One of the issues that commonly arises in any discussion about independent journalism start-ups is liability. Working for a large news company, journalists feel protected against libel lawsuits since they corporate counsel on their side. But when you go it alone, you’re completely exposed.
I appeared on a panel at a recent workshop in Seattle sponsored by the Society of Professional Journalists when the question came up. Those of us on the panel and several veteran freelancers in the audience seemed to agree that, given the cost of liability insurance and the unlikely event that someone with shallow pockets would get sued, it’s not something to lose sleep over.
So I asked David Ardia, the director of the Citizen Media Law Project at the Berkman Center at Harvard for his take.
He acknowledged the cost concerns, but is strongly in favor of insurance:
I think liability insurance is very important. While legal counsel can help to fend off liability, if a publisher loses the lawsuit, they will be on the hook for damages. Unfortunately, most insurance carriers price their insurance products well above what a small journalism startup can afford.
So one option is the “high deductible approach:” find a good lawyer to use if you get sued instead of paying monthly premiums for liability insurance. If you’re just starting out, this might be your only option.
David added that this issue is covered in detail in the center’s legal guide, which is a must-visit site for anyone launching a new journalism start-up: http://www.citmedialaw.org/legal-guide/finding-insurance.
Mark Briggs 
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