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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
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Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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