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21 November 2025 / Harry Lambert
Issue: 8140 / Categories: Features , Profession , Technology , Social Media , Liability , Mental health
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Is social media a defective product? Pt 3

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Could tortious liability be the only tool to make Big Tech pay for the psychological harms stemming from social media use? Harry Lambert issues a call to arms
  • Social media platforms intentionally create and normalise addiction through algorithms engineered to exploit users’ emotional and neurological vulnerabilities.
  • The article argues that tortious liability should extend to social media companies, as their deliberate design choices foreseeably cause psychological harm—including addiction, depression, sexploitation and body dysmorphia—while generating profit from those very harms.

Example 1: Addiction

Companies do morally dubious things every day, but there is no tort of being ‘dastardly’. So the first question we need to tackle head-on is why tortious liability should exist at all. In other words, why does making an addictive social media platform attract liability, in a way that (say) making an addictive cigarette or a gambling platform—or even, for that matter, a delicious chocolate bar—does not?

Each comparison helps us tease out the legally and morally relevant features at play.

Starting

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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