The sixth installment in the Bold Penguin series addresses the risks for influencers and content creators, how the industry has changed in recent years, and tips for agents and advisors on media liability insurance.
Contributed by Nicole Farley, Senior Vice President of Agency and Carrier Operations at Bold Penguin. As SVP of Agency and Carrier Operations, Farley works to streamline the commercial quoting experience for agents and business owners, working closely with several large enterprise partners and carriers to achieve mutual short and long-term goals and objectives.
Unique Risks For Evolving Industries is a six-part educational series crafted to help insurance agents navigate the unique risks of industries that have evolved in the post-pandemic world. Each month, Bold Penguin will explore one unique industry that was significantly impacted by the social and economic shifts of COVID-19. We’ll discuss industry changes, trends, associated risks, and actionable tips to ensure the entrepreneurs of today are protected by media liability insurance.
June focuses on influencers and content creators. The complete Unique Risks For Evolving Industries 2025 Report will be available in July.
Social media has pervaded almost every corner of our society. From finance to fitness, cooking to fashion, and, yes, even insurance, there is an influencer with a digital following. These content creators recommend and share their subject matter expertise across leading and emerging social media platforms. According to recent research by Soax, time spent on social media increased from 90 minutes per day per user in 2013 to 143 minutes a day in 2024. Both figures are, of course, up from zero in 2003, when Facebook was an idea in Mark Zuckerberg’s head.
While the boom in social media outlets quickly led to the birth of the influencer, questions remained about the viability of monetizing influencer marketing. The legion of influencers with globally established brands has answered with a resounding yes. Social media has created a completely new, lucrative market, and a whole generation of content creators and social media influencers are taking advantage of it. But many of them have not yet considered or secured media liability insurance, leaving them and their businesses vulnerable to unique risks of the industry.
In fact, according to the Influencer Marketing Benchmark Report 2025, “In 2024, influencer marketing propelled social media to become the world’s largest advertising channel, surpassing paid search with a staggering $247.3B, reaching $266.92B by end of 2025 in global spend, cementing its role as the epicenter of consumer influence and engagement.”
Whether these entrepreneurs are pursuing this career as a side hustle with just a few thousand followers or a full-time career with a robust global brand, they need the protection of media liability insurance. Tyler Peterson, SVP, Underwriting Management with Hiscox USA, summarized, “With this increased level of digital connection – particularly with popular online personalities – there’s more opportunity to turn engagement into a for-profit business. While being an influencer may not initially seem like a traditional business model, it does come with some traditional business risks, along with some more unusual ones.” She continued, “Social media is big business, and only seems to be growing. With great influence, comes great risk, and it’s important that influencers have the protection they need to continue promoting, educating, coaching, and inspiring. Even micro-influencers—with under 100,000 followers—may have [several] exposures.”
As this relatively nascent industry and the laws that govern it develop and change, agents and carriers are responding. Agents who familiarize themselves with this growing field and the related specialty media liability insurance coverages available are in a great position to serve their clients better and grow their own business.
Becky Monfre, VP Partner Experience at Coterie, states, “One of the most significant liability risks influencers and content creators face is personal and advertising injury. This includes issues such as defamation, copyright infringement, and misrepresentation—especially when promoting or endorsing other companies’ branded products. Many influencers earn income by leveraging their personal image and platforms to market products or services, often without being fully aware of the associated legal or reputational risks. This is particularly important when they’re not experts in the areas they’re promoting or advising on, such as health, finance, or lifestyle coaching.”
Agents who advise influencers and content creators about media liability insurance, can help protect them from claims related to the content they create, publish, or distribute. While this type of niche coverage is not new (it was actually invented more than a century ago), it has become especially important with the explosion in content creation brought on by the internet.
Peterson summarized the importance of media liability coverage, stating that, “Provided that a content creator doesn’t willfully use another’s IP [(intellectual property)] without permission, a media liability policy may help appoint specialized lawyers and potentially pay for defense of copyright, trademark, or breach of license claims.”
Here are just a few examples of risk scenarios Peterson shared that might be covered by media liability insurance policy:
Peterson also pointed out that, “Depending on the size of a content creator’s kit or the production budget for a particular promotion or video, [they] may want to consider placing a Production Package policy with an entertainment insurer. These policies cover the Property and Casualty exposures that are specific to productions and can be tailored based on the type of productions that are filmed (e.g. general liability, technical equipment, props and sets, worker’s’ comp and commercial auto).”
She also pointed out that influencers in a specific media niche might have additional options, “For a well-rounded package for a health and fitness influencer, [they] could also ask for the Media Liability policy to add bodily injury coverage. This is not standard coverage, but may be considered by a carrier.”
In specific niches like in the fashion, health, and beauty sectors, agents should be aware of white label trends. This refers to situations where manufacturers use their factories to make generic versions of their products for others to rebrand as their own. For example, an online beauty influencer might white label, promote, and sell her own line of lipsticks on her website or Amazon store.
Influencers might not realize that the moment they place their labels on a product, they are now considered the manufacturer of that product, regardless of whether they own the factory, and could face product liability risk. They will need a separate policy that focuses on manufacturing aspects to help protect them against product liability exposure.
