Is the ever-increasing use of social media and technology bad for mental and possibly physical health? And, if it is, who is responsible?
This was the issue put before a Californian jury last week, which found Meta - Instagram, Facebook and WhatsApp - and Google - YouTube - liable for $6 million (£4.5 million) between them in damages. The case considered if the social media giants were responsible for the impact of their platforms on the mental health of a 20-year-old woman. Crucially, this case did not concern the content found on the website, but rather the design of the platform itself – for example, the option to infinitely scroll. The jury found that the companies acted with ‘malice, oppression, or fraud’ in the design of their platforms which encouraged harmful and addictive use.
Whilst both companies have indicated they intend to appeal this verdict, it is indicative of the changing legal framework relating to social media.
If the companies’ appeal is unsuccessful, this could lead to a landslide of similar claims.
It is uncertain where the line of responsibility lies and when platform use crosses the line between simply problematic into being addictive. The ramifications of this ruling are also unclear, for instance, whether this has the potential to similarly extend liability in other industries (for example, vapes).
The Global Issue
This ruling also reflects developments in other jurisdictions. Last year, the Australian Government banned social media for children by legislating to require businesses to take reasonable steps to stop children accessing their platforms, with significant fines for those who don’t comply. Here in the UK, amendments to the UK’s Children's Wellbeing and Schools Bill have been proposed which, if passed, could ban under-16s from accessing social media. How practical this is to enforce remains in doubt – there have been widely-reported teething issues and implementation challenges with the Australian legislation and many young people themselves, might well be motivated to circumvent age restrictions, as currently happens with other age-restricted products and services.
Whether or not these measures are taken forward, the direction of travel generally is towards greater regulation, especially for the protection of children. Recently, the ICO fined Reddit £14.47m for unlawfully using personal information relating to children. The ICO stated that the platform failed to properly verify user ages, potentially exposing children to harmful content. Meanwhile, the Online Safety Act 2023 creates protections for children and adults online through greater transparency and accountability for the content which is hosted on platforms.
The most prominent US cases have focused on the design of the platforms and algorithms used in these platforms, while the UK and Australia have (so far) considered content and access. Opinions on this are hardening among those campaigning for resisting change. It is hard to see how any future decision taken by the UK government to act, or not to act, could keep all sides happy. Depending on how any new measures were implemented, any steps taken could themselves be subject to further legal challenge.
What does this mean practically?
Businesses may face increased obligations relating to safeguarding, content moderation and data‑handling practices. Companies that rely on digital engagement tools or user‑generated content may need to reassess their compliance frameworks to ensure they meet emerging standards or the risk of significant changes in law and acceptable behaviours. Preparing early for greater transparency, stronger data governance and more robust protections for younger users will help mitigate risk as the regulatory landscape evolves.
Our Intellectual Property and Data Protection Team at Thorntons are monitoring developments across international jurisdictions, and the UK with respect to any changes in privacy and online requirements and will be happy to answer any questions regarding this, or other elements of an organisation’s approach to data protection, its online profile, or commercial risk. Please do not hesitate to contact us on 03330 430350 to discuss your needs further.
