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See all the news storiesWhat really happens when a media organisation faces a high-stakes legal claim? From underwriting and risk management through to claims handling and legal defence, the journey can feel daunting, particularly when the claimant is well resourced and the issues at stake are complex.
In the latest episode of Tokio Marine HCC’s Media Liability podcast series, Ros Breese, Underwriting Director - Media, Film & TV, is joined by Laura Kirk, Head of Professional Indemnity Claims at Tokio Marine HCC, and Matthew Dando, Partner at specialist media law firm Wiggin. Together, they walk listeners through a realistic claims scenario to show how media liability insurance works in practice and, crucially, how collaboration and expertise support publishers when it matters most.
Setting the scene: A real-world media risk
The discussion centres on a hypothetical but highly plausible scenario involving a newspaper publisher with strong editorial controls, experienced journalists and robust risk management processes. Despite careful preparation, the publisher finds itself facing a claim from a high-profile celebrity following an investigative article alleging tax avoidance. The claim spans defamation, invasion of privacy and data protection, a combination that is becoming increasingly common in today’s media landscape.
As Ros explains, even well-run publishers with strong legal awareness can find themselves on the receiving end of claims. That does not mean something has gone wrong. In fact, as Matthew notes, threats of legal action can often be a sign that journalism is doing precisely what it should: holding powerful individuals to account.
The claims process: Support from day one
Laura provides valuable insight into what happens when a claim is first notified. From the outset, her role is about clarity, reassurance, and structure, ensuring the insurer understands the claim, the insured understands the process, and that both parties are aligned on next steps.
She explains why insurers review policy coverage at an early stage, addressing a common misconception that this signals a problem. In reality, it is about ensuring the policy responds exactly as intended, protecting both parties and allowing the claim to progress smoothly.
Notably, Laura emphasises that claims handling at TMHCC is about honouring the policy, guiding clients through unfamiliar territory and ensuring they receive the indemnity they have paid for.
Legal strategy and defending journalism
Matthew then takes listeners inside the legal analysis that follows. From assessing the meaning of the article to evaluating defences based on truth and public interest, he outlines how media lawyers approach complex publication disputes.
A particularly valuable part of the discussion explores the growing prominence of privacy claims, often used alongside or in place of defamation and how this has altered the risk landscape for publishers. Matthew explains why documentation, training and editorial decision-making are now more critical than ever when demonstrating responsible journalism.
A true partnership approach
One of the strongest themes running throughout the episode is collaboration. Claims are not handled in silos. Underwriters, claims professionals and external lawyers work closely together, sharing insight and experience to achieve the best possible outcome for the insured.
As both Laura and Matthew highlight, this team-based approach strengthens decision-making, supports effective strategy and ultimately gives publishers the confidence to continue operating in a challenging environment.
Listen to the full episode
This article only scratches the surface of a wide-ranging and practical discussion. The full podcast offers deeper insight into media liability claims, real-world legal strategy and how Tokio Marine HCC supports media clients every step of the way.
🎧 Listen here to the full podcast to discover the conversation in detail and gain a valuable perspective on navigating media risks with confidence.
