;something in the $25,000 range.&#8221;)</p>
<p>Yikes. Either option would be more than the direct legal budget of $20,000 used annually by the Voice of San Diego, which has an editorial staff of 11 and was the biggest, best-armored news outlet in my small survey. If deductibles are that high, many small outlets &#8212; bigger than blogs, smaller than all but the smallest papers &#8212; are likely to just keep working without a net. Without a pith helmet.</p>
<p>And if most small newsrooms do without insurance, it&#8217;ll never become as affordable as bloggers&#8217; policies have become.</p>
<p>That&#8217;d be a shame. Not just because it would leave today&#8217;s brigade of entrepreneurs in danger. In a world of decentralized media authority, readers and sources will be hungry for any measure of a news outlet&#8217;s legitimacy. And what&#8217;s better proof of trustworthiness than the official backing of an insurance company? If quality journalists can&#8217;t use proof of insurance to set themselves apart from the hacks and hucksters, tomorrow&#8217;s news minefields are going to be that much harder to negotiate.</p>
<p><b>Our survey of startups</b></p>
<p>By the way, here are the results of my small, arbitrary survey of local news startups. Three outlets carried libel insurance:</p>
<p><a href="http://newhavenindependent.org/">The New Haven Independent</a> has six full-time staff and a libel package with a $2,500 annual premium.</p>
<p>Jim Walls of <a href="http://www.atlantaunfiltered.com/">Atlanta Unfiltered</a>, a solo act: libel insurance was canceled this summer, but he used cash from an IRE investigative fellowship to buy a $250,000-per-claim, $2,500 deductible policy for $500 a year.</p>
<p><a href="http://voiceofsandiego.org/">Voice of San Diego</a>, with 11 editorial employees, has a libel insurance policy as well as a $20,000 annual budget for direct legal services.</p>
<p>Ten carried no libel insurance:</p>
<p><a href="http://advertising.gawker.com/">Gawker Media Group</a> doesn&#8217;t carry libel insurance; COO Gaby Darbyshire, a lawyer, handles the company&#8217;s internal legal duties herself.</p>
<p><a href="http://citybizlist.com/">Citybizlist.com</a>, with four editorial employees in Boston, Philadelphia, D.C., Atlanta and Baltimore, is &#8220;looking into&#8221; getting libel insurance.</p>
<p><a href="http://coastsider.com/">Coastsider.com</a>, a part-time husband-wife operation near San Francisco, has no insurance.</p>
<p><a href="http://annarborchronicle.com/">The Ann Arbor Chronicle</a>, a full-time wife-husband operation, has a lawyer on retainer; at her advice, they&#8217;ve avoided buying libel insurance.</p>
<p><a href="http://www.newwest.net/">NewWest.net</a>, with seven editorial employees, once had a libel insurance package but eliminated it to cut costs.</p>
<p><a href="http://www.newraleigh.com/">New Raleigh</a>&#8217;s volunteer editorial staff members &#8220;have certainly gotten legal threats that make me want to get this kind of protection,&#8221; said publisher David Millsaps, but they haven&#8217;t yet.</p>
<p><a href="http://bikeportland.org/">Bikeportland.org</a>, which has two editorial employees, doesn&#8217;t carry insurance; they&#8217;ve handled past legal expenses ad hoc.</p>
<p>Seattle political blog <a href="http://horsesass.org/">horsesass.org</a> doesn&#8217;t carry insurance. Founder David Goldstein said his volunteer team has &#8220;always assumed (hoped?) that folks in our community would come to our legal aid should the need arise.&#8221;</p>
<p><a href="http://spot.us/">Spot.us</a>, which has two employees, doesn&#8217;t carry libel insurance.</p>
<p>Christopher Grotke of <a href="http://ibrattleboro.com/">iBrattleboro.com</a>, much of whose content comes from users, said neither he or his wife Lise carry &#8220;libel insurance for the things we contribute to the site, and I doubt anyone else does.&#8221; </p>
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