Accidents happen. No influencer plans on damaging property or causing injury during filming or production. As in all industries, a robust foundational insurance coverage package for influencers and content creators should be in place just in case things go wrong during content creation. We already discussed the importance of a media liability insurance policy tailored to an individual influencer’s business. But agents and businesses should consider some of these other essential types of insurance:
General Liability insurance may help cover claims resulting from things like a 3rd party injury or property damage during production. Peterson added that, “Claims arising from an audience member who used a promoted product and was injured may be covered under a General Liability policy, as well.”
Monfre adds that cyber insurance is not just for big businesses anymore. Even small businesses need cyber protection, including content creators, “Given their reliance on social media, personal branding, and customer or follower data, influencers are high-value targets for cyberattacks. A breach can result in reputational damage, data loss, and potential legal consequences.”
A bundled Business Owner’s Policy (BOP) will provide additional protection of equipment and other lower- value assets.
Agents should also advise regarding the need for workers’ compensation coverage. Even LLC’s with no employees could benefit from work-related injury protection.
It’s worthwhile to note that many of these digital entrepreneurs already have personal lines of insurance that agents are providing. An agent who can service both the personal and commercial needs of influencers and content creators is well-positioned to grow with this niche. Here are just a few tips to keep in mind when advising these digital content creators:
There is always the potential for the unexpected or the unintended to happen. These risks become greater when an influencer presents and markets themselves as a subject matter expert. Monfre stated that, “A common misconception is that if you're not selling a physical product, you're less likely to face liability risks. But that is far from true. Using your personal brand, name, and image to educate, promote, or advise others can expose you to significant legal and financial vulnerabilities. Whether it’s the advice being shared, endorsements made, or services offered, there’s always the potential to unintentionally cause harm—especially in areas where you're perceived as an authority.”
Many of these influencers and content creators will be working from home, using their personal laptops or phones, especially as they start to grow their brand. They may assume that they don’t need commercial coverage if they’re using only personal assets. Peterson addressed this stating, “[They] may think they don’t need to purchase additional insurance for their promotional or production activities because they have renters’ or homeowners' insurance that covers their personal liability or their personal laptops or cell phones. This is a misconception as the monetization of their social accounts may lead to the types of risks [that could be] excluded under their personal lines policies.”
Agents should take the time to understand how the insured makes money. If a content creator has been hired by a third party, she might be required to show proof of insurance. Geneie Andrews, Director of Partnerships at biBERK, reminded us that, “Having insurance will generally satisfy a few needs, like that a client may require proof of insurance in a contract before they will accept you for a job.“
While professional liability coverage, also known as errors and omissions (E&O) insurance, can cover certain risks, these policies don’t cover all potential scenarios for influencers. Peterson pointed out that there are important exposures beyond what professional liability covers, “[E&O] may lack critical coverage for influencers and content creators, such as intellectual property infringement and defamation. [E&O] is designed to typically cover negligence claims that arise out of services provided; not usually content-created [claims].”
Entrepreneurs in this space are always evolving. What might have started with one business model often shifts as new demands arise. So do the laws that govern the space. Monfre warned, “As the business model, content, or strategy shifts, the associated risks may shift as well. It’s important to maintain regular, open communication with clients to reassess coverage needs and ensure their protection evolves alongside their brand. Geography should also be considered as legal environments change, and social media has no boundaries when it comes to reach.”
Of note: influencers and agents who serve them need to stay informed of the changes that come with a larger geographic reach. Peterson commented on the added concerns that come with the growth of influencers into international markets, “An influencer with an international audience promoting a brand in the UK may be subject to UK advertising standards even if they are US- based. If the influencer does not comply with disclosure requirements, this could lead to fines imposed by the governing body against the brand (who may in turn seek to recoup the fines by suing the influencer for negligence) or fines imposed directly on the influencer.”
The right media liability insurance package gives these entrepreneurs the safety net to pursue their passion while not sacrificing their personal assets and financial stability. Andrews reminds us, “Often it is just them out there doing their stuff when it comes to creating. Wouldn’t it be nice [for the content creators] to have that peace of mind that they do not need to go into their latest adventure alone?” Working with influencers and content creators to find the right coverage solidifies you as their trusted partner in their journey.
Social media is here to stay. We can safely predict that as the demand rises for more influencers and content creators, entrepreneurs will fill the need. And those entrepreneurs will need media liability insurance, whether they realize it or not. Monfre predicts an evolution of coverage as both carriers and agents work collaboratively toward specialized solutions, stating that, “As the influencer and content creator economy continues to grow and become more financially significant, I expect to see the development of more niche insurance products tailored specifically to the unique risks in this space. From brand reputation management to intellectual property concerns and evolving cyber threats, the nature of these risks will continue to shift.”
Influencers want their assets and reputation protected for all potential worst-case scenarios. As an agent, you should position yourself to provide this protection. Agents who stay informed and flexible as this industry grows will be well-positioned to grow with them.
The preceding article is part six of a six-part educational series crafted to help insurance agents navigate the unique risks of industries that have evolved in a post-pandemic world. Our intention is to keep commercial insurance agents abreast of industry trends. The complete Unique Risks For Evolving Industries 2025 Report will be available in July.
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