Bloggers Beginning To Covet Coverage

As libel lawsuits increase, some find insurance is best policy.

The evolution of journalism has opened the door for bloggers to become a more significant part of the mainstream press by breaking news stories and providing commentary. With that increased power comes a greater threat of legal action from people who are targets of criticism.

In response, the Media Bloggers Association, a non-profit group based in New Rochelle, N.Y., that promotes "citizen journalism," recently announced a program that will provide bloggers insurance against threats of libel lawsuits, copyright claims, invasion of privacy accusations and other potential land mines.

From a blogging lawyer's perspective, the legal concerns include legal malpractice, along with libelous and defamatory comments. A regular feature of lawyers' blogs is a disclaimer explaining that the blog is meant for informational purposes and should not be taken as legal advice, nor does any interaction constitute the formation of an attorney-client relationship.

Still, blogging liability is a matter of some concern for some Connecticut firms. One blogger who requested anonymity said he believed his firm's umbrella insurance policy covered his web postings, but he did not feel comfortable discussing the specific legalities. He has not considered purchasing additional insurance.

But Stamford attorney Sergei Lemberg doesn't understand the fuss and worry, and he has yet to hear a good explanation as to why he should be concerned about his postings on www.lemonjustice.com. There he discusses issues related to lemon laws and reveals problems with certain products and manufacturers that come to light through cases he and others have prosecuted.

He says he's careful not to post specific information about his clients and makes it clear through a disclaimer that his site does not provide legal advice. Otherwise, the ability to sling some arrows responsibly "is what this country is all about. We live in a society where we can criticize people."

For Lemberg, automobile manufacturers often are the target, but none of them has ever contacted him about his posts. He discounts the need for insurance protection for a blog.

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