You snapped a beautiful photo of the baby’s first latch and posted it to your business Instagram to celebrate “another miracle.” The mother is horrified—her breast is visible, and she hadn’t told her extended family she had given birth yet. She sues you for “Invasion of Privacy” and “Public Disclosure of Private Facts.”
Key Takeaways
- Personal & Advertising Injury: This is the section of your policy that covers libel, slander, and invasion of privacy. You must have it.
- HIPAA Applies to You: Even if you aren’t a “Covered Entity” under federal law (debatable for doulas), state privacy laws in 2026 are strict. Posting a client’s medical moment without consent is actionable.
- The “Written” Requirement: Verbal consent (“Sure, take a pic”) is not enough for social media. You need a signed Model Release.
- Metadata Danger: Posting a photo often reveals the location (hospital) and time, which is private data.
The “Why” (The Trap): Social Media Exclusions
Some modern policies have introduced “Cyber & Privacy Exclusions” or restrict coverage for “Social Media Activities” unless you buy a specific Cyber rider.
They argue that posting on Instagram is “Marketing,” not “Doula Services.” If your “Personal and Advertising Injury” limit is $0 or excluded, you are paying the settlement out of pocket.
The Investigation: Advertising Injury Coverage
I reviewed the “Coverage B” (Personal and Advertising Injury) of standard policies.
1. Standard GL Policy
- My Analysis: Usually includes “Invasion of Privacy.”
- The Limit: Typically matches your aggregate ($1M).
- The Condition: It only covers accidental offenses. If you knowingly violated privacy, they might deny it.
2. Media Liability Insurance
- My Analysis: Essential for birth photographers.
- Scope: Covers copyright infringement and failure to get releases.
3. Cyber Liability
- My Analysis: This is for data breaches, but sometimes covers “Multimedia Liability” (posting things you shouldn’t).
Comparison Table: Permission Levels
| Action | Legally Safe? | Insurance Covered? |
| Photo for Client only | Yes | Yes |
| Posted with Verbal Yes | No (He said/She said) | Risky |
| Posted with Signed Release | Yes | Yes |
| Posted with Identifying Info | No (Privacy violation) | Maybe (Defense only) |
[IMAGE: Photo of a ‘Model Release Form’ specifically designed for birth images]
Step-by-Step Action Plan
- Delete the Post: Immediately. Every second it is up increases damages.
- Get a Model Release: Do not use a generic one. Use one that specifies: “I consent to images of my birth, including partial nudity, being used on Instagram/Facebook.”
- Blur Faces/Identifying Marks: In 2026, AI face recognition is everywhere. Blurring faces protects your client’s privacy from scrapers.
- Check “Coverage B”: Look at your policy Dec Page. Ensure “Personal & Advertising Injury” has a dollar amount next to it.
FAQ Section
Does a blurred photo require consent?
Yes. The client can still recognize themselves (and their room/body). You always need consent for commercial use.
What if I just share the baby’s feet?
Safer, but still requires consent. You are using their baby to market your business.
Can I claim ‘Artistic License’?
Not if you are using it to sell doula services. That is “Commercial Speech,” which has fewer protections than art.