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As someone with decades of experience underwriting Media, Film and TV risks, Ros Breese, Underwriting Director - Media, Film & TV, has seen firsthand how the legal and financial exposures facing content creators have intensified, particularly in recent years. The creative process is now taking place in a landscape where a single storyline, image or reference can quickly escalate into a legal dispute, even when no intentional wrongdoing has occurred.
That is why Errors & Omissions (E&O) insurance has shifted from a contractual requirement in the background to a critical part of any production’s risk strategy.
Understanding what E&O really protects
E&O insurance is designed to protect the content of a production, including everything the audience sees or hears, whether it’s a scripted drama, documentary, feature film, podcast, or short-form online content. This includes dialogue, images, music, archive footage, stills and the title itself.
The risks E&O responds to are typically legal in nature, such as:
However, it does not cover physical production risks such as equipment damage, cast injury or location issues, focusing instead on the legal liabilities arising from the creative output. Policies can be arranged for individual productions over a multi-year period or structured to cover a company’s output over a 12-month cycle.
Timing matters more than you think
Although E&O insurance is often triggered by contractual requirements from broadcasters, distributors or platforms, waiting until a project nears completion can create challenges. By that stage, content may already contain elements that present legal obstacles, making it harder to secure cover or requiring costly edits or rewrites.
It’s also important to recognise that a claim does not need to be successful, or even particularly strong, to be financially damaging. Without access to the kind of specialist legal support an E&O policy provides, the defence process itself can be expensive and time-consuming.
One example involved a documentary producer using a photographer’s images without permission. Although the producer could ultimately defend the case successfully under Fair Use/Fair Dealing, the legal defence costs exceeded $75,000, highlighting that even speculative or unsuccessful claims can carry real financial consequences.
This is just one example, and different types of content attract different levels of legal scrutiny:
Risk management as an operational discipline
It’s a sector where brokers, lawyers and underwriters work alongside production companies to pinpoint and manage exposures ahead of any underwriting decision, and this process can include:
These steps are far more effective when embedded early in the process rather than treated as a post-production compliance exercise.
A proactive approach is becoming essential
E&O insurance is no longer simply a tick-box exercise to satisfy contractual requirements. It now forms part of a broader risk strategy that enables creative teams to produce confidently while managing legal uncertainty in an increasingly challenging environment. Engaging early, seeking expert guidance and embedding risk awareness throughout production gives organisations the best chance of ensuring that content makes it to screens without legal disruption.
For more information, please visit our Media and Film & TV pages.
