‘Is social media a defective product?’- Harry Lambert Published in The New Law Journal

Harry Lambert’s article Is social media a defective product? is featured today on the front cover of the New Law Journal.

In the first part of a new series focused on the legal obligation of social media companies, digital product liability expert Harry Lambert puts social media firms under the spotlight, asking: to what extent are they liable for harm?

In a booming industry where regulation struggles to keep pace, social media companies have been frequently accused of not doing enough to protect users and/or take accountability. Harry Lambert’s series of articles evaluates the potential liability of social media companies for the harms caused by their algorithms and platform design.

Part 1, available now, considers whether it is possible to sue social media companies at all, or whether they are protected by contractual or statutory immunity. Harry’s article examines in detail the law in relation to social media algorithms and asks if they are covered by the Electronic Commerce (EC Directive) Regulations 2002.

Following this publication, a further two articles will consider the various causes of action available to users seeking civil redress, which are then road-tested in Part 3.

Part 2, on the assumption that such immunity can be circumnavigated, will consider which causes of action provide the best vehicle for such claims, against the backdrop of the wider statutory framework governing social media contained in the new Online Safety Act 2023 (OSA 2023).

Part 3 will delve deeper into the potential liability of social media companies by reference to social media addiction, sexploitation and body dysmorphia.

Is social media a defective product? (Part 1)

Read the full article here. Non-subscribers may access the article free of charge by filling in a short verification form. No data is stored.

About the author

Harry Lambert specialises in the areas of product liability, medical tech, clinical negligence, personal injury, and human rights law. He is also renowned for his expertise in group litigation claims relating to these areas.

Harry is a creative and inventive lawyer, at the forefront of thought leadership on issues of product liability in the digital age.

He is also the Founder and Head of the Centre for Neurotechnology & Law, and his 12-part series on Neurotechnology and The Law has garnered academic acclaim, been translated into several European languages, and turned into a podcast run by the Italian equivalent of the Financial Times.

To find out more about Harry, contact Paul Barton on +44 (0)20 7427 4907 or Harry Gamble on +44 (0)20 7353 6381 for a confidential discussion.

External Publications, News 17 Apr, 2025