Is social media a defective product? Pt 2

04 July 2025 / Harry Lambert

Issue: 8123 / Categories: Features , Profession , Liability , Social Media , Technology , Personal injury , Consumer

In the second part of this series, Harry Lambert tackles some key questions: is social media a ‘product’ at all, and how might claims be brought against its platforms?

Legal debate intensifies over whether platforms qualify as ‘products’ under the Consumer Protection Act 1987—if so, they could face liability for harm caused by their design and algorithms.
While the Online Safety Act 2023 imposes duties to tackle illegal and age-inappropriate content, its vague standards and limited scope mean it is both a benchmark and a battleground for future claims.

This series evaluates the potential liability of social media companies for the harms caused by their algorithms and interface designs, conceptualising these platforms as products causing personal injury.

In Pt 1, we considered whether it was possible to sue social media companies at all, or whether they are protected by statutory or contractual immunity (‘Is social media a defective product? Pt 1’, NLJ, 18 & 25 April 2025, pp19-21).

Having surmounted those hurdles, we now turn to the possible

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Is social media a defective product? Pt 2

In the second part of this series, Harry Lambert tackles some key questions: is social media a ‘product’ at all, and how might claims be brought against its platforms?

Legal debate intensifies over whether platforms qualify as ‘products’ under the Consumer Protection Act 1987—if so, they could face liability for harm caused by their design and algorithms.
While the Online Safety Act 2023 imposes duties to tackle illegal and age-inappropriate content, its vague standards and limited scope mean it is both a benchmark and a battleground for future claims.

Having surmounted those hurdles, we now turn to the possible

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Is social media a defective product? Pt 2

MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Excello Law—Heather Horsewood & Darren Barwick

Ward Hadaway—Paul Wigham