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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.

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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