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).
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