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Is social media a defective product? Pt 2

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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

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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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