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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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