[throw2016]

Choice and harm are two different concepts, the first is an economic context that is supposed to punish bad actors, the second is a societal concept of social harm which is an ethical concept like child labour.

In many cases the economic concept of choice is idealized and doesn't work in the real world. For instance what choice does a consumer concerned about privacy have beyond Android and IOS, or in telecom, oil and other polluting industries and other dysfunctional markets? The network effects of social media cannot be ignored and one may often be forced to participate in a damaging environment that does not respect consumers privacy and basic rights.

Consumers may want a privacy respecting Internet and products but there is no way for them to affect that outcome only through choice, so choice on its own is not empowering. You can only choose what is available. And this is where in democratic societies democratic institutions are expected to step in to limit harm.