Meta, TikTok, and X Lose UK Online Safety Regulator Case
Meta, TikTok, and X faced a setback on Friday as they lost a legal challenge against the British regulator Ofcom regarding information requests made under the Online Safety Act. This case represents one of the initial evaluations of the United Kingdom’s emerging online safety framework. The case is one of several initiated regarding aspects of the 2023 act, which establishes stricter standards for platforms like TikTok, X, and Meta’s Facebook and Instagram, with the objective of safeguarding children from harmful and illegal content.
Friday’s decision by London’s High Court represents a favourable outcome for Ofcom, while anticipation builds for a potentially more consequential ruling regarding Meta’s distinct case concerning Ofcom’s methodology for calculating fees and potential fines. Meta is currently contesting Ofcom’s classification of WhatsApp within the new regulatory framework and was recently subjected to Ofcom’s inaugural formal inquiry under the Online Safety Act. X and Meta did not provide an immediate response to requests for comment. TikTok stated that it is contemplating the judgement, without providing additional details.
Ofcom has solicited metrics from Meta, TikTok, and X. Ofcom has been gradually implementing the Online Safety Act regime, with its requirements backed up by the threat of fines of up to 10% of a company’s global turnover for the most serious breaches. The regulator issued information notices to Meta, TikTok and X in February, requesting detailed content moderation metrics including data on how many posts were removed or had visibility restricted, and how many users were exposed to harmful content.
Meta, TikTok and X argued the notices create unprecedented regulatory burdens, with X claiming that what it described as “the most burdensome information request X has received from any regulator” would cost it millions of pounds. However, the High Court dismissed their case, ruling that their arguments regarding the disproportionate nature of the information requests were unfounded. An Ofcom spokesperson welcomed the ruling, saying that “gathering information from companies is fundamental to our ability to do our job”.
