Managing Defamation and Content Liability: A Practitioner's Guide to Pre-Publication Review, Retraction, Anti-SLAPP, and Insurance
By Casey Scott McKay ·
This guide is for counsel building a content liability programme for a publisher, newsletter, research firm, review site, or any business whose product is words about people. It is organised around the observation that most claims are prevented at the desk rather than defended in court, and that the prevention work is specific rather than general. The guide covers the triage rule that decides which content gets reviewed, the subject classification that sets the fault standard, the verification record that is the fault defence, the drafting disciplines around opinion and quotation, the privileges that answer a claim faster than truth does, the archive policy, and the first forty-eight hours after a demand letter. It closes with forum mapping for anti-SLAPP and the insurance architecture.
IP and Technology > Internet | Guide | Published 1 August 2024 - Updated 19 June 2025 | Casey Scott McKay - marksy.us
Summary. This guide is for counsel building a content liability programme for a publisher, newsletter, research firm, review site, or any business whose product is words about people. It is organised around the observation that most claims are prevented at the desk rather than defended in court, and that the prevention work is specific rather than general. It covers the triage rule deciding which content gets reviewed, the subject classification that sets the fault standard, the verification record that is the fault defence, the drafting disciplines around opinion and quotation, the privileges, the archive policy, and the first forty-eight hours after a demand letter. It closes with anti-SLAPP forum mapping and insurance.
Keywords: content liability programme · pre-publication review triage · verification records · subject classification · opinion drafting · fair report privilege · quotation practice · recording consent · archive policy · retraction windows · anti-SLAPP forum mapping · media liability insurance · litigation hold · freelancer indemnities · moderation records
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