Newsletter insurance: media liability for Substack and newsletter writers
Whether you write on Substack, Beehiiv, Ghost or Kit (ConvertKit), a paid newsletter makes you the writer, editor and publisher at once. Media liability defends you when someone says a post defamed them, invaded their privacy or used their work, including posts that sit in your archive for years.
This guide explains where claims against newsletter writers come from and how media liability works. Ready for a policy? Get a newsletter quote from CreatorSure.
Where claims come from
- Reporting and commentary about real people and companies.
- Quotes from sources, emails and leaked documents.
- Images and charts you didn't make.
- Guest posts and reader comments you publish.
- Your archive. Old posts stay live and keep getting shared.
Doing original reporting? See journalist insurance. Running a paid community for readers? Read membership coverage.
What's different when you write a newsletter
- Every issue lands twice. It goes to inboxes you can't recall, then stays in your archive for good.
- Investigations name names. A post about a company's conduct is the kind that draws a demand letter.
- Quoting sources. A source who says they never said it, or never agreed to be named, can bring a claim.
- Sponsor reads. When you repeat a sponsor's claims in your own voice, they become your words.
How media liability works for newsletter writers
A claim usually starts as a demand letter. Your policy pays for a lawyer to answer it, then defense costs and covered settlements or judgments, up to your limit. Coverage depends on your policy terms.
CreatorSure sets up your policy to cover what you've already published, not only what comes next. It's for claims that arrive after your policy starts, not disputes you already know about.
Substack, Section 230 and your own words
Substack, Beehiiv, Ghost and Kit have terms that protect the platform. They can remove a post or close an account, but they don't defend you against a legal claim.
In general terms, Section 230 is a US law that protects platforms and site owners from many claims over content other people post. It doesn't protect you from claims over what you wrote yourself. Reader comments and guest posts can be treated differently from your own issues. This is general information, not legal advice.
Where general liability fits
General liability covers some defamation claims for ordinary businesses through its personal and advertising injury part. For businesses primarily engaged in publishing, that part is typically limited or excluded, and a newsletter is publishing. General liability still covers physical accidents, like a reader tripping at your live event (which CreatorSure covers). See media vs general liability.
Other coverage you need
- Cyber. You hold a subscriber list and take payments (which CreatorSure covers).
- Professional E&O. You write or consult for clients on the side (which CreatorSure covers).
When someone takes your work
Someone reposts your paid posts for free or republishes your writing under their name. Fight Back helps pay for a lawyer, takedowns and demand letters to go after them.
Questions
Does Substack protect me if I'm sued?
No. Substack's terms protect Substack. You're the publisher, so a claim over your post names you.
Do free newsletters need media liability?
Yes. Libel and copyright claims don't check whether readers paid. If you write about real people or use material you didn't make, get covered.
Does it matter if I use Beehiiv, Ghost or Kit instead of Substack?
No. The platform delivers your issues, but you're the publisher on every one of them. The same claims and the same coverage apply.
Am I covered for guest posts?
Yes. Tell CreatorSure how you publish guest writers and they'll place a policy that covers those issues too.
What if someone reposts my paid issues?
That's Fight Back, which helps you go after them. CreatorSure covers it too.
What does it cost?
It depends on your subscribers, revenue, topics and the limits you need. See what it costs.
Ready for a policy?
CreatorSure is our creator insurance program. It sells newsletter insurance for Substack, Beehiiv, Ghost and Kit writers, and will place a policy that covers every issue in your archive.