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Is social media a defective product? Pt 1

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In the first part of a new series, Harry Lambert puts social media firms under the spotlight, asking: to what extent are they liable for harm?
  • Considers whether it is possible to sue social media companies, or whether they are protected by immunity—either contractual or statutory.
  • Examines in detail the law in relation to social media algorithms and asks if they are covered by the Electronic Commerce (EC Directive) Regulations 2002.

This series evaluates the potential liability of social media companies for the harms caused by their algorithms and platform design.

This part considers whether it is possible to sue social media companies at all, or whether they are protected by contractual or statutory immunity. In part two, on the assumption that such immunity can be circumnavigated, I will consider which causes of action provide the best vehicle for such claims, against the backdrop of the wider statutory framework governing social media contained in the new Online Safety Act 2023 (OSA

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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