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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

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
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