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Insurance, explained

Defamation

Defamation concerns an allegation that material communicated to someone else unlawfully harmed a person’s reputation. The applicable law, meaning of the material and available defences determine whether liability arises.

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BAU Risk Services — insurance brokerage

01 / The meaning

What it means.

A business can encounter an allegation through advertising, a website, social media, a reference or a professional report. A private disagreement is not automatically defamation, and a harsh opinion is not automatically protected merely because it is described as opinion. Different rules can affect individuals and organisations seeking a remedy, so legal assessment matters before responding publicly.

Insurance treatment depends on the activity and policy. Some professional indemnity, media or liability wordings include defined defamation exposure; others restrict it or exclude particular publications and deliberate conduct. A request to remove a statement may be relevant even before a court document arrives. Preserve the original publication and correspondence, seek appropriate advice and consider the notification requirements before offering an apology or settlement.

02 / Put it in context

A practical example.

Hypothetical example

Hypothetical example: a marketing consultancy posts a campaign naming a supplier as dishonest. The supplier sends a legal demand. The consultancy records the publication history and asks its insurer to assess the allegation and wording.

This example illustrates the term. It does not predict a claim outcome.

03 / Read the detail

What to check.

04 / Start a useful conversation

A question for your broker.

Does our policy address allegations arising from this type of published material?

Further reading

Read the source guidance alongside the relevant policy wording.

General information only. This does not take into account your objectives, financial situation or needs. Before acting, consider whether the information is appropriate for you. Cover is subject to insurer acceptance and the policy terms, conditions, limits and exclusions. Read the Financial Services Guide and the relevant PDS (where applicable) and/or policy wording before deciding.

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