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04 July 2025
Issue: 8123 / Categories: Legal News , Technology , Social Media , Liability , Consumer , Personal injury
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NLJ this week: Platforms on trial—can social media be a defective product?

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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.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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