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Key Moments

  • Meta, TikTok and X lost their legal challenge in London’s High Court over Ofcom’s information demands.
  • Ofcom requested detailed content moderation metrics under the 2023 Online Safety Act, including post removals and exposure to harmful content.
  • The ruling supports Ofcom’s ability to enforce the online safety regime, which allows fines of up to 10% of global turnover for serious breaches.

Background on the Dispute

Meta, TikTok and X on Friday lost a court battle against UK communications regulator Ofcom regarding the scope of information they are required to provide under Britain’s developing online safety framework.

The case is among the first to test the 2023 Online Safety Act, legislation that imposes stricter obligations on platforms such as TikTok, X and Meta’s Facebook and Instagram. The law is intended to protect children from harmful and illegal material online.

Ofcom’s Data Demands Under the Online Safety Act

Ofcom has been rolling out the new regulatory regime in stages, with compliance backed by the potential for financial penalties of up to 10% of a company’s global turnover in the most serious cases.

In February, the regulator issued information notices to the technology companies. These notices sought detailed content moderation statistics, including:

Requested MetricDescription
Post removal dataInformation on how many posts were removed
Visibility restrictionsData on how many posts had their visibility limited
Exposure to harmful contentFigures on how many users encountered harmful material

Platforms’ Objections and Court Decision

Meta, TikTok and X argued that Ofcom’s information notices imposed unprecedented regulatory burdens on their operations. They challenged the scope and scale of the data being requested.

London’s High Court rejected their arguments and ruled against the companies, allowing Ofcom’s notices to stand.

Next Steps and Responses

Following the decision, none of the companies involved, nor Ofcom, immediately responded to requests for comment.

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