Fire Tip Sheets

FIRE Tip Sheets convey expert guidance to help media outlets and freelance reporters arrange viable contracts for public-interest investigations.  An annotated list of the complete FIRE Tip Sheets appears here.


The Next Level

Optimum ("augmented") protection

  

When a publisher or broadcaster promises liability protection for a freelancer, it does so on the condition that the freelancer doesn’t break a specific set of promises—so it’s crucial to make realistic promises and to ensure that the contract indemnifies you as long as you keep those promises.  

You need promises you can keep, because you need indemnification—such protection is a must.

But actually, in the event of legal action, the outlet’s own indemnification promise comes with a caveat: The outlet doesn’t really control what the freelancer may ultimately owe in case of a complaint. 

By default, the outlet’s insurance carrier can require the freelancer to contribute to the costs of a “joint defense.” This payment would cost the freelancer far less than if the outlet hadn’t agreed to indemnify her, but it’s still money. 

Indemnification is the priority. But to significantly reduce the risk of also being asked to pitch in for the outlet’s legal defense, the indemnified freelancer could ask the outlet to add a special optional clause in the contract, something "sweeping in" like:

“The Contractor/Reporter will be insured under the Outlet’s insurance policy, for which the Outlet would take any steps necessary.” 

 

Such a stipulation would give the outlet far more leverage to approach its insurance company in case of legal action, saying, we promised this protection to the reporter, please back off, do not ask them or their insurer to contribute—we need to ask you to cover them completely. (One caveat: The “steps necessary” could include first filing paperwork to formally indemnify the freelancer, as required by one type of insurance policy.)

While making it more expensive for the outlet’s carrier, indemnification augmented by this "sweeping in" clause would be the gold standard for freelancers—an outlet would agree not only to indemnify the reporter but also to do so explicitly via its insurance policy (as opposed to out of pocket.)

From there, augmented indemnification would play out differently depending on whether the freelancer herself is insured—or uninsured.


About the FIRE Tip Sheets

FIRE Tip Sheets highlight some of the key questions raised at a 2021 FIRE panel on freelancer liability. Future guides will address intellectual property, pay rates, and other key issues for freelancers. An annotated list of the complete FIRE Tip Sheets appears here

FIRE Tip Sheets are made available for educational and informational purposes only: They are not legal advice. FIRE makes no representation or warranty for any particular fitness of purpose and is not responsible for the effect of any reliance upon FIRE Tip Sheets or other information provided by FIRE. 

Primary sources:

FIRE Tip Sheets are meant to open a dialogue in the public interest. To help us improve them, please email info@firenewsroom.org, subject line "Tip Sheet feedback." To query or clarify any element of Tip Sheet for use in freelance investigative reporting, please follow instructions at Legal Consultancy.


FIRE Tip Sheets are made possible by support from Craig Newmark Philanthropies.

© Freelance Investigative Reporters and Editors, 2022