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04 July 2025
Issue: 8123 / Categories: Legal News , Technology , Social Media , Liability , Consumer , Personal injury
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NLJ this week: Platforms on trial—can social media be a defective product?

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Could social media platforms be treated as ‘products’ under the Consumer Protection Act 1987? If so, they could face strict liability for harms caused by addictive design features and algorithmic manipulation, says Harry Lambert of Outer Temple Chambers, writing in NLJ this week

Lambert argues that platforms are not mere conduits of ‘pure information’ but engineered environments with foreseeable risks—especially to children.

Drawing on case law, EU directives and the Online Safety Act 2023, he contends that social media’s design choices—like infinite scrolling or failure to remove harmful content—may breach duties in tort and contract. He highlights internal documents from US litigation showing tech firms knew of the risks but prioritised engagement.

With mounting evidence of harm and legal gaps, Lambert calls for courts to treat social media like any other potentially dangerous product—because the stakes, he warns, are nothing less than the mental health of a generation.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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