The recent jury ruling against Meta and YouTube, as reported by the BBC marks a turning point. Not because of the damages, but because of what it says about how these platforms are judged. At the centre of the case was a challenge to the idea that these platforms are simply hosting content.
For the first time, a court has treated social platforms as products shaped by design choices, and therefore accountable for the outcomes of those choices. As outlined by Ars Technica, what were once seen as standard platform features, autoplay, infinite scroll and algorithmic recommendations, are now being examined as deliberate design choices.
That matters because the model these platforms rely on, including how universities reach prospective students, has been built around optimising those mechanics.
A shift in what “good” looks like
If engagement starts to carry legal and reputational risk, the definition of effectiveness changes.
It won’t happen overnight, but the direction of travel is clear.
We’re likely to see:
• more friction, less compulsion
• tighter controls around younger audiences
• greater scrutiny of how attention is captured, not just how much
And the metrics that have dominated digital strategy for years, clicks, time spent, frequency, start to feel less like success signals and more like liabilities.
What this opens up
There’s an assumption in marketing: that the most effective work is the most optimised, the most targeted, the most persistent.
This ruling challenges that.
If platforms are forced to reduce reliance on addictive design, advantage shifts away from who can push hardest and towards who can resonate best. This plays directly into how universities build long-term brand preference, not just short-term response.
Where this creates an advantage
When you can’t rely on targeting alone, what matters is:
• a strong brand
• a clear story
• trust
• creative that stands out
If the industry is moving away from engineered engagement, the work that lasts will be the work people actively choose, not the work they’re nudged into.
And that’s a space where smarter strategy and better storytelling tend to win.
HL thought: we see this less as a disruption and more as a validation. It reinforces the value of a more considered approach, where strategy and creativity matter more than simply chasing engagement.
Get in touch to see how we can help: kim.mclellan@hunterlodge.co.uk