Johannesburg – In the digital era, claims against small businesses are no longer limited to the classic “slip-and-trip” incidents at the premises.
Increasingly, risks are becoming far more complex, extending into areas like media liability.
The rise of user-generated content, social media, and online publishing has dramatically increased the risks of copyright infringement, defamation, and other forms of media liability, not only for small businesses but also for individuals working as influencers or content creators.
This is according to Melita Thurling, Head of SureThing at ITOO Special Risks, who warns that verifying facts is now more important than ever before publishing anything.
Therefore, businesses and individuals must ensure that they have the authority to share information and that they are not infringing on anyone’s rights.
“Especially nowadays, it is absolutely vital to verify sources carefully, which means doing proper fact-checking,” says Thurling.
“We have seen numerous cases where people rely on websites or sources that are blatantly – or even subtly – incorrect, and then republish that misinformation, landing themselves in trouble.”
However, she cautions that fact-checking is also becoming increasingly difficult, as content that appears legitimate can often be misleading, and with the rise of AI-generated videos and deepfakes, it is even harder to discern what is real.
“What people must realise is that if they see something posted on a channel like WhatsApp and then share it on their own platforms without verifying it, they cannot rely on ignorance as a defence,” she explains.
“They would still be liable for spreading false information, even though they were not the source,” Thurling explains.
“You are always responsible for the content you publish, regardless of where it came from.
“Saying ‘I got it from someone else’ does not absolve you of liability.
“Hence, it is crucial to ensure that what you are sharing is either factually accurate or clearly presented as opinion to avoid legal or reputational consequences.”
Thurling points out that compelling information found on social media channels such as Twitter or LinkedIn can easily be cross-referenced with stories from established media outlets, which have fact-checking processes in place.
“Of course, they are not infallible, but it is a layer of protection when trying to verify the accuracy of what you are about to share,” says Thurling.
“If multiple reputable news sources are reporting the same story, it adds credibility.
“And when content leans more toward opinion than fact, it is important to consider the source’s agenda or bias,” she says.
Another issue that influencers and small businesses should be aware of is that of intellectual property rights.
In a recent case, a local actress reposted a photo of herself, but the image was taken during a professional shoot by an agency.
While she assumed she had the right to use it, the agency sued her for copyright infringement.
“This is a reminder that contracts matter. Just because you are in the photo does not mean you own it,” says Thurling.
“You need to understand what you are allowed to use, and this should be clearly outlined in any agreement.”
Thurling adds: “This is especially relevant for influencers.
“Many are individuals who have built a following through charisma or presence, but they may not be fully aware of the legal boundaries.
“They are running a business, but often without formal training, professional networks, or institutional support.
“That lack of awareness can lead to trouble quickly.”
This is where liability insurance comes in, which can provide much-needed protection for influencers or small businesses.
While cyber insurance typically covers copyright issues and defamation, comprehensive liability cover provides resilience in an unpredictable world, protecting against risks that go far beyond the physical.
“Of course, the incident must be unintentional. Insurance is designed to protect against mistakes, not deliberate wrongdoing,” says Thurling.
“But not all incidents stemming from ignorance will be covered.
“If your ignorance borders on recklessness, something you really should have known, then the insurer might not respond.
“If it is a genuine misunderstanding, especially in a complex or unclear legal area, the policy should still cover you.
“Insurance is there to protect against honest mistakes, not illegal acts.”
