Could social media platforms be treated as ‘products’ under the Consumer Protection Act 1987? If so, they could face strict liability for harms caused by addictive design features and algorithmic manipulation, says Harry Lambert of Outer Temple Chambers, writing in NLJ this week
Lambert argues that platforms are not mere conduits of ‘pure information’ but engineered environments with foreseeable risks—especially to children.
Drawing on case law, EU directives and the Online Safety Act 2023, he contends that social media’s design choices—like infinite scrolling or failure to remove harmful content—may breach duties in tort and contract. He highlights internal documents from US litigation showing tech firms knew of the risks but prioritised engagement.
With mounting evidence of harm and legal gaps, Lambert calls for courts to treat social media like any other potentially dangerous product—because the stakes, he warns, are nothing less than the mental health of a generation.
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