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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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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