Meta, TikTok and X Lose High Court Challenge Against Ofcom

Meta, TikTok and X have lost a legal challenge against British regulator Ofcom over information requests issued under the Online Safety Act. London's High Court handed down the ruling on Friday, in one of the first tests of Britain's new online safety regime.

The court rejected the companies' argument that the requests were disproportionate. Ofcom sent the information notices in February, asking for detailed content moderation metrics. These included how many posts were removed or had their visibility restricted, and how many users were exposed to harmful content.

Companies cited heavy burdens

The three platforms argued the notices create unprecedented regulatory burdens. X described the request as the most burdensome it has received from any regulator and said it would cost the company millions of pounds.

Meta said it was disappointed with the decision. A spokesperson said the company and others across the industry brought the challenge because information-gathering of this scale goes beyond what is necessary or proportionate. TikTok said it is considering the judgment, and X did not immediately comment.

An Ofcom spokesperson welcomed the ruling, saying that gathering information from companies is fundamental to the regulator's ability to do its job.

What comes next

The 2023 act sets tougher standards for platforms such as TikTok, X, Facebook and Instagram, with a particular focus on protecting children from harmful and illegal content. Ofcom's powers are backed by fines of up to 10% of a company's global turnover for the most serious breaches.

The decision is one of several cases over parts of the act. A potentially more significant ruling is still awaited in Meta's separate case about how Ofcom calculates fees and potential fines. Meta is also challenging the categorisation of WhatsApp under the new regime, and earlier this month it became the subject of Ofcom's first formal investigation under the act.