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NLJ this week: Making Big Tech pay for digital addiction

21 November 2025
Issue: 8140 / Categories: Legal News , Technology , Social Media , Liability , Mental health
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Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ

Platforms, he says, deliberately exploit users’ 'limbic hijacks' to engineer addiction and profit from resulting harms—ranging from depression and body dysmorphia to exploitation.

Drawing analogies with tobacco and gambling, Lambert contends that tortious liability should extend to algorithms designed to manipulate emotion and attention. In detailed examples—including 'Snapchat rape' and online body-image disorders—he explores how legal principles such as the 'creation of danger' doctrine could hold companies accountable.

Citing internal Meta research and whistleblower evidence, Lambert concludes that only litigation can compel Big Tech to redesign its systems: lawyers must make harming users more expensive than changing the algorithm.

MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

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Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
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