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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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NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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