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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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