I was filming a high-end real estate listing. I panned a bit too far left and caught footage of a famous actor sunbathing in the next yard. I didn’t notice until I posted it. Now I’m being sued for “Intrusion upon Seclusion” and “Publication of Private Facts.” They want $1 Million.
Key Takeaways
- “Personal and Advertising Injury”: This is the specific coverage clause that protects you against privacy lawsuits (slander, libel, invasion of privacy).
- Intentional Acts Exclusion: If you intentionally spied on them (paparazzi style), insurance denies coverage. You must prove it was accidental/incidental to your job.
- The “Publication” Trigger: The damage wasn’t done when you filmed it; it was done when you posted it. Media Liability coverage helps here.
- Standard GL Might Fail: A basic General Liability policy often excludes “Aircraft-related privacy claims.” You need an aviation-specific policy.
The “Why” (The Trap): The “Voyeurism” Assumption
Insurers are terrified of drones being used for spying.
Many policies have a specific “Privacy Violation Exclusion” or limit it to $10,000 defense costs only.
You need to verify your policy includes “Personal Injury” (which means injury to rights, not body) coverage without a drone sub-limit.
The Investigation: “I Called Them”
I checked privacy coverage for drone pilots.
1. Basic On-Demand App
- Verdict: Often excludes “Personal Injury” entirely. Covers crashes only.
- Risk: You are naked in a privacy lawsuit.
2. Global Aerospace / Starr
- Verdict: Their standard UAS policy includes “Personal and Advertising Injury.”
- Defense: They provide a lawyer to argue that you had a right to fly there or that the footage wasn’t “offensive to a reasonable person.”
3. Media Liability (CN A)
- Verdict: Best coverage. Specifically designed for filmmakers and journalists. Covers copyright and privacy.
Comparison Table: Privacy Lawsuit Defense
| Policy Type | Privacy Defense? | Settlement Payout? |
| Basic Drone Liability | No (Often Excluded) | No |
| Commercial UAS (Full) | Yes (Personal Injury) | Yes |
| Media Liability (E&O) | Yes (Core Coverage) | Yes |
Step-by-Step Action Plan
- Takedown Immediately: Remove the footage from YouTube/MLS. Every second it’s up increases damages.
- Do Not Delete the Source: Keep the raw file as evidence. Deleting it looks like “Spoliation of Evidence” (guilt).
- Call Insurance: specifically ask for the “Personal Injury” adjuster.
- Hire a First Amendment Lawyer: If insurance denies, you need a lawyer who specializes in “Newsgathering Rights.”
FAQ
Q: Is the airspace above their house private?
A: Generally, no (Navigable Airspace). But zooming in on a private pool area can still be “Intrusion.” It’s a gray area regarding expectation of privacy.
Q: Does blurring their face fix it?
A: It mitigates damages, but if you filmed them in a private moment, the act of filming itself can be the tort.
[IMAGE: Graphic showing the “Public Airspace” vs “reasonable expectation of privacy” zones over a backyard.]